part six — offenses and business activities code

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.


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.


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.


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.


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.


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.


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.


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.


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.


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.


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.


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

Maximum

Imprisonment

Term

1st degree 6 months

2nd degree 90 days

Maximum

Fine

$1,000.00

750.00

3rd degree 60 days

4th degree 30 days

Minor

500.00

250.00

No imprisonment 150.00

(RC 2929.21)

(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


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


(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

1st degree

2nd degree

3rd degree

4th degree

Minor

Maximum Fine

$5,000.00

4,000.00

3,000.00

2,000.00

1,000.00

Misdemeanor not specifically classified 2,000.00

Minor misdemeanor not specifically classified 1,000.00

(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)






























Code.






























































601.08 Attempt





























(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 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






(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.


















(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.









(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.



(Ord. No. 970-88. Passed 6-6-88, eff. 6-9-88)


Stolen Parts






(Ord. No. 137-86. Passed 1-13-86, eff. 1-16-86)





2929.28.

Maximum

Misdemeanor Imprisonment

Classification Term

1st degree 6 months

2nd degree 90 days

3rd degree 60 days

Maximum

Fine

$1,000.00

750.00

500.00

4th degree 30 days

Minor

250.00


(RC 2929.21)


















Type of Misdemeanor

1st degree

2nd degree

3rd degree

4th degree

Minor

Maximum Fine

$5,000.00

4,000.00

3,000.00

2,000.00

1,000.00

Misdemeanor not specifically classified 2,000.00





2929.31)

(Ord. No. 486-04. Passed 10-11-04, eff. 10-13-04)






























Code.






























































601.08 Attempt





























(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 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






(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.


















(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.









(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.



(Ord. No. 970-88. Passed 6-6-88, eff. 6-9-88)


Stolen Parts






(Ord. No. 137-86. Passed 1-13-86, eff. 1-16-86)





2929.28.

Maximum

Misdemeanor Imprisonment

Classification Term

1st degree 6 months

2nd degree 90 days

3rd degree 60 days

Maximum

Fine

$1,000.00

750.00

500.00

4th degree 30 days

Minor

250.00


(RC 2929.21)


















Type of Misdemeanor

1st degree

2nd degree

Maximum Fine

$5,000.00

4,000.00

3rd degree

4th degree

Minor

Misdemeanor not specifically classified

3,000.00

2,000.00

1,000.00

2,000.00





2929.31)

(Ord. No. 486-04. Passed 10-11-04, eff. 10-13-04)


Chapter 604 — Vicious Dogs



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).


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.


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.


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)


Chapter 605 — Disorderly Conduct and Activity




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.


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.


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


(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)


Chapter 607 — Drug Abuse Control




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


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.


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.


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.


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.


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.


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.


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.



(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)


Chapter 609 — Family Offenses




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.


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.


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.


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.


(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




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


(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.



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.



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.



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.



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)


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.



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.



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.



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.



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.


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.



Chapter 613 — Littering



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


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.


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)



Chapter 615 — Law Enforcement and Public Office



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



(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


(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.


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)


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)


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.


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.


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.


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)


Chapter 617 — Liquor Control




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



(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.


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.


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, D-

5f, 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 A-

1-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)


Chapter 618 — Liquor Permit Manager Registry



(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)



Complicity, CO 601.09

Offensive conduct, CO 605.03

Telephone harassment, CO 621.11



(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.


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.


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.


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.


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.


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.


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:



(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:



(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.


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.


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.


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).


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.


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.



Chapter 619 — Obscenity and Sex Offenses




Complicity, CO 601.09

Offensive conduct, CO 605.03

Telephone harassment, CO 621.11



(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.


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.


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.


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.


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.


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.


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:



(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:



(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:



(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.


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.


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.


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).


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.


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.



Chapter 621 — Offenses Against Persons




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.


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.


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.


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.


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.


(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


(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



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.


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.


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.


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.


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)


(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.


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.



Chapter 623 — Property Offenses




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.


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.


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.


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.


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.


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


(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)


Chapter 625 — Theft and Fraud




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



(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.


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.


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.


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.


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.


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.


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.


625.12 Misuse of Credit Cards


(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.


625.13 Making or Using Slugs


(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.


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.


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.


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.


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.


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.


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.


(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.


(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.


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.


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.


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.


Chapter 627 — Weapons and Explosives




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



(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.


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.


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.


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.


627.06 Unlawful Transactions in Weapons


(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


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)


Chapter 627A — POSSESSION OF FIREARMS BY CHILDREN


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)


Chapter 628 — Possession or Sale of Assault Weapons Prohibited


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)


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)


Chapter 629 — Safety and Sanitation




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.


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.


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


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)


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)


Chapter 630 — Criminal Activity Nuisances


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)


Chapter 631 — Railroads


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.



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)



As used in this Chapter:

Chapter 633 — Obstruction Marking and Lighting


(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)


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)


Title III — Consumer Protection

Chapter 641 — Definitions



Unfair trade practices prohibited, CO 643.02

Definitions for prescription drug prices, CO 645.01

Unit pricing definitions, CO 647.01

641.01 Short Title

This Title Three shall be known and may be cited as the Cleveland Consumer Protection Code, and the term "this Code," wherever used herein, means the Cleveland Consumer Protection Code.

(Ord. No. 729-72. Passed 6-26-72, eff. 6-29-72)

641.02 Appliances

"Appliances" means any device or instrument operated by electricity, gas or otherwise, and designed for personal, family or household use. Appliance includes but is not limited to vacuum cleaners, televisions, tape recorders, radios, record players or any other consumer equipment.

(Ord. No. 729-72. Passed 6-26-72, eff. 6-29-72)

641.03 Consumer

"Consumer" means a person who seeks or acquires real or personal property, goods or services primarily for personal, family or household purposes.

(Ord. No. 729-72. Passed 6-26-72, eff. 6-29-72)

641.031 Consumer Transaction

"Consumer transaction" means a sale, lease, assignment, award by chance, or other transfer of an item of goods, a service, a franchise, or an intangible, to an individual for purposes that are primarily personal, family, or household, or solicitation to supply any of these things. "Consumer transaction" does not include transactions between persons, defined in section

4905.03 of the Ohio Revised Code, and their customers; transactions between certified public accountants or public accountants and their clients; transactions between attorneys, physicians, or dentists and their clients or patients; and transactions between veterinarians and their patients that pertain to medical treatment but not ancillary services.

"Consumer transaction" also does not include transactions between persons, defined in 5725.01 of the Ohio Revised Code, including FDIC insured depository institutions and their operating subsidiaries, and their customers unless otherwise provided by federal or state law, statute, or rule.


641.04 Consumers Council

"Consumers Council" means the seven member advisory board whose sole function is to aid and assist the Director of

Consumer Affairs in effectively protecting the consumer public in the City.

(Ord. No. 729-72. Passed 6-26-72, eff. 6-29-72)

641.05 Director

"Director" means the Director of the Office of Consumer Affairs, wherever used in this Code, unless specifically defined otherwise.

(Ord. No. 729-72. Passed 6-26-72, eff. 6-29-72)

641.06 Goods

"Goods" means all movable things, wares, materials, merchandise, and fixtures whether or not in existence at the time of the transaction except money, securities and chattel paper, but including merchandise certificates.


641.07 Merchant

"Merchant" means a person who regularly deals in real or personal property, goods or services in a manner which results or is intended to result in consumer transactions. Merchant includes but is not limited to a seller, lessor, manufacturer, his assigns or successors. Merchant includes all other persons who are responsible for any act or practice prohibited by this

Code.

(Ord. No. 729-72. Passed 6-26-72, eff. 6-29-72)

641.08 Person

"Person" means any individual, partnership, partner, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents, assigns, employees or successors.

(Ord. No. 729-72. Passed 6-26-72, eff. 6-29-72)

641.09 Services

"Services" means and includes, but is not limited to, work, labor, consumer transactions privileges and all other accommodations which are primarily for personal, family or household purposes.


641.10 Transaction

"Transaction" means any oral or written agreement, sale or bargain entered into or intended to be entered into between a merchant and one or more consumers, whether or not it is a contract enforceable at law.

(Ord. No. 729-72. Passed 6-26-72, eff. 6-29-72)

641.11 Unfair or Deceptive Trade Practices

Unfair or deceptive trade practices are hereby declared to be unlawful and prohibited. "Unfair or deceptive trade practices" means any act, omission or practice undertaken by a merchant which is false, deceptive, fraudulent or misleading and results in or is intended to result in a consumer transaction. Unfair or deceptive trade practices include but are not limited to the following:

(a) Passing off goods or services as those of another;

(b) Causing likelihood of confusion or of misunderstanding as to the source, sponsorship, approval or certification of goods or services;

(c) Causing likelihood of confusion or of misunderstanding as to affiliation, connection or association with, or certification by another;

(d) Using deceptive representations or designations of geographic origin in connection with goods or services;

(e) Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation or connection that he does not have;

(f) Representing that goods are original or new if they are deteriorated, altered, reconditioned, reclaimed, used or secondhand;

(g) Representing that goods or services are of a particular standard, quality or grade, or that goods are of a particular style or model, if they are of another;

(h) Disparaging the goods, services or business of another by false or misleading representation of fact;

(i) Advertising goods or services with intent not to sell them as advertised;

(j) Advertising goods or services with intent not to supply reasonably expectable public demand unless the advertisement discloses a limitation of quantity;

(k) Making false or misleading statements of fact concerning reasons for, existence of or amounts of price reductions;

(l) Representing that the consumer transaction confers or involves rights, remedies or obligations that it does not have or involve or which are prohibited by law;

(m) Representing that a part, replacement or repair service is needed when it is not;

(n) Representing that the subject of a consumer transaction has been supplied in accordance with a previous representation when it is not;

(o) Causing likelihood of confusion or of misunderstanding with respect to the authority of a salesman, representative or agent to negotiate the final terms of a transaction with a consumer;

(p) Making false or misleading statements relating to determining the value of real property or manufactured homes in a consumer transaction;

(q) Engaging in any other act or practice which similarly creates a likelihood of deceiving or misleading the consumer;

(r) Definitions and specifications of unfair or deceptive trade practices contained in rules and regulations promulgated by the Director.

(s) Any act, omission, or practice inconsistent with laws of the State of Ohio, federal law, and rules and regulations promulgated under either State or federal law, and decisions of the Federal Trade Commission, and Federal and State courts, relating to consumer protection.


641.12 Unconscionable Trade Practices

Unconscionable trade practices are hereby declared to be unlawful and prohibited. "Unconscionable trade practices" means any act, omission or practice undertaken by a merchant which unfairly takes advantage of the lack of knowledge, ability, experience or capacity of a consumer; or results in a gross disparity between the value received by a consumer and the price paid, to the consumer's detriment. "Unconscionable trade practices" shall also mean any act or practice declared unconscionable by statute, by regulation, by decision of a judicial body or administrative body in the State of Ohio, or by a rule or regulation promulgated by the regulation promulgated by the Director. In promulgating such rules and regulations the Director shall consider among other factors:

(a) Knowledge by merchants engaging in the act or practice of the inability of consumers to receive properly anticipated benefits from the goods or services involved;

(b) Gross disparity between the price of goods or services and their value measured by the price at which similar goods or services are readily obtained by other consumers;

(c) The fact that the acts or practices may enable merchants to take advantage of the inability of consumers reasonably to protect their interests by reason of physical or mental infirmities, illiteracy or inability to understand the language of the agreement, ignorance or lack of education, or similar factors;

(d) The degree to which terms of the transaction require consumers to waive legal rights;

(e) The degree to which terms of the transaction require consumers to jeopardize money or property beyond the money or property immediately at issue in the transaction; and

(f) Definitions of unconscionability in statutes, regulations, rulings and decisions of legislative, administrative or judicial bodies in this State or elsewhere.



Chapter 643 — Enforcement, Orders and Penalty



Department of Consumer Affairs, establishment of, CO 147.01

Director of Consumer Affairs, duties, CO 147.02

Unfair trade practices defined, CO 641.11

Unconscionable trade practices defined, CO 641.12

Regulations for posting prescription drug prices, CO 645.03

Enforcement of prescription drug price regulations, CO 645.04

Penalty for unit pricing violation, CO 647.99

Gasoline price posting enforcement, CO 649.03

Enforcement of meat packaging and labeling provisions, CO 651.13

Penalty for packaging or labeling violation, CO 651.99

Penalty for deceptive advertising, CO 653.99

Penalty for violation of regulations regarding return of merchandise, CO 655.99

643.01 Territorial Application

This Code applies to all consumer transactions which take place within the City of Cleveland, regardless of the residence of any of the persons directly or indirectly affected by such transaction.

(Ord. No. 729-72. Passed 6-26-72, eff. 6-29-72)

643.02 Unfair, Deceptive and Unconscionable Trade Practices Prohibited

No person shall engage in any unfair, deceptive or unconscionable consumer trade practice in the sale, lease, rental or loan, or in the offering for sale, lease, rental or loan of any consumer goods or services.


643.03 Waivers and Disclaimers

No agreement, whether oral or in writing, made within the City, may waive or disclaim the jurisdiction, provisions, rules or regulations of this Code. Any attempt to so waive or disclaim provisions of this Code is contrary to public policy, of no effect and is void.

(Ord. No. 729-72. Passed 6-26-72, eff. 6-29-72)

643.04 Consumer Affairs Personnel

The Director of Consumer Affairs shall supervise such personnel, appointed by the Mayor, as are needed to ensure the successful administration of this Code. Such personnel shall carry out the direction of the Director in all matters relating to the enforcement of this Code and shall aid and assist the Director in the efficient discharge of his or her duties.

(Ord. No. 125-82. Passed 12-20-82, eff. 12-23-82)

643.05 Duties of the Director of Consumer Affairs

The Director of Consumer Affairs under the supervision and direction of the Mayor and subject to the Charter and ordinances of the City, shall have the authority to:

(a) Delegate and appoint personnel in the Office of Consumer Affairs to aid and assist the Director in the proper discharge of his duties and powers;

(b) Supervise the execution and enforcement of all laws, rules and regulations pertaining to consumer affairs as provided in this Code;

(c) Receive moneys and issue vouchers for the disbursement of moneys in accordance with the terms of any stipulated settlement agreement made pursuant to division (a) of Section 643.13 of these Codified Ordinances;

(d) Investigate, hear and determine complaints of violations of this Code and make inspections and observations, hold hearings and subpoena witnesses and relevant matter as he or she deems necessary to effectuate this Code. Records shall be maintained of all such investigations, complaints, inspections, observations, hearings, testimony, evidence received and action taken, if any;

(e) Institute complaints against all violations of any provisions of this Code and institute necessary legal proceedings, either personally or through his or her representative;

(f) Make studies, conduct tests and establish programs to educate and inform consumers of practices and problems and represent the interest of consumers before administrative and regulatory agencies;

(g) Work with governmental agencies and private consumer groups to insure the protection of consumers and to coordinate activities for the common municipal good;

(h) Make a written annual report to the Mayor enumerating the activities and recommendations of the Office of Consumer

Affairs;

(i) Do any and all acts which may be necessary for the successful prosecution of the purposes of this Code and such other acts as may be specifically enumerated herein including, but not limited to requiring that certain classes of merchants be licensed by the Office of Consumer Affairs subject to approval by Council through the Commissioner of Assessments and

Licenses when the Director determines such licensing to be in the public interest and necessary for the protection of consumers.


643.06 Rules and Regulations

The Director of Consumer Affairs, under the supervision and direction of the Mayor and after having consulted with the

Consumers Council, and after having held a public hearing affording interested persons an opportunity to be heard, may adopt, amend or alter written rules and regulations of this Code to protect consumers, including regulations defining specific unfair and unconscionable trade practices. Such rules and regulations must be reviewed by the Director of Law and shall not conflict with nor waive any provisions of this Code or any ordinance of the City, or be inconsistent with the rules, regulations and decisions of the Federal Trade Commission, the laws of the State or the decisions of Federal and state courts relating thereto, nor shall they be the basis for criminal prosecutions for violations of this Code. Such rules and regulations and amendments thereto and alterations thereof shall become effective after two successive publications in the City Record. No rule or regulations shall be adopted, amended or altered or of any effect without the prior approval and consent of Council.


643.07 Notice of Public Hearing on Proposed Rules

Prior to the adoption, amendment or alteration of any rule or regulation, the Director of Consumer Affairs shall give at least fourteen days' notice of his intended action by publication in the City Record setting forth the date, time and place of a public hearing and the contents of the proposed rules or regulations to be acted upon.

(Ord. No. 729-72. Passed 6-26-72, eff. 6-29-72)

643.08 Tests to Determine Violations

The Director of Consumer Affairs is hereby authorized to conduct or cause to be conducted any tests which in his judgment may aid in demonstrating that violations of this Code have been or are likely to be committed. The Director shall require that all tests be conducted by reputable, qualified personnel and that written reports be submitted to him for all such tests. If the report substantiates that a violation of this Code exists, the person responsible for the violation shall pay all costs for conducting the tests.

(Ord. No. 729-72. Passed 6-26-72, eff. 6-29-72)

643.09 Right of Entry

Any person who in any manner hinders, obstructs, delays, resists, prevents or interferes with the Director or his representative in the performance of his duty by refusing entrance at reasonable hours to any premises to which this Code applies and is suspect of violation, or refuses to permit testing, inspection or examination of such premises for the purpose of enforcement of the provisions, rules or regulations of this Code, shall be subject to such action as may be provided at law or by the provisions of this Code.

(Ord. No. 729-72. Passed 6-26-72, eff. 6-29-72)

643.10 Recovery of Investigative Costs

In any civil action brought by the Director or his representative for violations of this Code, the Director may recover all costs of testing and investigation if he prevails in the action.

(Ord. No. 729-72. Passed 6-26-72, eff. 6-29-72)

643.11 Enforcement Actions and Consumer Remedies

(a) All legal actions initiated by the Director of Consumer Affairs to enforce this Code shall be brought by the Director of

Law upon written request by the Director of Consumer Affairs. In addition to recovery of fines as provided by this Code, actions may be brought for injunctive relief in any court of competent jurisdiction to restrain a person from violating this

Code or the rules or regulations pursuant thereto, and to restrain a merchant from engaging in unfair, deceptive, fraudulent or unconscionable conduct with consumers. To establish a cause of action under this Code it need not be shown that consumers are being or were actually damaged.

(b) The City or any person aggrieved by a violation of Title III, Consumer Protection Code, may at any time within two years from the date of the alleged violation or within a reasonable time after the consumer discovers or should have discovered the violation, whichever is later, may apply to any court of competent jurisdiction for appropriate relief, including but not limited to:

(1) injunctive relief or an order otherwise compelling compliance with this Code;

(2) compensatory damages which may be trebled if the act, omission or practice violates Sections 641.11 or 641.12, and/or punitive damages;

(3) such other or further relief as is appropriate for the enforcement of this Code and elimination and prevention of violations thereof.

(c) The court may award to the City or the complainant reasonable attorneys' fees and costs of litigation, and the City shall recover its reasonable costs of investigation of the violation.


643.12 Cease and Desist Orders

If the Director has reason to believe that a person has violated this Code, he may order such person subject to this Code to cease and desist from engaging in such violations or from engaging in unfair, deceptive, fraudulent or unconscionable conduct. If after the order is made, a written request for hearing is filed with the Director and no hearing is held within thirty days thereafter, the order is rescinded. Any determination or order made after a full hearing by the Director, and any order if no hearing is requested within thirty days shall become a lawfully made final order and thereafter subject to judicial review at law.

(Ord. No. 729-72. Passed 6-26-72, eff. 6-29-72)

643.13 Assurances that Violations Will Cease

(a) In lieu of instituting or continuing an action pursuant to this Code, the Director may accept written assurance of discontinuance of any act or practice in violation of this Code from the person or persons who have engaged in such acts or practices. Such assurance may include stipulation for payment by the violator for the costs of investigation by the Director and may also include a stipulation for the restitution by the violator to the consumers of money, property or other things received from them in connection with a violation of this Code, including money necessarily expended in the course of making and pursuing a complaint to the Director. All settlements shall be made a matter of public record.

(b) Violation of an assurance entered into pursuant to this section shall be treated as a violation of this Code, and shall be subject to all the penalties provided therefor.

(Ord. No. 729-72. Passed 6-26-72, eff. 6-29-72)

643.14 Conflict with Other City Ordinances

In the event of a conflict between any provision of this Code and any other ordinances of the City, the provisions of this

Code shall prevail with the exception of ordinances whose standards are more restrictive than those set out in this Code.

(Ord. No. 729-72. Passed 6-26-72, eff. 6-29-72)

643.15 Effect on Other Remedies

The remedies in this Code, are in addition to remedies otherwise available for the same conduct under federal, state or local law.


643.99 Penalty

(a) No person shall violate or participate in the violation of any of the provisions of this Code or rules and regulations promulgated pursuant thereto.

(b) Whoever violates any provision of this Code, for which no penalty is otherwise provided and for which state law does not apply an exclusive civil penalty, shall be fined not less than five hundred dollars ($500.00), nor more than two thousand dollars ($2,000.00) or imprisoned for not more than six months or both. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.

(c) In addition to the above penalties any person who violates any provision of this Code or any rules or regulations promulgated pursuant thereto shall be subject to an order of a court of competent jurisdiction when appropriate in granting equitable relief to insure justice with regard to the transaction which is the subject of the violation of this Code or any rule or regulation promulgated pursuant thereto.

(d) In addition to the penalties and remedies above, any person aggrieved by any violation of this Code may pursue remedies authorized by Section 643.11 of this Code.



Chapter 645 — Prescription Drug Prices



Adulterated or misbranded drugs or cosmetics, CO 241.24


Penalty, CO 643.99

Regulations for unit pricing, CO Ch 647



(a) "Current selling prices" means the price to be paid by the retail purchaser to the pharmacy for a prescription drug.

(b) "Prescription drugs" means any drug which may be dispensed only with a physician's prescription.

(c) "Pharmacy" means any retail outlet selling prescription drugs within the City of Cleveland.

(Ord. No. 709-74. Passed 7-29-74, eff. 8-1-74)

645.02 Display of Prescription Drug Prices

Every pharmacy must post at each counter over which prescription drugs are sold, a list conspicuously displaying the current selling price of the drugs by their common generic and brand names designated on a form prescribed for that purpose by the Office of Consumer Affairs.

(Ord. No. 709-74. Passed 7-29-74, eff. 8-1-74)

645.03 Regulations and Exemptions

The Director of Consumer Affairs shall promulgate regulations, pursuant to Section 643.06, designating those prescription drugs which because of the frequency with which they are prescribed, shall be posted pursuant to Section

645.02. The Director may exempt from such regulation such drugs whenever he finds that, because of the nature of such prescription drugs, compliance with Section 645.02 is unreasonably burdensome and unnecessary for adequate protection of consumers. The Director shall promulgate such other regulations as shall be necessary to effectuate the purposes of this chapter, including but not limited to, requirements as to the manner of display of prescription drug prices and other information related to prescription drugs.

(Ord. No. 709-74. Passed 7-29-74, eff. 8-1-74)

645.04 Failure to Post Prices; Enforcement

Failure to post prices, as required in Section 645.02, constitutes an unconscionable trade practice under the provisions of

Section 641.12, and is otherwise subject to all the legal remedies and penalties available to the Director, who is hereby authorized to enforce the provisions of this chapter.

(Ord. No. 709-74. Passed 7-29-74, eff. 8-1-74)

645.99 Penalty

(a) Whoever violates any provisions of this Chapter shall be subject to the penalties provided In Section 643.99.

(b) In addition to the penalties above, any person aggrieved by any violation of this Chapter may pursue remedies authorized by Section 643.11 of this Code.



Chapter 647 — Unit Pricing



Marketing standards, RC Ch 925


Prescription drug pricing regulations, CO Ch 645

Packaging and labeling meat, CO Ch 651



(a) "Consumer commodity" means any food, drug, device or cosmetic and any other article, product or commodity of any kind or class which is customarily necessary or used for personal, family or household use and offered for sale at retail.

(b) "Unit price" means the price per measure.

(Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)

647.02 Exemptions from Provisions

Sellers at retail need not comply with the provisions of this chapter as to the following consumer commodities:

(a) Medicine sold by prescription only;

(b) Beverages subject to or complying with packaging or labeling requirements imposed under the Federal Alcohol

Administration Act;

(c) Such consumer commodities which are required to be marked individually with a unit price under the provisions of any Ohio statute;

(d) Food sold for consumption on the premises;

(e) Any consumer commodity whose net quantity as offered for sale is one pound, one ounce, one pint, one quart, one gallon, 100 count, one foot, 100 feet, one square foot or one square yard, provided it has the retail price marked plainly thereon;

(f) Consumer commodities sold by any retail establishment operated by a person as his sole place of business, provided such place of business had annual gross sales of less than seven hundred fifty thousand dollars ($750,000) in the previous calendar year, unless it is a part of a network of subsidiaries, affiliates or other member stores, under direct or indirect common control, which, as a group, had annual gross sales in the previous calendar year of seven hundred fifty thousand dollars ($750,000) or more.

(Ord. No. 2269-74. Passed 6-30-75, eff. 7-5-75)

647.03 Means of Price Information Disclosure

(a) All retail establishments subject to this chapter shall disclose the unit price to consumers in one of the following manners:

(1) By the attachment of a stamp, tag, label or sign within close proximity to the commodity;

(2) By affixing the unit price and the total price on the commodity itself;

(3) In the case of specially stored or displayed items, such as frozen commodities and goods which are marketed on end displays, by attaching the stamp, tag or label on the shelf or display space contiguous with the area where the commodities are displayed;

(4) In the case of commodities not conspicuously visible to the consumer, by a sign or list conspicuously placed near the point of procurement.

(b) The stamp, tag, label or sign must be conspicuously visible to the consumer and carry the following:

(1) The total selling price;

(2) The unit price, expressed in terms of dollars or cents, as applicable. If the price is over one dollar ($1.00), it may he expressed to the nearest full cent, provided that such price is rounded from .005 and over the next higher cent, and if .004 or less to the lower cent; but, that if it is expressed in cents, it is carried to at least one digit after the decimal point.

Examples: "25.3¢ per pound" "$1.67 per quart;"

(3) The applicable unit of weight, measure or count;

(4) Identification of the consumer commodity to which the price information relates, if the stamp, tag, label or sign is not affixed to the commodity.

(c) In addition, at the option of the retail establishment, the stamp, tag, label or sign may include a description of the commodity being sold and other stocking information, provided that such information does not in any way obscure, deemphasize or confuse the unit price information as specified in division (b) of this section.

(d) The price per measure in all situations shall be printed in bold figures which shall be clear, conspicuous and legible.

(Ord. No. 1241-92. Passed 7-22-92, eff. 7-31-92)

647.04 Explanatory Signs Required

Every retail establishment required to post unit prices under the provisions of this chapter shall conspicuously post at least one sign which shall clearly and legibly explain the use of unit price information to the consumer. The unit price, as used in examples on such signs, shall appear in type no smaller than that used for the selling price in the examples.

(Ord. No. 2269-74. Passed 6-30-75, eff. 7-5-75)

647.05 and 647.06 Reserved

Note: Former Sections 647.05 and 647.06 were repealed by Ord. No. 1241-92, passed 7-22-92, eff. 7-31-92.

647.07 Extension of Time for Compliance

Any retail establishment which is unable to comply with this chapter within the time set forth herein may apply to the

Director of Consumer Affairs for permission to extend such time for compliance for an initial period not to exceed thirty days. Such retail establishment shall set forth, in as much detail as possible, the reasons for its inability to comply. The

Director may extend such period from time to time, upon such terms and conditions as he may deem reasonable, but not to exceed ninety days in total.

(Ord. No. 2269-74. Passed 6-30-75, eff. 7-5-75)

647.08 Responsibility for Compliance

In the event of a violation of this chapter, the manager or individual in charge of such retail establishment, and the individual or corporation employing such manager or individual in charge shall be deemed to be responsible for compliance by such retail establishment with the requirements of this chapter.

(Ord. No. 2269-74. Passed 6-30-75, eff. 7-5-75)

647.09 Reserved


647.99 Penalty

(a) Whoever violates any provisions of this Chapter shall be subject to the penalties provided in Section 643.99.




Chapter 649 — Gasoline Prices





649.01 Posting of Current Gasoline Prices

Every person, firm, copartnership, association or corporation engaged in the retail sale of gasoline to the general public, shall post on the premises from which such gasoline is sold, the then current selling price per gallon of gasoline for each type and grade thereof. If prices for each type and grade of gasoline differ within the same premises because of additional charges or discounts resulting from services available on the premises, self-help of the purchaser of the gasoline, bonuses or stamps available to consumers for reason of purchasing their gas on the premises, or any other reason, these different prices and the reason for the difference shall be posted in the same manner.

(Ord. No. 641-74. Passed 6-24-74, eff. 7-1-74)

649.02 Information Required for Posting

Posting of prices, as used in Section 649.01 shall include the type and grade of each gasoline sold or offered for sale, at retail, on the premises, together with the respective prices per gallon for each type and grade, such as "regular_$0.40 per gallon." Posting within the meaning of Section 649.01 shall be deemed accomplished within the meaning of this chapter, where at least two signs are conspicuously placed on the premises where gasoline is sold, one of which shall be above each island of gasoline pumps or pump, as the case may be, or if such is not possible, then as near to the island or pumps as possible, and one sign secured to the window of the gasoline service station building, if one is on the premises. Signs shall be clear, visible and legible to motorists traveling the streets and roadways immediately adjacent to the gasoline station for a distance of at least 100 feet in both directions on such roadways and streets.

(Ord. No. 641-74. Passed 6-24-74, eff. 7-1-74)

649.03 Failure to Post Prices; Enforcement

Failure to post prices as set forth in Sections 649.01 and 649.02 constitutes an unconscionable trade practice under the provisions of Section 641.12, otherwise subject to all of the legal remedies and penalties available to the Director of

Consumer Affairs, who is authorized to enforce the provisions of this chapter.

(Ord. No. 641-74. Passed 6-24-74, eff. 7-1-74)

649.04 Tire Inflation Equipment

Every person, firm, copartnership, association or corporation subject to Section 649.01, shall, during the hours when such business is open to the general public, have available on the premises equipment normally and customarily used for inflating automobile tires, in good working order, and shall permit any operator of an automobile to use such equipment upon request. Air pumps shall be located to provide easy access for customer use.


649.99 Penalty





Chapter 651 — Packaging and Labeling



Marketing standards, RC Ch 925

Adulterated, misbranded and unsafe food, RC 3715.52, 3715.59 et seq.; CO 241.23



651.01 Standards for Packaging Meats

Notwithstanding the provisions of the Consumer Protection Code, it shall not be unlawful for any owner, manager or supervisor of a retail store or any independently operated department within such a store to sell or offer for sale fresh or frozen meat in such a package as is currently used in the industry, including but not limited to the use of what is generically referred to as "pulp" and "foam" trays.

(Ord. No. 1294-73. Passed 7-2-73, eff. 7-3-73)

651.02 Permitted Material for Prepackaged Products; Restrictions

On or after four months from December 10, 1973, no owner, manager or supervisor of a retail store or any independently operated department within such a store shall sell, offer for sale or expose for sale at retail, on the same premises where

any fresh or frozen meat, fish, shellfish, poultry or any produce, all herein after referred to as merchandise, are packaged, without complying with the following:

(a) If the merchandise is packaged in a tray, the top of the package shall be completely visible, exclusive of labelling, which may occupy not more than ten percent of one side of the package or a total of five square inches, whichever is greater.

(b) If the merchandise is packaged in a tray, the tray containing the merchandise shall be constructed or manufactured so that at least seventy percent of the bottom is transparent or open or slotted so as to make the merchandise therein visible to the buyer. No material shall be used for wrapping purposes which would otherwise obstruct the visibility of the merchandise as set forth herein.

The provisions of this section shall not apply to merchandise packaged at the request of and in the immediate view of the buyer purchasing the specific item.

(Ord. No. 2196-73. Passed 12-3-73, eff. 12-10-73)

651.03 Enforcement; Exceptions

The Director of Consumer Affairs shall enforce the provisions of Section 651.02. The Director may grant an extension of time for compliance with the section where a written request supported by evidence of exceptional circumstances and substantial efforts to comply prior to the effective date would justify his finding that full compliance on or before the effective date would be impossible or create undue financial hardship in the particular instance.

(Ord. No. 1640-73. Passed 8-10-73, eff. 8-13-73)

651.99 Penalty





Chapter 653 — Deceptive Advertising





Power to regulate advertising, RC 715.65



653.01 Reserved


653.02 Untrue and Misleading Advertising

No person, with intent to sell or in anywise dispose of goods or service, or anything offered directly or indirectly to the public for sale or distribution, or with intent to increase the consumption thereof, or to induce the public in any manner to enter into any obligation relating thereto, shall make, publish, disseminate, circulate or place before the public, or cause directly or indirectly to be made, published, disseminated, circulated or placed before the public, in the City of Cleveland, an advertisement of any sort regarding goods, service or representation so offered to the public, which contains any assertion, representation or statement which is untrue, deceptive or misleading, or fails to disclose that the quantity is limited, if such is the case.


653.03 Failure to Advise of Inferior Merchandise

(a) No person, with intent to sell or in anywise dispose of merchandise which is not of the recognized highest grade for such merchandise, shall fail, neglect or refuse to advise the public of the exact quality of the merchandise offered for sale, correctly stated in terms of the trade usage, plainly discernable upon such merchandise or in or upon the counter, bin or other receptacle from which it is offered to the public.

(b) Without prejudice to the generality of the prohibitions of this section and the applicability thereof, the advertising or representing of merchandise as imperfect, without stating the recognized trade designation of quality, shall be deemed a violation of this section.

(Ord. No. 783-49. Passed 3-6-50)

653.04 Defective, Rebuilt or Second-Hand Merchandise

No person, firm or corporation, in any newspaper, magazine, circular, form letter or any open publication, published, distributed or circulated in the City, or on any billboard, car, label or other advertising medium, or by means of any other method of advertising, shall advertise, call attention to or give publicity to the sale of any merchandise, which merchandise is second-hand, used or rebuilt merchandise, or which merchandise is defective in any manner, or consists of articles, units or parts known as "seconds," or blemished merchandise, or which has been rejected by the manufacturer thereof as not first class, unless there is conspicuously displayed directly in connection with the name and description of such merchandise and each specified article, unit or part thereof, a direct and unequivocal statement, phrase or word which will clearly indicate that such merchandise or each article, unit or part thereof so advertised is second-hand, used, rebuilt, defective, consists of seconds, is blemished merchandise or has been rejected by the manufacturer thereof, as the fact may be.

653.99 Penalty

(a) Whoever violates any provisions of this Chapter shall be subject to the penalties provided in Section 643.99. Each fraudulent advertisement for the sale of such designated items or materials constitutes a separate offense.




Chapter 655 — Returns and Refunds




Deceptive advertising, CO Ch 653

655.01 Regulations for Return of Purchased Merchandise

No person who has sold any merchandise in any retail store in the City of Cleveland shall refuse, except for reasons imposed by law, including State or Municipal health codes, to accept for exchange, credit or refund the return within five business days of such merchandise, if the merchandise is in its original condition and has not been altered at the customer's request, and is accompanied by the original sales slip, for exchange, credit or refund, unless such merchandise has been sold pursuant to advertising clearly stating that such merchandise is sold on final sale and not subject to return, or there is posted prominently and conspicuously in such establishment a sign stating the terms under which the nonreturnable merchandise is offered or sold, or both offered and sold.

(Ord. No. 628-50. Passed 11-20-50)

655.99 Penalty

(a) Whoever violates Section 655.01 shall be subject to the penalties provided in Section 643.99.




Chapter 656 — Layaway Agreements



Trade practices generally, RC Ch 1333

Consumer sales practices, RC Ch 1345

Unfair trade practices prohibited, CO 643.02

Failure to advise of inferior merchandise, CO 653.03



(a) "Cash price" means the retail selling price for which goods subject to a layaway agreement may be purchased for cash from the seller by the buyer at the time of the execution of the layaway agreement.

(b) "C.O.D. transaction" means an agreement by which the seller requires the buyer to pay the full cash price of the goods upon delivery or tender of delivery by the seller, less any down payment made by the buyer. A C.O.D. transaction does not include an agreement by which the seller requires the buyer to pay interim payments before such delivery or tender of delivery.

(c) "Consumer" and "buyer" shall have the meaning ascribed to the word "consumer" in Section 641.03.

(d) "Goods" shall have the meaning ascribed in Section 641.06, except for purposes of this chapter, goods shall not include motor vehicles.

(e) "Merchant" and "seller" shall have the meaning ascribed to the word "merchant" in Section 641.07.

(f) "Layaway agreement" means a written contract for the retail sale of goods negotiated or entered into in the City between a consumer and a merchant, under this or any other name, under which:

(1) Part or all of the layaway price is payable in one or more payments subsequent to the making of the layaway agreement.

(2) The goods are specific existing goods identified from the seller's stock or inventory at the time of the making of the layaway agreement.

(3) The seller retains possession of such goods until the layaway price is paid in full.

"Layaway agreement" includes a "special order transaction," as defined in subsection (j) hereof. "Layaway agreement" does not include a bona fide C.O.D. transaction, as defined in subsection (b) hereof.

(g) "Layaway charge" means a charge assessed to the buyer for exercising the layaway option.

(h) "Layaway price" means the sum of the cash price, service charges and assessed taxes.

(i) "Service charge" means any fee charged to the buyer in addition to the cash price of the goods, excluding taxes.

(j) "Special order transaction" means a contract negotiated or entered into for the retail sale of goods under which such goods:

(1) Are ordered by the buyer to his or her unique specifications;

(2) Are not carried by the seller, either in the seller's showroom or warehouse;

(3) Are ordered from a manufacturer or supplier; and

(4) Are not resalable by the seller at the sale price negotiated with the buyer; or

(5) Have been altered at the request of the buyer so that the goods are no longer salable to the general public.

(Ord. No. 2825-90. Passed 12-17-90, eff. 12-21-90)

656.02 Execution of Agreement

A layaway agreement shall be in writing, contain all of the agreements of the parties and be signed and dated by all of the parties thereto.

(Ord. No. 1732-85. Passed 10-21-85, eff. 10-23-85)

656.03 Contents of Layaway Agreement

No merchant shall accept payment from a consumer to be applied to the purchase of goods on a layaway plan without first clearly and conspicuously disclosing to the consumer, in a layaway agreement, the following information:

(a) The full name and post office address of the seller;

(b) A description of the goods to be purchased on the layaway plan, including, as appropriate, the type of item, the name of the manufacturer, and the brand name, color, size, style and model number of such goods;

(c) The cash price of such goods;

(d) A specific itemization of service charges, including, but not limited to, any layaway charge (not to exceed three percent of the cash price of the goods or five dollars ($5.00), whichever is greater) and charges for delivery, installation, assembly, repair or other services to the goods, which are separate from the cash price;

(e) The layaway price;

(f) The amount of the buyer's down payment, together with a statement of the respective amounts credited for cash or credits, the agreed value of any goods to be traded in and a description of such goods;

(g) The total sum which remains owing by the buyer to the seller, the number of installment payments, the amount of such payments, the dates by which such payments are due, and any penalties for late payment where the buyer is not in default;

(h) A clear and concise statement of circumstances constituting buyer default and all consequences of such default, including any imposition of liquidated damages, as permitted under paragraphs (d), (e) and (f) of Section 656.05. The statement shall further include the following:

(1) The buyer will not be in default until a required payment remains unpaid for at least thirty (30) days after the scheduled payment date, as provided in paragraph (a) of Section 656.05;

(2) Where the layaway agreement contains a liquidated damages clause, the buyer shall not be in default until at least ten

(10) days after the seller mails notice of default to the buyer, as provided in paragraph (b) of Section 656.05;

(3) Where the layaway agreement does not contain a liquidated damages clause, or if the layaway price of the specific goods subject to the layaway arrangement is one hundred dollars or less, the seller is not required to mail notice of default as a prerequisite to the buyer's default, as provided in paragraph (c) of Section 656.05; and

(4) Upon default, the seller may cancel the layaway agreement as provided in paragraphs (1)-(3) above and in paragraph

(d) of Section 656.05; and

(i) A clear and conspicuous statement of the buyer's right to cancel such layaway agreement as provided in paragraph (f) of

Section 656.05.

(Ord. No. 2825-90. Passed 12-17-90, eff. 12-21-90)

656.04 Duties of Seller

(a) The seller shall give the buyer an exact copy of the signed layaway agreement at the time the agreement is executed.

(b) Upon execution of a layaway agreement, the seller shall hold for the buyer, or agree to deliver to the buyer, upon full payment of the layaway price, goods that are identical in every respect to those originally selected by the buyer, provided that the buyer complies with all the terms of the layaway agreement.

(c) The seller shall bear the risk of loss or damage while holding the goods purchased pursuant to a layaway agreement.

(d) Whenever a payment is made on a layaway agreement account, the seller shall give the buyer a dated receipt evidencing such payment.

(e) If the buyer requests the status of the layaway account, the seller, within ten days after such request, shall give the buyer a written statement setting forth:

(1) The total cost of the layaway transaction;

(2) The total amount paid by the buyer to date; and

(3) The balance due to the seller and the date by which remaining payments are due.

(f) The seller may not increase the layaway price of goods sold under a layaway agreement.

(g) Upon the seller's breach of any of the seller's duties, the seller shall give to the buyer a full refund in cash or by due bill, at the option of the buyer.

(Ord. No. 1732-85. Passed 10-21-85, eff. 10-23-85)

656.05 Default by Buyer; Cancellation of Agreement Before Default

(a) No buyer shall be in default under a layaway agreement until a required payment remains unpaid for at least thirty days after the scheduled payment date.

(b) If the seller's layaway agreement includes a liquidated damages clause as permitted in paragraph (e) of this Section, the buyer shall not be in default until at least ten (10) days after the seller mails a notice of the default to the last known address of the buyer. The notice shall be mailed using certified mail, return receipt requested, or by regular mail evidenced by a properly completed and stamped certificate of mailing by regular mail. Such notice shall state:

(1) The fact that the buyer has failed to comply with the layaway arrangements;

(2) In what manner the buyer has failed to comply with the layaway arrangement;

(3) The date upon which the buyer will be in default should payment not be forthcoming;

(4) The amount of money which must be paid by the buyer to avoid default; and

(5) The exact consequences of the buyer's default.

(c) If the seller's layaway agreement does not include a liquidated damages clause, or if the layaway price of the specific goods subject to the layaway arrangement is one hundred dollars or less, no written notice need be sent to the buyer as a prerequisite to the buyer's default.

(d) Upon the buyer's default, the seller may cancel the layaway agreement and the balance of the monies paid shall be refunded by the seller to the buyer. Where the layaway agreement contains a liquidated damages provision, cancellation shall be in accordance with paragraph (b) of this Section, and the seller may recover liquidated damages as permitted in paragraph (e) of this Section.

(e) If the buyer defaults under a layaway agreement, and the agreement contains a liquidated damages provision, the seller may retain as liquidated damages an amount not to exceed the lesser of twenty-five dollars or ten per cent of the cash price of the goods subject to the layaway agreement. Any balance due to the buyer shall be refunded by the seller in cash or by due bill at the option of the buyer.

(f) The buyer may, at any time before delivery or tender of delivery, and before default, cancel the layaway agreement. In such event, the seller may retain from the refund due the buyer liquidated damages in an amount not to exceed the layaway charge plus the lesser of either twenty-five dollars or ten per cent of the cash value of the goods subject to the layaway agreement. The balance shall be refunded by the seller to the buyer in cash or by due bill at the option of the buyer.

(g) Unless otherwise provided in the layaway agreement, paragraphs (d), (e) and (f) of this section do not apply to a special order transaction.


656.99 Penalty







Chapter 657 — Motor Vehicle Repairs


(a) "Motor vehicle repair garage" shall mean a business or individual regularly engaged in the repair of motor vehicles, except:

(1) A business which performs motor vehicle servicing solely to the extent of fueling, checking fluid levels, replacing filters, and other minor servicing functions;

(2) A garage or shop engaged exclusively in repairing the motor vehicles of its own fleet.

(b) "Repair" shall mean mechanical repairs, service, maintenance, alterations, diagnostic testing or body work, or the addition of equipment, supplies or parts to a motor vehicle.

(c) "Motor vehicle repair person" shall mean any person who performs repairs, as defined in division (b) of this section, for compensation, other than a person who performs repairs only on his or her motor vehicle or vehicles or while in the employ of an entity described in division (a)(1) or (a)(2) of this section.

(Ord. No. 2297-90. Passed 11-5-90, eff. 11-9-90)

657.02 Maintenance of Records

Every person who operates a motor vehicle repair garage shall keep records which shall include all work orders, estimates and invoices of all consumers for whom motor vehicle repairs have been performed. Such records shall be made available for inspection and copying by the Director or his designee for not less than two (2) years after their creation. Upon request

by a consumer and payment of a reasonable cost therefor, a motor vehicle repair garage shall provide the documents maintained by the motor vehicle repair garage which reflect any transaction to which said consumer was a party.

(Ord. No. 2297-90. Passed 11-5-90, eff. 11-9-90)

657.03 Notice of Storage Policy

Each motor vehicle repair garage shall give reasonable notice of its policy on storage charges. It shall be prima facie evidence of such notice if there is posted in a conspicuous place within the motor vehicle repair garage, a legible sign stating its storage charge policy; provided that no charge shall accrue or be due and payable for a period of forty-eight (48) hours (two business days) from the date of notification to a consumer that the repair of the consumer's motor vehicle has been completed.

(Ord. No. 2297-90. Passed 11-5-90, eff. 11-9-90)

657.04 Regulations Governing Motor Vehicle Repairs or Services

(a) In connection with a consumer transaction involving a motor vehicle repair or any service on a motor vehicle where the anticipated cost exceeds twenty five dollars ($25.00) and there has been face-to-face contact at the supplier's place of business during the hours such repairs or services are offered, between the consumer or his representative and the supplier or his representative, prior to the commencement of the repair, no supplier shall:

(1) Fail, at the time of initial face-to-face contact and prior to the commencement of any repair or service, to provide the consumer with a form which indicates the date, the identity of the supplier, the consumer's name and phone number, the reasonably-anticipated completion date, and, if the consumer chooses to be provided with a written estimate, the anticipated cost of the repair or service. The form shall also clearly and conspicuously contain a disclosure in substantially the following language:

ESTIMATE

You have the right to an estimate if the expected cost of repairs or services will be more than Twenty-Five Dollars

($25.00). Your bill will not be higher than the estimate by more than ten percent (10%) unless you approve a larger amount before repairs are finished. Initial your choice:

————— Written Estimate

————— Oral Estimate

————— No Estimate

(2) Fail to post a sign in a conspicuous place within that area of the supplier's place of business to which consumers requesting any repair or service are directed by the supplier or to give the consumer a separate form at the time of the initial face to face contact and prior to the commencement of any repair or service which clearly and conspicuously contains the following language:

NOTICE

IF THE EXPECTED COST OF A REPAIR OR SERVICE IS MORE THAN TWENTY-FIVE DOLLARS ($25.00), YOU HAVE

THE RIGHT TO RECEIVE A WRITTEN ESTIMATE OR ORAL ESTIMATE, OR YOU CAN CHOOSE TO RECEIVE NO

ESTIMATE BEFORE WE BEGIN WORK. YOUR BILL WILL NOT BE HIGHER THAN THE ESTIMATE BY MORE THAN

TEN PERCENT (10%) UNLESS YOU APPROVE A LARGER AMOUNT BEFORE REPAIRS ARE FINISHED. OHIO LAW

REQUIRES US TO GIVE YOU A FORM SO THAT YOU CAN CHOOSE EITHER A WRITTEN, ORAL, OR NO ESTIMATE.

(3) Fail, where a consumer requests a written estimate of the anticipated cost of repairs or services; to make a bona fide effort during the initial face to face contact to provide the written estimate on the form required by paragraph (A)(1) of this section;

(4) Fail, where a consumer requests a written or oral estimate, to give the estimate to the consumer before commencing the repair or service.

(b) In connection with a consumer transaction involving the performance of either repairs or any service upon a motor vehicle where there has not been face-to-face contact between the consumer or his representative and the supplier or his representative prior to the commencement of the repair or service, no supplier shall:

(1) Fail to make available to a consumer who makes a supplier-authorized delivery of a motor vehicle for repair or service at the supplier's place of business during non-business hours of the repair or service facility, a form in duplicate with instructions directing the consumer to retain a copy which indicates the identity of the supplier. The form shall contain disclosures in substantially the following language:

ESTIMATE

YOU HAVE THE RIGHT TO AN ESTIMATE OF THE COST OF REPAIRS OR SERVICES WHICH YOU ARE

REQUESTING. YOUR BILL WILL NOT BE HIGHER THAN THE ESTIMATE BY MORE THAN TEN PERCENT (10%)

UNLESS YOU APPROVE A LARGER AMOUNT BEFORE REPAIRS ARE FINISHED. YOU CAN CHOOSE THE KIND OF

ESTIMATE YOU WANT TO RECEIVE BY SIGNING YOUR NAME UNDER ONE OF THE FOLLOWING CHOICES AND

INDICATING A TELEPHONE NUMBER WHERE YOU CAN BE REACHED IF NECESSARY:

(a) Written Estimate

(Customer Signature)

(b) Oral Estimate


(c) No Estimate


Customer Name

Customer Telephone Number

Date

(2) Fail in all other instances, upon the first contact with the consumer, to inform the consumer of the right to receive a written or oral estimate of the anticipated cost of the repair or service;

(3) Fail, where the consumer requests an oral estimate, to give the oral estimate to the consumer before commencing the repair or service;

(4) Fail, where the consumer requests a written estimate, to prepare a written estimate, inform the consumer that the estimate is available and upon the consumer's request, give the estimate to the consumer before commencing the repair or service.

For purposes of this division, a supplier has not authorized delivery of a motor vehicle during non-business hours of the repair or service facility where there has not been communication of that fact to the general public by the supplier or his representative.

(5) The forms required by divisions (a) (1) and (b) (1) of this section may be separate or may be incorporated into another form used by the supplier so long as the required disclosures are easily legible and clearly and conspicuously appear on the form. Nothing in this division shall preclude a supplier from incorporating additional disclosures into the same form.

(6) The sign or form required by paragraph (a)(2) of this section shall be printed in such a size and manner so that the notice is easily legible. Additional disclosures required by this section may be incorporated into the sign or form so long as the language required by paragraph (a)(2) of this section prominently appears as the first listed disclosure. Where a supplier gives written estimates to consumers prior to the commencement of any repair or service regardless of the anticipated cost of repairs or services, the language in the form required by paragraph (a)(1) and the sign or form required by paragraph (a)(2) of this section may be modified to disclose that fact.

(c) In any consumer transaction involving the performance of any repair or service upon a motor vehicle, no supplier shall:

(1) Fail to disclose prior to acceptance of any motor vehicle for inspection, repair, or service, that, in the event the consumer authorizes commencement but does not authorize completion of a repair or service, charges will be imposed for disassembly, reassembly, and partially completed work. Any charge so imposed shall be directly related to the actual amount of labor or parts included in the inspection, repair, or service;

(2) Charge for any repair or service which has not been authorized by the consumer;

(3) Fail to disclose upon the first contact with the consumer that any charge not directly related to the actual performance of the repair or service will be imposed by the supplier whether or not repairs or services are performed;

(4) If the motor vehicle will be towed, fail to disclose upon first contact with a consumer the basis upon which a charge will be imposed for such towing;

(5) Charge a consumer an amount which exceeds the quoted estimate by more than ten percent (10%) without the consumer's approval prior to the completion of the repair;

(6) Materially understate or misstate the estimated cost of the repair;

(7) Fail to provide the consumer with an itemized list of repairs performed or services rendered, including a list of parts and materials, a statement of whether they are used, re-manufactured or rebuilt, if not new, the cost thereof to the consumer, the amount charged for labor, and the identity of the individual performing the repair or service;

(8) Fail to tender to the consumer any replaced parts, unless the parts are to be rebuilt or sold by the supplier or returned to the manufacturer in connection with warranted repair or services, and such intended reuse or return is made known to the consumer prior to commencing any repair or service;

(9) Fail, at the time of the signing or initialing of any document by a consumer, to provide the consumer with a copy of the document;

(10) Fail to disclose to the consumer prior to the commencement of any repair or service that any part of the repair or service will be performed by a person other than the supplier or his employees; the nature of the repair which any such person will perform and the identity of that person; and the existence of any warranties or the lack thereof on work performed by any such person;

(11) Fail to give the consumer written notification that delivery to the supplier of the parts required for the repair will be delayed for a period of ten (10) days or more;

(12) In the case of lengthy repairs, fail to obtain written consent from the consumer to possess said consumer's motor vehicle for a period in excess of thirty (30) calendar days.

(13) Fail, where an estimate has been requested by a consumer, to obtain oral or written authorization from the consumer for the anticipated cost of any additional, unforeseen, but necessary repairs or services when the cost of those repairs or services amounts to ten per cent or more (excluding tax) of the original estimate;

(14) Fail, where the anticipated cost of a repair or service is less than twenty-five dollars and an estimate has not been given to the consumer, to obtain oral or written authorization from the consumer for the anticipated cost of any additional, unforeseen, but necessary repairs or services when the total cost of the repairs or services, if performed, will exceed twenty-five dollars;

(15) Fail to provide to the consumer upon his request a written, itemized receipt for any motor vehicle or part thereof that is left with, or turned over to, the supplier for repair or service. Such receipt shall include:

A. The identity of the supplier which will perform the repair or service;

B. The name and signature of the supplier or a representative who actually accepts the motor vehicle or any part thereof;

C. A description including make and model number or such other features as will reasonably identify the motor vehicle or any part thereof to be repaired or serviced;

D. The date on which the motor vehicle or any part thereof was left with or turned over to the supplier.

(d) In any consumer transaction involving the performance of any repair upon a motor vehicle, no supplier shall:

(1) Condition the performance of any repair or service upon a consumer's waiver of any rights provided for in this chapter or require the consumer to give any additional security beyond the mechanic's lien authorized by common law;

(2) Represent that repairs or services are necessary when such is not the fact;

(3) Represent that repairs have been made or services have been performed when such is not the fact;

(4) Represent that a motor vehicle or any part thereof which is being inspected or diagnosed for a repair or service is in a dangerous condition or that the consumer's continued use of it may be harmful, when such is not the fact.

(e) In lieu of complying with the requirements of paragraphs (a)(1) and (b)(1) to (b)(4) of this section, a supplier may provide a consumer, prior to the commencement of any repair or service, with a written quotation of the price at which the repair or service will be performed, which shall indicate that the quotation shall be binding upon the supplier for a period of five days, provided that the subject of the consumer transaction is made available to the supplier for the repair or service within that period.

(Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)

657.05 Registration of Motor Vehicle Repair Persons; Fee; Renewal

(a) No motor vehicle repair person shall perform repairs without registering with the Director pursuant to this section.

(b) Every motor vehicle repair person desiring to perform repairs within the City shall apply to the Director for a certificate of registration on forms prescribed by the Director. The forms shall include:

(1) The name, address, phone number, birth date, and social security number of the motor vehicle repair person;

(2) The principal occupation and place of business of the motor vehicle repair person for the five (5) years immediately before the date of the application;

(3) The name of the repair facility where the motor vehicle repair person is employed; and

(4) Any other related information as the Director requires.

(c) The annual registration fee for a motor vehicle repair person shall be twenty dollars ($20.00). On receipt of a completed application and the annual fee, the Director shall issue a certificate of registration which, regardless of the date of issuance, shall cover the period of July 1 to June 30.

(d) The certificate of registration issued under this section shall be permanently and conspicuously displayed at the location where the motor vehicle repair person performs repairs.

(Ord. No. 2393-02. Passed 2-3-03, eff. 2-3-03)

657.99 Penalty





Chapter 659 — Predatory Lending



(a) "Affiliate" means any entity that controls, is controlled by, or is under common control with another entity, as the term

"control" is defined under the Bank Holding Company Act, 12 U.S.C. §§ 1841 - 1849, including any successors in interest or alter egos.

(b) "Annual percentage rate" means the annual percentage rate for the loan calculated according to the provisions of the federal Truth in Lending Act (15 U.S.C. § 1601 et seq.), and the regulations promulgated thereunder by the Federal Reserve

Board (as said Act and regulations are amended from time to time).

(c) "Business Entity" means any individual, domestic corporation, foreign corporation, association, syndicate, joint stock company, partnership, joint venture, or unincorporated association, including any parent company, subsidiary, exclusive distributor or company affiliated therewith, engaged in a business or commercial enterprise.

(d) "City" means the City of Cleveland, its departments, boards and commissions.

(e) "Points and Fees" means:

(1) All items required to be disclosed under sections 226.4(a) and 226.4(b) of Title 12 of the Code of Federal Regulations, as amended from time to time, except the interest rate or time-price differential;

(2) Subject to the exclusions provided in this section, all charges for items listed under section 226.4(c)(7) of Title 12 of the

Code of Federal Regulations, as amended from time to time, but only if the lender receives direct or indirect compensation in connection with the charge or the charge is paid to an affiliate of the lender; otherwise the charges are not included within the meaning of the phrase "points and fees"; and

(3) All compensation paid directly or indirectly to a mortgage broker, including a broker that originates a loan in its own name in a tablefunded transaction, not otherwise included in divisions (1) or (2) of this section.

"Points and fees" shall not include any charges or fees excluded by paragraphs (c) through (e) of Regulation Z of the Truth in Lending Act, section 226.4 of Title 12 of the Code of Federal Regulations; however, notwithstanding the foregoing, any fees for preparing loan-related documents, such as deeds, mortgages, and reconveyance or settlement documents shall be included in the definition of "points and fees".

(f) "Predatory loan" means a loan that is secured by owner-occupied residential real property located within the City of

Cleveland on which there is situated a dwelling for not more than four families, a condominium unit, or a cooperative unit, if:

(1) at any time over the life of the loan for a fixed interest rate loan, or at the time a loan is consummated for a variable interest rate loan, the annual percentage rate of the loan equals or exceeds by more than four and one half (4 1/2) percentage points but less than or equal to eight (8) percentage points in the case of a mortgage that is a first lien when it is made, or equals or exceeds by more than six and one half (6 1/2) percentage points but less than or equal to ten (10) percentage points in the case of a mortgage that is junior when it is made, the yield on Treasury securities having comparable periods of maturity to the loan maturity as of the fifteenth day of the month immediately preceding the month in which the application for the extension of credit is received by the creditor; and

(2) that was made under circumstances that involve any of the following acts or practices or that contains any of the following loan terms:

A. "Loan Flipping". "Flipping" a loan means the refinancing of an existing loan secured by owner-occupied residential real estate in the City of Cleveland on which there is situated a dwelling for not more than four families, a condominium unit, or a cooperative unit when: i. More than 50% of the prior debt refinanced bears a lower interest rate than the new loan unless the lender has received notice from a counselor employed by a housing counseling agency approved by the Department of Housing and Urban

Development, that the borrower has received counseling describing the loan transaction and its impact on the borrower; ii. The borrower's payment of prepaid finance charges and closing costs reduces the interest rate but it will take more than five (5) years for the borrower to recoup the transactions costs; or iii. A mortgage is refinanced that originated, or was subsidized or guaranteed by or through a state, tribal or local government, or nonprofit organization, which bears either a below-market interest rate, or has nonstandard payment terms beneficial to the borrower, such as payments that vary with income, are limited to a percentage of income, or where no payments are required under specified conditions, and where, as a result of the refinancing, the borrower will lose one or more of the benefits of the mortgage, unless the borrower has received counseling from a certified housing counseling agency regarding such refinancing and the borrower and current holder of the loan consent in writing to the refinancing.

B. "Balloon Payments". A loan that contains a scheduled payment that is more than twice as large as the average of earlier scheduled payments or which contains a provision that gives the lender, in its sole discretion, the right to accelerate the indebtedness in the absence of the default of the borrower. The term "balloon payment" shall not apply to (i) any loan with a maturity of one year or less, if the purpose of the loan is a "bridge" loan connected with the acquisition or construction of a dwelling intended to become the consumer's principal dwelling, or (ii) a home equity line of credit secured by the borrower's primary dwelling.

C. "Negative Amortization". Terms under which the outstanding principal balance will increase at any time over the course of the loan because the regular periodic payments do not cover the full amount of interest due.

D. "Points and Fees". The financing of points and fees in excess of four (4) percentage points of the total loan amount if the loan amount is $16,000 or greater, or $800 if the loan amount is less than $16,000.

E. "Increased Interest Rate". A loan that provides for an interest rate applicable after default that is higher than the interest rate that applies before default.

F. "Advance Payments". A loan which includes terms under which more than two periodic payments required under the loan are consolidated and paid in advance from the loan proceeds provided to the borrower.

G. "Mandatory Arbitration". A loan which contains a mandatory arbitration clause that limits in any way the right of the borrower to seek relief through a court of law or equity.

H. "Prepayment Penalties". A loan under which a borrower must pay a prepayment penalty for paying all or part of the principal before the date on which the principal is due. Any method of computing a refund of unearned scheduled interest is a prepayment penalty if it is less favorable to the consumer than the actuarial method, as "actuarial method" is defined in division (A) of Section 1349.25 of the Revised Code. The term "prepayment penalties" shall not include prepayment penalties imposed in accordance with the Home Ownership and Equity Protection Act of 1994, 15 U.S.C.A. 1639(c)(2), as amended, and the regulations adopted thereunder by the federal reserve board, as amended.

I. "Financing of Credit Insurance". The financing of single premium credit life, credit disability, credit unemployment, or any other life or health insurance, directly or indirectly, into one or more loans.

J. "Lending Without Home Loan Counseling". Except in conformity with the provisions of division (b)(1)(B) of Section

659.02, failing to receive notice from a counselor employed by a housing counseling agency approved by the Department of Housing and Urban Development that the borrower has received counseling describing of the loan transaction and its impact on the borrower based upon the information provided by borrower and lender to the counselor at the time counseling is provided to the borrower.

K. "Lending Without Due Regard to Repayment". Except in conformity with the provisions of division (b)(1)(B) of Section

659.02, making, issuing or originating a loan without reasonable belief at the time the loan is consummated that the borrower or borrowers (when considered collectively in the case of multiple borrowers) will be able to make the scheduled payments to repay the obligation based upon a consideration of their current and expected income, current obligations, employment status, and other financial resources (other than the borrower's equity in the dwelling which secures repayment of the loan). A borrower shall be presumed to be able to make the scheduled payments to repay the obligation if, at the time the loan is consummated, or at the time of the first rate adjustment in the case of a lower introductory interest rate (i) the borrower's scheduled monthly payments on the loan (including principal, interest, taxes, insurance and assessments), combined with the scheduled payments for all other debt, do not exceed 50% of the borrower's documented and verified monthly gross income, and (ii) provided that the borrower has sufficient "residual income" as defined in the guidelines established in 38 C.F.R. § 36.4337(e) and VA form 26-6393 to pay essential monthly expenses after paying the scheduled payments and any additional debt.

L. The payment by a lender to a contractor on a home improvement contract from the proceeds of a loan, other than: i. by an instrument payable to the borrower or borrowers; ii. by an instrument payable jointly to the borrower and the contractor, provided however that no more than 30% of the total proceeds of the loan shall be disbursed to the contractor at the time of closing; or iii. at the election of the borrower, by a third party escrow agent in accordance with terms established in a written agreement signed by the borrower, the lender and the contractor before the date of payment. However, "predatory loan" shall not include a loan that is made primarily for a business purpose unrelated to the residential real property securing the loan.

For purposes of division (f)(1) of this Section, if the terms of the home loan include an initial or introductory period, and the annual percentage rate is less than that which will apply after the end of such initial or introductory period, then the annual percentage rate that shall be taken into account for purposes of this Section shall be the first annual percentage rate adjustment that is calculated and disclosed in conformance with the provisions of division (b) of Section 659.01 for the period after the initial or introductory period.

(g) "Home Improvement Contractor" means any person who engages in the business of making home improvements, and who undertakes or offers to undertake or agrees to perform any home improvement, whether or not such person is registered, or subject to the licensing and registration requirements of Chapter 3107 of the Codified Ordinances of the City of Cleveland, and whether or not such person is a general contractor.

(Ord. No. 45-03. Passed 1-13-03, eff. 1-15-03)

659.02 Predatory Lending Practices Prohibited

(a) Prohibited Conduct.

Subject to the limitations of division (b) of this section:

(1) Issuing Predatory Loans. No person or business entity shall make, issue, or arrange a predatory loan, or assist others in doing so. A person who, when acting in good faith, falls to comply with this division will not be deemed to have violated this division if the person establishes that the compliance failure was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid such errors, and within 60 days after the discovery of the compliance failure and prior to the institution of any action under this Chapter or the receipt of written notice of compliance failure, the borrower is notified of the compliance failure, appropriate restitution is made, and whatever adjustments are necessary are made to the loan to either, at the choice of the borrower, (i) make the predatory loan satisfy the requirements of this Chapter, or (ii) change the terms of the loan in a manner beneficial to the borrower so that the loan will no longer be considered a predatory loan subject to the provisions of this Chapter. Examples of a bona fide error include clerical, calculation, computer malfunction and programming, and printing errors. An error of legal judgment with respect to a person's obligations under this Chapter is not a bona fide error.

(2) Lending Without Home Loan Counseling. No person or business entity shall make, issue or arrange, or assist others in making, issuing or arranging, any loan that is secured by owner-occupied residential real property located within the City of Cleveland on which there is situated a dwelling for not more than four families, a condominium unit, or a cooperative unit in which either:

A. the annual percentage rate at consummation will exceed by more than eight (8) percentage points for first lien loans, or by more than ten (10) percentage points for subordinate-lien loans, the yield on Treasury securities having comparable periods of maturity to the loan maturity as of the fifteenth day of the month immediately preceding the month in which the application for the extension of credit is received by the creditor; or

B. the total points and fees payable by the consumer at or before loan closing will exceed the greater of eight (8) percent of the total loan amount, or $400; the $400 figure shall be adjusted annually on January 1 by the annual percentage rate change in the consumer price index that was reported on the preceding June 1, unless that person or business entity first receives notice from a counselor employed by a housing counseling agency approved by the Department of Housing and

Urban Development that the borrower has received counseling describing the loan transaction and its impact on the borrower based upon the information provided by borrower and lender to the counselor at the time counseling is provided to the borrower.

(3) Payments to Home Improvement Contractors. A home improvement contractor may not receive directly and solely from the lender, the proceeds of a loan that is secured by owner-occupied residential real property located within the City of Cleveland on which there is situated a dwelling for not more than four families, a condominium unit, or a cooperative unit in which, at any time over the life of the loan for a fixed interest rate loan, or at the time a loan is consummated for a variable interest rate loan, the annual percentage rate of the loan equals or exceeds by more than four and one half (4 1/2) percentage points in the case of a mortgage that is a first lien when it is made, or equals or exceeds by more than six and one half (6 1/2) percentage points in the case of a mortgage that is junior when it is made, the yield on Treasury securities having comparable periods of maturity to the loan maturity as of the fifteenth day of the month immediately preceding the month in which the application for the extension of credit is received by the creditor.

(4) Incorporating Governmental Financial Assistance Funds. All persons shall be barred from promoting, utilizing, packaging, or in any other way incorporating funds from any of the programs administered by the City in combination with any predatory loan. Any contract, lease, grant or other agreement entered into by the City with any person or business entity shall contain a provision requiring that the person or business entity, in the administration of governmental housing assistance funds, abide by the provisions of this division as though its administration of such funds was directly subject to the provisions of this division.

(b) Activities of Certain Financial Institutions Exempted.

(1) Division (a) of this section is not applicable in the following circumstances:

A. With respect to a lender duly licensed as may be required under State law, solely because of the presence of a loan provision described in divisions (f)(2)(B), (C) or (H) of Section 659.01, provided that such provision(s) are made in conformity with the requirements of federal law pursuant to the Alternative Mortgage Transaction Parity Act, 12 U.S.C. §

3803 and provided that any such loan is not otherwise predatory as defined in division (f) of Section 659.01; or

B. In the case of a loan made pursuant to the Ohio's Mortgage Loan Act, R.C. § 1321.51 et seq., solely because the loan contains any provision authorized by such act, provided that any such loan is not otherwise predatory as defined in division (f) of Section 659.01.

(2) Divisions (a)(1) and (a)(2) of this section are not applicable with respect to a State chartered bank, bank and trust company, savings bank, private bank, national bank, or a State or federally chartered savings and loan association, a federally chartered savings bank, a State or federally chartered credit union.

(3) This section shall apply to affiliates of the entities enumerated in division (b)(2) of this section, except insofar as such affiliates are themselves one of those financial institutions.

(Ord. No. 45-03. Passed 1-13-03, eff. 1-15-03)

659.03 Notice to Customers of Home Improvement Loans

(a) No person or business entity that knowingly funds a home improvement loan under the circumstances described in this section shall fail to furnish the notice described in this section. At least three (3) business days prior to closing, every lender who knowingly funds a home improvement loan shall furnish a notice along with any home improvement loan for

any work to be performed on owner-occupied residential real estate located within the City of Cleveland on which there is situated a dwelling for not more than four families, a condominium unit, or a cooperative unit and which loan is secured by that real estate, shall furnish a notice to the borrower. That notice shall be furnished as a separate document, printed in

16 point font, with the signature line at the top of the page, and shall be in substantially the same form as the following, as may be amended from time to time by the Department of Consumer Affairs:

IMPORTANT NOTICE TO CUSTOMERS OF HOME IMPROVEMENT CONTRACTORS

I received this notice on this date:

———————————————(date)

———————————————signature of home owner(s)

If you need a loan to pay for home improvements:

BE CAREFUL. A lender will probably want to take a mortgage on your house.

You should not borrow more than you can afford or more than you need. The loan you are being offered may be a predatory loan. You may be eligible for a different loan which charges significantly less interest or fees. Be very cautious about consolidating your debt with a home mortgage. Beware that if you default on this loan you could lose your house! In certain cases, it is now the law in Cleveland that before you sign a home loan you must receive housing counseling assistance.

For the name, address and phone number of a housing counseling or legal services agency in your neighborhood, turn this notice over to see the list of agencies printed on the reverse side.

(b) For purposes of division (a) of this section, a "home improvement loan" shall not include a loan commonly known as a

"home equity line of credit".

(Ord. No. 45-03. Passed 1-13-03, eff. 1-15-03)

Note: Affected institutions and City departments shall have 60 days from the effective date of this ordinance to comply

with Sections 659.03 and 659.04.

659.04 Certification of Compliance to be Recorded

No lender or, if applicable, mortgage broker, shall fail to submit the certification of compliance to the Cuyahoga County

Recorder's Office as described in this section. At the time of recording a mortgage on owner-occupied residential real property located in the City of Cleveland on which there is situated a dwelling for not more than four families, a condominium unit, or a cooperative unit, and which mortgage secures a loan where the annual percentage rate of the loan equals or exceeds by more than four and one half (4 1/2) percentage points in the case of a mortgage that is a first lien when it is made, or equals or exceeds by more than six and one half (6 1/2) percentage points in the case of a mortgage that is junior when it is made, the yield on Treasury securities having comparable periods of maturity to the loan maturity as of the fifteenth day of the month immediately preceding the month in which the application of the extension of credit is received by the creditor, the lender and, if applicable the mortgage broker, shall submit a certification of compliance to the

Cuyahoga County Recorder's Office for recording along with the mortgage instrument and deed. It is not necessary to record a certificate of compliance for a loan that is made primarily for a business purpose unrelated to the residential real property securing the loan. The certification of compliance shall be substantially in the following form and shall comply with any formatting requirements promulgated from time to time by the Cuyahoga County Recorder's Office.

CERTIFICATION

The undersigned lender and mortgage broker certify, that to the best of our knowledge, information and belief, the attached mortgage, described below, entered into between ————————————————————————————————

————————

(name of lender) and ————————————————————————————————————————

(name of borrower) on ————————————————————————————————————————

(date of execution) for the property located at ———————————————————————————————————————

—

————————————————————————————————————————

(street address of property) contains the following characteristics and terms:

/sp 3./Type of mortgage:

Purchase Money/sp 1./ Non-purchase Money

/sp 3.5/(circle one)

First Mortgage/sp 1./ Junior Mortgage

/sp 3.5/(circle one) a. The annual percentage rate of the loan at closing is ———————————————————————————————————

—————

———————————————————————————————————————— b. The applicable Treasury Rate (i.e., the yield on Treasury securities having comparable periods of maturity to the loan maturity as of the fifteenth day of the month immediately preceding the month in which the application for the extension of credit is received by the creditor) is ———————————————————————————————————————— c. The total loan amount is ————————————————————————————————————————

———————————————————————————————————————— d. The total amount of points and fees (as defined in division (e) of Section 659.01) is ———————————————————

————————————————————— e. The percentage of points and fees (calculated according to the equation d/ (c-d) x 100) financed is ———————————

—————————————————————————————

———————————————————————————————————————— f. The borrower has or has not (circle one) received housing counseling. A notice of housing counseling is or is not (circle one) attached to this certification. g. The mortgage does or does not (circle one) violate any provisions of Chapter 659 of the Codified Ordinances of the City of Cleveland, 1976.

Date: ——————————

——————————————— Mortgage Lender

——————————————— Name and Title of Officer

——————————————— Address

——————————————— Telephone Number

OR

——————————————— Mortgage Broker

——————————————— Name and Title of Officer

——————————————— Address

——————————————— Telephone Number

——————————————— State of Ohio Registration No.

I, [lender], have filled out each blank space of this document and have given it to the customer and it is true and accurate.

Signed: ——————————————— Date: ——————————

I, [mortgage broker], have filled out each blank space of this document and have given it to the customer and it is true and accurate.

Signed: ——————————————— Date: ——————————

I, [borrower], have received and reviewed with the contractor a copy of this document.

Signed: ——————————————— Date: ——————————

(Ord. No. 45-03. Passed 1-13-03, eff. 1-15-03)

Note: Affected institutions and City departments shall have 60 days from the effective date of this ordinance to comply

with Sections 659.03 and 659.04.


The Director of Consumer Affairs is hereby charged with the enforcement of this Chapter. The Director shall promulgate such rules, regulations and procedures as he or she may deem necessary to aid in the administration and enforcement of the provisions of this Chapter. For the purpose of enforcement of the provisions of this Chapter, the Director shall maintain a listing of those business entitles that have been determined to make predatory loans under this Chapter and shall regularly distribute this listing to all City departments. This listing shall also be made available to the public free of charge by request of the Department of Consumer Affairs. The Director shall also maintain a list of HUD-certified housing counseling agencies and shall make such list available upon request. The Director of the Department of Consumer Affairs may make findings with respect to predatory loans and lenders who make such loans based on recommendations made by a Consumer Advisory Council.

(Ord. No. 737-02. Passed 4-22-02, eff. 4-25-02)

659.06 Severability

If any clause, sentence, paragraph or part of this Chapter, or the application thereof 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 thereof and to the persons or circumstances directly involved in the controversy in which such judgment shall have been rendered. It is hereby 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. 737-02. Passed 4-22-02, eff. 4-25-02)

659.99 Penalties

(a) Whoever violates Section 659.02 is guilty of a misdemeanor of the first degree. Each day in which a borrower is assessed with interest on the principal loan amount of a predatory loan shall constitute a separate offense.

(b) Whoever violates Section 659.03 or Section 659.04 is guilty of a misdemeanor of the fourth degree.

(c)(1) No person or business entity shall be awarded a contract with the City if the person or business entity or any of its affiliates makes predatory loans or violates Section 1349.27 of the Revised Code. Every contract with the City shall contain a provision requiring that the person or business entity with which the City is contracting must certify that neither the person or business entity nor any of its affiliates has made predatory loans or has violated Section 1349.27 of the Revised

Code. Nothing in this section shall affect the validity of any contract entered into in connection with any debt obligations issued by or on behalf of the City, regardless of whether the contract was awarded in compliance with this section. Any other contract awarded in violation of this section shall be voidable at the option of the City.

(2) The Finance Director may suspend the ineligibility of a person or business entity in order to allow execution of a contract with the person or entity upon written application by the head of the City department affected by the proposed contract, setting forth facts sufficient in the judgment of the Finance Director to establish:

A. that the public health, safety or welfare of the City requires the goods or services of the person or business entity; and

B. that the City is unable to acquire the goods or services at comparable price and quality, and in sufficient quantity from another source or other sources.

(Ord. No. 737-02. Passed 4-22-02, eff. 4-25-02)


Title V — Discrimination

Chapter 661 — Unfair Labor Practices



Employment of strike breakers, CO 605.15

Prohibited use of mounted police in a labor dispute, CO 605.16

Unfair employment practices prohibited, CO 663.02



(a) "Person" means one or more individuals, labor organizations, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy or receivers. In determining whether any person is acting as an agent of another person so as to make such other person responsible for his acts, the question of whether the specific acts performed were actually authorized or subsequently ratified shall not be controlling.

(b) "Employer" means any person acting as an agent of an employer, directly or indirectly, but shall not include the United

States, or any wholly owned government corporation, or any Federal Reserve Bank, or any employer whose activity or business affects commerce within the scope and meaning of the National Labor Relations Act of the United States, as amended, 29 U.S.C. Secs. 151 et seq. and over which the National Labor Relations Board has not declined to assert jurisdiction in accord with Section 14 of the National Labor Relations Act, or the State or any political subdivision thereof, or any person subject to the Railway Labor Act, 45 U.S.C. Secs. 151 et seq., or any labor organization, other than when acting as an employer, or anyone acting in the capacity of officer or agent of such labor organization, or any employer with less than twenty-five employees.

(c) "Employee" means any employee and any individual whose work has ceased as a consequence of, or in connection with, any current labor dispute or because of any unfair practice as defined herein, but shall not include any individual employed by his parent or spouse, whether through corporate control or otherwise, or any individual having the status of an independent contractor, or any individual employed as a supervisor, or by any other person who is not an employer as herein defined.

(d) "Representatives" means any individual or labor organization.

(e) "Labor organization" means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment or conditions of work.

(f) "Unfair practice" means the following:

(1) Any act or conduct by an employer, or labor organization, which may interfere with, restrain or coerce employees in the exercise of their rights to self-organization, to form, join or assist labor organizations, to bargain collectively through representatives of their own choosing, or to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, or to refrain from any or all of such activities except to the extent that such rights may be

affected by an agreement requiring membership in, or payment of an amount equal to dues and initiation fees to a labor organization as a condition of employment;

(2) Any act or conduct by an employer which may dominate or interfere with the formation or administration of any labor organization or contribute financial or other support to it, except that an employer shall not be prohibited from permitting employees to confer with him during working hours without loss of time or pay;

(3) Any act or conduct by an employer or a labor organization which may cause discrimination in regard to hire or tenure of employment or any term or condition of employment to encourage or discourage membership in any labor organization, except that nothing herein shall preclude an employer from making an agreement with a labor organization, not established, maintained or assisted by any action defined in subsection (f)(2) hereof as an unfair practice, to require as a condition of employment membership therein, or payment of an amount equal to dues and initiation fees to such labor organization if such labor organization is the representative of the employees of the employer, provided that no employer shall justify any discrimination against an employee for nonmembership in a labor organization if he has reasonable grounds for believing that such membership was not available to the employee on the same terms and conditions generally applicable to other members, or if he has reasonable grounds for believing that membership was denied or terminated for reasons other than the failure of the employee to tender the periodic dues and the initiation fees uniformly required as a condition of acquiring or retaining membership;

(4) Any act or conduct by an employer or labor organization to cause or tend to cause any discrimination against any employee because of testimony or any other activity in connection with any proceeding brought pursuant to this chapter;

(5) Any act or conduct by an employer or labor organization to refuse to bargain collectively as hereinafter defined, which includes, among other things, the performance of the mutual obligation of the employer and the representative of the employees to meet at reasonable times and confer in good faith with respect to wages, hours and other terms and conditions of employment, or the negotiation of an agreement, or any question arising thereunder, and the execution of a written contract incorporating any agreement reached if requested by either party, but such obligation does not compel either party to agree to a proposal or require the making of a concession.

(g) "Appropriate unit" means any group of, or combination of, employees with mutuality of interests in wages, hours and working conditions where the employees may be assured of the fullest freedom in exercising the rights guaranteed under this chapter, and including the only employee of an employer when such single employee unites or makes common cause with employees of other employers covered by this chapter.

(h) "Labor dispute" means any controversy including terms, tenure or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing or seeking to arrange terms or conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee.

(i) "Supervisor" means any individual having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline other employees, or responsibility to direct them, or to adjust their grievance, or effectively to recommend such action, if in connection with the aforegoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.

(Ord. No. 119-68. Passed 6-9-69, eff. 6-9-69)

661.02 Employers to Recognize Labor Organization as Representative of Employees

(a) Whenever a labor organization notifies an employer or employers it represents a majority of the employees in an appropriate unit, and demands recognition as the exclusive representative of such employees for the purpose of collective bargaining, and when such labor organization does in fact represent such a majority, the employer shall recognize the

labor organization as the exclusive representative of such employees and commence collective bargaining forthwith. Any failure or refusal of the employer to recognize any majority representative of the employees involved shall entitle the labor organization to seek such enforcement as may be provided in law, including, but not limited to, an action for an injunction in the Municipal Court.

(b) Whenever a labor organization has notified an employer that it represented a majority of the employees in an appropriate unit, and in fact did represent a majority of such employees, and has demanded recognition as the exclusive representative of such employees, and the commencement of collective bargaining, and whenever such employer has failed or refused to recognize and bargain with such labor organization after such timely demand, and when such labor organization continues to represent sufficient of the employees to have constituted a majority at the time of the initial demand, and whenever such failure or refusal of an employer to recognize and bargain has continued to cause a labor dispute detrimental to the safety, peace or welfare of the people of the City, such employer shall, upon a continued demand of such labor organization for recognition and bargaining, forthwith recognize such labor organization as the exclusive representative of its employees and commence bargaining. Any failure or refusal by an employer to comply with this provision shall be enforceable by an action for an injunction as set forth in subsection (a) hereof.

(Ord. No. 119-68. Passed 6-9-69, eff. 6-9-69)

661.03 Court Action to Restrain Unfair Practices

No employer or labor organization shall commit an unfair practice as defined in this chapter. Any aggrieved labor organization, employer, employee or other person may bring an action in the Municipal Court to restrain and enjoin the violation or continued violation of this section.

(Ord. No. 119-68. Passed 6-9-69, eff. 6-9-69)

661.04 Mandatory Provisions in Labor Contracts

Any contract of employment, written or oral, express or implied, between any employer subject to this chapter and any employee, shall contain a provision from June 9, 1969, prohibiting and forbidding the commission of any unfair practice as defined in this chapter. Suits for any breach of such terms and conditions of any contract of employment, written or oral, express or implied, may be brought in the Municipal Court for an injunction or damages, or both, within the limits of the statutory jurisdiction of the Court.

(Ord. No. 119-68. Passed 6-9-69, eff. 6-9-69)

661.05 Exemption from Provisions

None of the provisions of this chapter shall apply to any employer of twenty-five persons or less.

(Ord. No. 119-68. Passed 6-9-69, eff. 6-9-69)


Chapter 663 — Fair Employment Practices



Unlawful discriminatory practices, RC 4112.02

Unfair labor practice defined, CO 661.01



(a) “Discriminate,” “discriminates” or “discrimination” means discrimination solely on the grounds or because of race, religion, color, sex, sexual orientation, gender identity or expression, national origin, age, disability, ethnic group or

Vietnam-era or disabled veteran status.

(b) “Employee” means all persons except those engaged in domestic service, personal service or an employee of an organized religious congregation or an employee of an organization or institution limited to members of a single religious faith.

(c) “Employer” means a person, one or more individuals, a partnership, association or corporation hiring employees unless exemption is provided in Section 663.04.

(d) “Labor organization” means any organization which exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employees concerning grievances, terms of conditions of employment, or of mutual aid or protection in connection with employment.

(e) “Employment agency” means any person, company, partnership, association, or corporation, which undertakes with or without compensation, to procure opportunities to work, or to procure, recruit, refer or place employees.

(f) “Sexual orientation” means a person's actual or perceived homosexuality, bisexuality or heterosexuality, by orientation or practice.

(g) “Gender Identity or Expression” means the gender-related identity, external presentation of gender identity through appearance, or mannerism or other gender-related characteristics of an individual, regardless of the individual's designated sex at birth.

(Ord. No. 1260-08. Passed 11-30-09, eff. 12-3-09)

663.02 Prohibitions

No employers, employees, labor unions, employment agencies or others subject to this chapter shall:

(a) Discriminate against any person with regard to hire, discharge, tenure, upgrading, terms or conditions of employment or union membership solely on grounds of race, religion, color, sex, sexual orientation, gender identity or expression, national origin, age, disability, ethnic group or Vietnam-era or disabled veteran status.

(b) Publish or cause to be published any notice or advertisement relating to employment or membership which contains any specification or limitation as to race, religion, color, sex, sexual orientation, gender identity or expression, national origin, age, disability, ethnic group or Vietnam-era or disabled veteran status.

(c) Require of any applicant as a condition of employment or membership any information concerning the applicant's race, religion, color, sex, sexual orientation, gender identity or expression, national origin, age, disability, ethnic group or

Vietnam-era or disabled veteran status.

(d) Aid, abet, encourage or incite the commission of any discrimination in employment practice prohibited by this chapter.

(Ord. No. 1260-08. Passed 11-30-09, eff. 12-3-09)

663.03 Discrimination in City Employment Practices

The City shall prohibit all of the discriminatory practices set forth in Section 663.02 in all of its departments, divisions, boards and commissions, or the commission of discriminatory practices by any City officials, their agents or employees acting for or on behalf of the City.

(Ord. No. 1183-69. Passed 12-15-69, eff. 12-15-69)

663.04 Exemptions from Provisions

Exemptions from the requirements of this chapter shall be:

(a) Any employer of less than four persons; nor shall members of the immediate family of an employer be included in determining the number of employees.

(b) Any religious organization or institute whose membership or service is limited to persons of a single religious faith.

(c) Any institution organized for educational purposes that is operated, supervised, or controlled by such a religious association, corporation, or society.

(d) Any private organization having a purely social or fraternal purpose.

(e) Any type of employment where religion, religious creed or nationality would usually and normally be considered an essential qualification of employment.

(f) Nothing in this section shall be construed to establish an unlawful employment practice based on actual or perceived gender identity or expression due to the denial of access to bathrooms, showers, locker rooms or dressing facilities, provided that the employer provides reasonable access to adequate facilities that are not inconsistent with an employee's gender identity or expression as established with the employer at the time of initial employment or upon notification to the employer that the employee has undergone or is undergoing gender transition, whichever is later.

(g) Nothing in this section shall be construed to require the modification of existing facilities or the construction of new or additional facilities.

(Ord. No. 1260-08. Passed 11-30-09, eff. 12-3-09)

663.05 Administration

The administration of this chapter shall be the responsibility of the Community Relations Board, which Board shall cooperate with the Office of Equal Opportunity in those instances where the two entities have concurrent duties.

In addition to any powers heretofore conferred on this Board, the Board shall have power to:

(a) Make technical studies and prepare and disseminate educational materials relating to discrimination and ways and means of reducing and eliminating it in areas other than employment;

(b) Make specific and detailed recommendations to the interested parties as to the method of eliminating discrimination in areas other than employment;

(c) By March 1 of each year, or more often if so requested, render to Council and the Mayor a report of its activities;

(d) Adopt such reasonable rules and procedures as are necessary to effect the broad purposes of this chapter.

(Ord. No. 1065-B-82. Passed 3-7-83, eff. 4-16-83)

663.06 Compliance, Public Hearing and Enforcement

(a) In the consideration of a complaint, the Community Relations Board shall determine the facts, and if there appears to be probable cause for the complaint, the Board shall use its offices to attempt an adjustment by education, persuasion, conciliation and conference. A reasonable time shall be allowed for this purpose.

(b) If, in the opinion of a majority of the members of the Board, the efforts to settle any complaint initiated by its own investigations or brought to the attention of the Board by an outside agency or individual, by education, persuasion, conciliation and conference have not adjusted the specific complaint, the Board may certify the complaint to the Mayor, who shall make further effort to adjust the complaint. If the Mayor is unable to adjust the complaint to the satisfaction of the Board, within thirty days of the receipt thereof, the Board shall cause a public hearing to be held. A notice of the particulars of the complaint shall be sent to the respondent by registered mail not less than ten days prior to the day set for the hearing. The hearing shall be held before the Board.

(c) The respondent shall have the right to file an answer to the complaint and appear at such hearing to testify in his own behalf, or be represented by counsel or otherwise, and to examine and cross-examine witnesses.

If upon all the testimony taken, the Board by a majority vote of the members thereof determines that the respondent committed the discriminatory practice set forth in the complaint, the Board shall issue an order directing the respondent to cease such discriminatory employment practice so found to be engaged in. The Board shall have the power to require proof of compliance.

(d) In the event the respondent fails or refuses to comply with the order of the Board, the fact of refusal, together with the verified complaint and the record of the proceedings of the public hearing shall be certified to the Director of Law for prosecution. No prosecution under this chapter shall be brought except after certification to the Director.

(Ord. No. 1333-64. Passed 5-17-65, eff. 5-20-65)

663.99 Penalty

Whoever violates any provision of this chapter shall be fined not more than one thousand dollars ($1,000) and imprisoned for not more than thirty days.

(Ord. No. 1333-64. Passed 5-17-65, eff. 5-20-65)


Chapter 665 — Fair Housing



Civil Right, RC Ch 4112

665.01 Purpose

It is hereby declared to be the purpose of this chapter to provide, within constitutional limitations, fair housing throughout the City of Cleveland (hereinafter, the City), to assure that all persons have full and equal opportunity to consider all available housing for themselves and their families within the City without discrimination based on race, religion, color, sex, sexual orientation, gender identity or expression, national origin, age, disability, ethnic group, Vietnam-era or

disabled veteran status, familial status, marital status or ancestry, and to promote a stable, racially integrated community.

(Ord. No. 1260-08. Passed 11-30-09, eff. 12-3-09)


As used in this Chapter:

(a) “Aggrieved person” includes any person who:

(1) claims to have been injured by a discriminatory housing practice; or

(2) believes that such person will be injured by a discriminatory housing practice that is about to occur.

(b) “Covered multi-family dwellings” means buildings consisting of four or more units, if such buildings have one or more elevators, and ground floor units in other buildings consisting of four or more units.

(c) “Disability”

(1) means, with respect to a person:

A. a physical or mental impairment that substantially limits one or more major life activities, including the functions of caring for one's self such as: performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and/or working;

B. a record of a physical or mental impairment;

C. being regarded as having a physical or mental impairment; or

D. any person associated with that person, and any person residing or intending to reside with that person.

(2) does not include current, illegal use of, or addiction to, a controlled substance, as defined in 21 U.S.C. Section 802.

(d) “Fair Housing Administrator” means the Administrator as established and defined in Section 665.051.

(e) “Fair Housing Board” means the Board as established and defined in Section 665.05.

(f) “Familial status” refers to the status of:

(1) one or more individuals (who have not attained the age of eighteen years) being domiciled with:

A. a parent or another person having legal custody of the individual or individuals; or

B. the designee of the parent or other person having such custody, with the written permission of the parent or other persons.

(2) any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of eighteen years.

(g) “Gender identity or expression” means the gender-related identity, external presentation of gender identity through appearance, or mannerism or other gender-related characteristics of an individual, regardless of the individual's designated sex at birth.

(h) “Housing for older persons” means:

(1) housing provided under any State or Federal program that the Secretary of the United States Department of Housing and Urban Development (hereafter “HUD”) determines is specifically designed and operated to assist elderly persons (as defined in the State or Federal program);

(2) housing intended for, and solely occupied by, persons 62 years of age or older;

(3) housing intended and operated for occupancy by at least one person 55 years or older per unit. The determination as to whether housing qualifies as housing for older persons under this division shall be consistent with regulations promulgated by the Secretary of HUD, which require that at least the following factors are present:

A. the existence of significant facilities and services specifically designed to meet the physical or social needs of older persons or if the provision of the facilities and services is not practicable, that the housing is necessary to provide important housing opportunities for older persons; and

B. that at least eighty percent (80%) of the units are occupied by at least one person 55 years of age or older per unit; and

C. the publication of, and adherence to, policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older.

(4) Housing shall not fail to meet the requirements for housing for older persons by reason of:

A. there being persons residing in the housing as of the date of enactment of the Fair Housing Act of 1988 who do not meet the age requirements of division (i)(2) or (3) of this section; provided that the new occupants of the housing meet the age requirements of division (i)(2) or (3); or

B. there being unoccupied units, provided that such units are reserved for occupancy by persons who meet the age requirements of division (i)(2) or (3).

(i) “Lending institution” means any bank, savings and loan association, insurance company, or other organization or person regularly engaged in the business of lending money, guaranteeing loans for profit, or otherwise providing financial assistance or insurance in connection with the purchase, sale or rental of dwellings.

(j) “Person” means one or more individuals, partnerships, associations, organizations, corporations, joint stock companies, mutual companies, legal representatives, trusts, trustees, trustees in bankruptcy, receivers, and other organized groups of persons. It also includes, but is not limited to, any owner, lessor, assignor, builder, manager, broker, salesman, appraiser, agent, employee, and lending institution.

(k) “Property”, as used in this chapter, means any building, structure, facility or portion thereof, which is used, occupied or is intended, arranged or designed to be used or occupied;

(1) as the residence, dwelling unit, or sleeping place of one or more individuals, groups, or families whether or not living independently of each other, and includes any housing accommodations held or offered for sale or rent by a real estate broker, salesman, or agent, or by any other person with authorization of the owner, by the owner, or by the person's legal representative;

(2) for the purpose of operating a business, an office, a manufactory or public accommodation; or

(3) any vacant land offered for sale, lease or held for the purpose of constructing or locating thereon any such building, structure, facility, business concern or public accommodation.

(l) “Protected group” or “protected class” refers to persons who are or may be discriminated against on the basis of race, religion, color, sex, sexual orientation, gender identity or expression, national origin, age, disability, ethnic group,

Vietnam-era or disabled veteran status, familial status, marital status or ancestry.

(m) “Purchase” means to obtain property through sale.

(n) “Real estate broker” means a real estate agent or salesperson, or a limited real estate broker or salesperson as defined in Section 4735.01 of the Revised Code.

(o) “Rent” or “rental” means to lease, sublease, assign or otherwise grant or obtain the right to occupy property not owned by the occupant in return for consideration, or a contract or option to do any of the foregoing.

(p) “Sale or sell” means to convey, exchange, transfer or assign legal or equitable title to, or beneficial interest in, property in return for consideration, or a contract or option to do any of the foregoing.

(q) “Sexual orientation” means a person's actual or perceived homosexuality, bisexuality or heterosexuality, by orientation or practice.

(r) “Solicitation” or “solicit” means the mailing or delivery of any printed matter or any oral communication either in person or by telephone to the owner or occupant of property by any real estate broker, agent, sales representative or other person for any of the following purposes:

(1) advertising the accomplishments and/or abilities of the real estate broker, agent, sales representative or other person to sell or rent property;

(2) requesting or suggesting that the owner or occupant list his property for sale or rent; or

(3) offering to purchase or rent the owner's property.

(Ord. No. 1260-08. Passed 11-30-09, eff. 12-3-09)

665.03 Unlawful Discriminatory Housing Practices

It shall be an unlawful discriminatory housing practice for any person to:

(a) refuse to sell, transfer, assign, rent, lease, sublease, finance, or negotiate after the making of a bona fide offer, or otherwise deny or make unavailable, because of membership in a protected class, a property to any person;

(b) represent to any person, because of membership in a protected class, that a property is not available for sale, rental, inspection, purchase, transfer, assignment, lease or sublease when, in fact, it is available;

(c) discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction, if the person's business includes engaging in residential real estate-related transactions, because of race, color, religion, sex, sexual orientation, gender identity or expression, national origin, age, disability, ethnic group,

Vietnam-era or disabled veteran status, familial status, marital status or ancestry. As used in this section, the term

“residential real estate-related transaction” means any of the following:

(1) The making or purchasing of loans or providing other financial assistance:

A. for purchasing, constructing, improving, repairing, or maintaining a dwelling; or

B. secured by residential real estate.

(2) The selling, brokering or appraising of real property; and

(3) for the purposes of this section, a person is engaging in residential real estate-related transactions if:

A. he has, within the preceding twelve months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest in any dwelling; or

B. he has, within the preceding twelve months, participated as agent, other than in the sale of his own personal residence, in providing sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwelling or any interest in any dwelling; or

C. he is the owner of any dwelling designed or intended for occupancy by, or occupied by, five or more families; or

D. he has, within the preceding twelve months, participated as principal in three or more transactions involving the making or purchasing of loans or providing other financial assistance or appraising of real property.

(d) discriminate against any person in the terms or conditions of selling, renting, transferring, assigning, brokering, leasing or subleasing any property, or in furnishing facilities, services or privileges in connection with the ownership, occupancy or use of any property because of membership in a protected class or because of the racial composition or presence of any other protected groups in the area in which the dwelling is located;

(e) discriminate against any person in the provision of property and casualty, including but not limited to, fire, extended coverage, renter's or homeowner's insurance (“insurance”) or insurance related services because of membership in a protected class of a current or prospective purchaser, renter, or occupant, or of other residents in the area or community, by any one or more of the following practices:

(1) making insurance or insurance related services unavailable or making them available on different terms or conditions;

(2) refusing to sell or renew or by canceling insurance or an insurance policy;

(3) varying the terms or conditions under which an insurance policy or insurance related services is available;

(4) establishing different qualifications, requirements or standards for making insurance or insurance related services available;

(5) offering different services, facilities or privileges in the provision of insurance or insurance related services;

(6) discouraging potential applicants from applying for insurance, including not but limited to utilizing different sales and marketing practices;

(7) evaluating, settling, or paying insurance claims;

(f) refuse to consider the combined income of both husband and wife for the purpose of extending mortgage credit to a married couple or either member because of their membership in a protected class;

(g) print, publish or circulate, or cause to be printed, published or circulated, any statement or advertisement, or make or cause to be made any written or oral statement, relating to the sale, transfer, assignment, rental, lease, sublease or acquisition of any property or the loan of money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair or maintenance of a property, which indicates any preference, limitation, specification or discrimination based upon protected group membership, or an intention to make any such preference, limitation, specification or discrimination;

(h) include in any sale, transfer, rental, lease or sublease of a property any restrictive covenant based on protected group membership, or honor or exercise, or attempt to honor or exercise any restrictive covenant;

(i) for the purposes of profit, whether or not realized, induce or solicit or attempt to induce or solicit a property listing or transaction including but not limited to a sale, rental or other transaction by representing that a change has occurred or may occur with respect to the protected class or classes of the area in which the property is located, or induce or solicit or attempt to induce or solicit such listing, sale, or transaction by representing that the actual or anticipated presence of persons of any protected class in the area will or may have results such as:

(1) the lowering of property values;

(2) a change in the composition of the area in which the property is located based upon a protected class or classes;

(3) an increase in criminal or anti-social behavior in the area; or

(4) a decline in the quality of the schools serving the area.

(j) coerce, injure, intimidate, threaten or interfere with any person in the exercise or enjoyment of, or on account of that person's having exercised or enjoyed or having aided or encouraged any other person in the exercise or enjoyment of any right granted or protected by this section;

(k) discriminate against any person because of protected group status in appraising the value of any property in connection with the sale, brokering or rental or because of the composition of the area based upon protected class or classes;

(l) deny any person access to, or membership or participation in, any multiple-listing service, real estate brokers' association or other service association or facility relating to the business of selling or renting housing accommodations or commercial property, or to discriminate against any person in the terms or conditions of such access, membership or participation, on account of membership in a protected class;

(m) refuse to permit, at the expense of a disabled person, reasonable modifications to existing premises occupied or to be occupied by such person, if the modifications may be necessary to afford such person full enjoyment of the premises, except that, in the case of a rental, a landlord may — where it is reasonable to do so — condition his or her consent to a modification on a renter's agreement, which can include the establishment of an escrow account, to restore the interior of the premises to the condition that existed prior to the modification, reasonable wear and tear excepted:

(n) refuse to make reasonable accommodations in rules, policies, practices or services, when the accommodations may be necessary to afford a disabled person equal opportunity to use and enjoy a dwelling including associated public and common use areas;

(o) construct covered multi-family dwellings that do not provide for accessibility and usability for physically disabled persons in compliance with 42 USC Section 3604(f)(3)(C);

(p) discriminate in any manner against any other person because that person has opposed any unlawful practice defined in this section, or because that person has made a charge, testified, assisted or participated in any manner in any investigation, proceeding or hearing under Sections 4112.01 to 4112.07 of the Revised Code; or

(q) aid, abet, incite, compel or coerce the doing of any act declared by this section to be an unlawful discriminatory practice, or obstruct or prevent any person from complying with Sections 4112.01 to 4112.11 of the Revised Code, 42 USC

Section 3601 et seq., or any order issued under those sections, or attempt directly or indirectly to commit any act declared by this section to be an unlawful discriminatory practice.

(Ord. No. 1260-08. Passed 11-30-09, eff. 12-3-09)


The provisions of this chapter shall not be construed to:

(a) prohibit a religious or denominational institution, organization, society or association of any non-profit charitable or educational organization that is operated, supervised or controlled by or in connection with a religious organization, from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than commercial purposes to persons of the same religion or from giving preference to those persons, unless membership in the religion is restricted on account of race, color or national origin, nor shall anything in this chapter prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes, provides lodging which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of the lodgings to its members or from giving preference to its members;

(b) require any person selling or renting property to modify the property in any way at his or her expense, provided that the person does not refuse to permit reasonable modifications by a disabled person, which are necessary for that person to fully enjoy the premises in which he or she resides or will reside, when the modifications are made at the expense of the disabled person, which permission may be reasonably based on the disabled person's promise, under division (m) of

Section 665.03, to restore the interior of the dwelling to the condition in which it existed before permission was granted for the modification, nor shall this chapter be construed to relieve any disabled person of any obligation generally imposed on all persons, regardless of disability, in a written lease, rental agreement or contract of purchase or sale, or to forbid distinctions based on the inability to fulfill the terms and conditions, including financial obligations, of the lease, agreement, or contract, so long as the distinctions are not based on the disability, or on the landlord's refusal to make reasonable modifications in the lease, agreement or contract conditions for the purpose of denying a disabled person equal opportunity to the use and enjoyment of the premises. Making the modifications permitted under this division does not relieve any person from the applicability of division (o) of Section 665.03 or from the design and construction requirements in 42 USC Section 3604(f)(3)(C) for accessibility for physically disabled persons. (ORC 4112.12(K), (N));

(c) prohibit the restriction of a sale or rental of a property on the basis of disability when the property is authorized, approved, financed or subsidized, in whole or in part, for the benefit of disabled persons by a unit of the local, state or federal government, so long as the restrictions do not discriminate against an otherwise qualified disabled person;

(d) require that a property be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others;

(e) prohibit the application of any reasonable local, state or federal restrictions regarding the maximum number of occupants permitted to occupy a property;

(f) with regard to familial status, apply to properties that have been determined to be housing for older persons;

(g) hold a person personally liable for monetary damages for discrimination on the basis of familial status if such person reasonably relied, in good faith, on the application of the exemption under 42 USC Section 3607(b)(1) relating to housing for older persons; or

(h) prohibit a person engaged in the business of furnishing appraisals of real property to take into consideration factors other than membership in a protected class.

(Ord. No. 295-08. Passed 4-7-08, eff. 4-14-08)

665.05 Fair Housing Board; Powers; Duties; Responsibilities

(a) There is hereby established a Fair Housing Board which shall consist of five members: one (1) appointed by the Mayor; one (1) appointed by the Council; and three (3) citizen members nominated by the Mayor and confirmed by Council. The member appointed by the Mayor and the member appointed by Council each shall be appointed for a term of three (3)

years. Of the citizen members first appointed, one (1) shall be appointed for a term of one (1) year, one (1) for a term of two

(2) years, and one (1) for a term of three (3) years; thereafter appointments shall be for three (3) years.

(b) The Fair Housing Board shall have the responsibility to administer the provisions of this chapter and to adjudicate complaints alleging violations of any section. The Fair Housing Board shall have and may exercise the following powers to implement the purposes of this chapter:

(1) to hold adjudicative hearings, make findings of fact, issue orders, enforce such orders and seek judicial and/or administrative relief with respect to any such complaints in accordance with the provisions of this chapter;

(2) to subpoena witnesses, compel their attendance, administer oaths, take sworn testimony and, in connection therewith, to require the production for examination of any documents relating to any matter under investigation or in question before the Fair Housing Board, and enforce such powers by proper petition to any court of competent jurisdiction;

(3) to adopt such rules and regulations as the Fair Housing Board may deem necessary or desirable for the conduct of its business and to carry out the purposes of this chapter;

(4) to do such other acts as are necessary and proper to perform those duties with which the Fair Housing Board is charged under this chapter, including the provision of referral services for the community;

(5) to collect, analyze and study the results of investigations made under this chapter and report to the Mayor and City

Council on or before January 31 of each calendar year on the working of this chapter for the purpose of advising on and recommending amendments to this chapter;

(6) to conduct a continuing program of education and community organization throughout the City;

(7) to initiate an investigation without the filing of an official complaint, provided a majority of the Fair Housing Board elects to proceed based upon reasonable cause to believe that violations of this chapter are occurring or have occurred. The

Fair Housing Board shall have the same powers following this initiated investigation as it has with an investigation based on the filing of a complaint;

(8) to enter into cooperative agreements with other governmental agencies to effectuate the purposes of this chapter;

(9) to refer persons allegedly aggrieved by unlawful discriminatory housing practices to the Ohio Civil Rights Commission or other governmental or private agencies, as appropriate;

(10) if the Fair Housing Board has reasonable cause to believe that any person or persons are engaged in unlawful discriminatory housing practices as described in Section 665.03, the Fair Housing Board may refer the matter to the

Director of Law for commencement of a civil action in a court of competent jurisdiction on behalf of the City. The Director of Law may seek any relief considered necessary to ensure the full enjoyment of the rights granted by this chapter.

(Ord. No. 2317-04. Passed 12-13-04, eff. 12-17-04)

665.06 Complaints

(a) Any aggrieved person may allege that a violation of Section 665.03 has occurred or is about to occur by filing with the

Fair Housing Board, within one hundred and eighty (180) days of the alleged violation, a sworn, written complaint setting forth his or her grievance. The complaint shall state the name and address of the aggrieved party (the “complainant”), the name and address of the person(s) alleged to have committed a violation of Section 665.03 (the “respondent”), a description and address of the property involved in the discriminatory incident and the particular facts and other information as may be required by the Board. A complaint may be amended at any time before the hearing is conducted under Section 665.09, and thereafter only with permission of the Fair Housing Board. On the filing of a complaint, the

Fair Housing Board shall acknowledge the receipt of the complaint and serve notice to the complainant, which notice shall also contain information as to the time limits, notice of procedural rights and obligations and choice of forum provided in this chapter.

(b) Within ten (10) days after a complaint has been received by the Fair Housing Board, it shall serve or cause to be served, in person or by certified mail, a copy of the complaint on the respondent alleged to have committed a violation of Section

665.03. Along with the service of the complaint, the Fair Housing Board shall advise the respondent, in writing, of his or her procedural rights and obligations under this chapter. The respondent may file a written verified answer to the complaint with the Fair Housing Board within ten (10) days after receipt of notice of the complaint, and thereafter only with permission of the Fair Housing Board.

(c) Within ten (10) days after identification of an additional respondent under this section, the Fair Housing Board shall serve a notice identifying the alleged discriminatory housing practice and advising the additional respondent of the procedural rights and obligations of respondents under this section, and a copy of the original complaint.

(Ord. No. 295-08. Passed 4-7-08, eff. 4-14-08)

665.07 Investigation of Complaints

(a) Investigations shall be commenced by the Fair Housing Administrator or his or her designee or designees within thirty

(30) days after a complaint has been received. Conciliation, under Section 665.08, shall be attempted beginning with the filing of the complaint and ending with the filing of a charge or a dismissal of the complaint. If conciliation has failed and the investigation has been completed, the Fair Housing Administrator shall determine that:

(1) there are reasonable grounds to believe that a violation of Section 665.03 has occurred, in which case the Fair Housing

Administrator shall issue a charge stating the facts forming the basis for the finding of reasonable grounds to believe discrimination occurred or is about to occur under Section 665.03. The Fair Housing Administrator shall then forward the complaint to the Fair Housing Board for a hearing, under Section 665.09; or

(2) there are no reasonable grounds to believe that a violation of Section 665.03 has occurred or was about to occur, in which case the Fair Housing Administrator shall prepare and issue a written notice of dismissal, within five (5) days of the finding of no reasonable grounds, by serving a copy of the notice of dismissal by certified mail on the parties. The notice of dismissal shall advise the complainant of his or her right of appeal under this section. Within fourteen (14) days of receipt of notice of dismissal, the complainant may request, in writing, reconsideration by the Fair Housing Board of the dismissal. By a majority vote, the Fair Housing Board may affirm or reverse the dismissal. If the Fair Housing Board reverses, it shall refer the complaint to the Fair Housing Administrator for conciliation and other actions consistent with this chapter.

(b) The Fair Housing Administrator shall complete the investigation within one hundred (100) days after receipt of the complaint, unless impracticable, in which case the Fair Housing Board shall inform, in writing, the complainant and the respondent of the reasons why the investigation cannot be completed within the time prescribed.

(c) The Fair Housing Administrator and his or her designee and staff may be assisted in the investigation by a fair housing agency or other appropriate organization or person under contract with the City.

(Ord. No. 295-08. Passed 4-7-08, eff. 4-14-08)

665.08 Conciliation Process

(a) During the period beginning with the filing of such complaint and ending with the filing of a charge or a dismissal by the Fair Housing Board, the Fair Housing Board shall, to the extent feasible, engage in conciliation with respect to such complaint. As appropriate, the Fair Housing Administrator or his or her designee shall:

(1) notify the complainant and respondent of the time, place and date of the conciliation conference at least ten (10) days prior thereto, and both parties shall appear at the conciliation conference in person or by attorney; and

(2) attempt to resolve the complaint by methods of conference, conciliation and persuasion with all interested parties and such representatives as the parties may choose to assist them. Conciliation conferences shall be informal and nothing said or done during such conferences shall be made public unless the parties agree thereto in writing. The terms of conciliation agreed to by the parties shall be reduced to writing and incorporated into a consent agreement to be signed by the parties, subject to approval by the Fair Housing Board. The terms of the conciliation agreement shall be made public, unless the complainant and the respondent agree otherwise and the Fair Housing Board determines that disclosure is not required to further the purposes of this chapter.

(b) A conciliation agreement may provide for binding arbitration of the dispute arising from the complaint. Any such arbitration that results from a conciliation agreement may award appropriate relief, including monetary relief.

(Ord. No. 162-A-2000. Passed 12-4-00, eff. 12-14-00 without the signature of the Mayor)

665.09 Hearings

(a) After the complaint is received by the Fair Housing Board pursuant to division (a)(1) of Section 665.07, the Fair

Housing Board shall, upon due and reasonable notice to all parties, hold a hearing on the complaint. Parties to the hearing shall be the complainant and respondent and such other persons as the Fair Housing Board may deem appropriate. The hearing shall be open to the public. At the time it determines to hold such hearing, the Fair Housing Board shall serve upon the respondent a summons requiring the attendance of named persons and the production of relevant documents and records.

(b) At any time prior to the conclusion of the hearing, the parties may request the Fair Housing Board to issue subpoenas for individuals or documents in the Fair Housing Board's name. Failure to comply with a summons or subpoena shall constitute a violation of this chapter. The parties may appear before such Board in person or by duly authorized representative and may be represented by legal counsel. The parties shall have the right to present witnesses and to crossexamine witnesses, and all testimony and evidence shall be given under oath or by affirmation.

(c) If a charge is issued pursuant to Section 665.07(a)(1), either the complainant or the respondent, in lieu of participating in the administrative hearing process, as outlined in this Section 665.09, may elect to have the case heard in a civil action.

Such civil action shall be maintained on behalf of the aggrieved person at the expense of the Fair Housing Board. Such election must be made within twenty (20) days after the receipt of the charge.

(Ord. No. 1081-01. Passed 6-19-01, eff. 7-27-01)

665.10 Hearing Decisions

(a) Within thirty (30) days of the close of the hearing, the Fair Housing Board shall deliver its decision, which shall be rendered in the form of a written order and which shall include findings of fact and a statement as to whether the respondent has violated or was about to violate Section 665.03 and any remedial actions as the Fair Housing Board may order under Section 665.13. The order shall be served upon the parties by certified mail within fifteen (15) days of the date of the decision. The order shall be available for public inspection, and a copy shall be provided to any person on request and payment of reproduction costs.

(b) If the Fair Housing Board is unable to make a recommendation within the time frame indicated in section (a), the Fair

Housing Board shall notify the Fair Housing Administrator, the complainant and the respondent in writing of the reasons for not doing so.

(Ord. No. 295-08. Passed 4-7-08, eff. 4-14-08)

665.11 Other Legal Action—Repealed


665.12 Injunctive Relief

At any time after the filing of a complaint referred to in Section 665.07, the Fair Housing Board may request the City's

Director of Law to petition the appropriate court for temporary or preliminary relief pending final determination of the proceedings under this chapter, or as otherwise necessary to carry out the purposes of this chapter, including an order or decree restraining the respondent from doing or causing any act which would render ineffectual any order or action by the

Fair Housing Board.


665.13 Remedial Actions

(a) If the Fair Housing Board finds that the respondent has not violated or was not about to violate Section 665.03, its order under Section 665.10 shall dismiss the complaint.

(b) If the Fair Housing Board finds that the respondent has violated or was not about to violate Section 665.03, its order under Section 665.10 shall provide for the taking of remedial action, as it deems appropriate, which may include but not be limited to:

(1) directing the respondent to cease and desist from violations of Section 665.03 and to take affirmative steps as necessary to effectuate the purposes of this chapter;

(2) initiating, at the Fair Housing Board's expense, an appropriate court action for the enforcement of Section 665.03, and for other or further relief as the court may deem appropriate including, but not limited to, injunctive relief, compensatory damages, punitive damages to the complainant and/or attorneys' fees and costs incurred by the complainant and/or the

Fair Housing Board and/or the City; court action shall be required in the event the respondent does not voluntarily comply with remedial actions ordered by the Fair Housing Board;

(3) initiating proceedings based on violation of federal or state law and/or regulations;

(4) initiating proceedings with any contracting agency, in the case of any violation of Section 665.03 by respondent in the course of performing under a contract or subcontract with the State or any political subdivision or agency, or with the

United States of America or any agency or instrumentality, for the purpose of terminating the contract or any portion of the contract, or obtaining other relief;

(5) initiating proceedings with the State of Ohio, where applicable, to revoke, suspend or refuse to renew the license of any person found to have violated any provision of Section 665.03;

(6) directing the respondent to reimburse the complainant and/or the City, as applicable, for his or her actual and reasonable expenses incurred and to be incurred as a result of each violation found including, but not limited to, expenses for moving and temporary storage of household furnishings, additional expenses in connection with the purchase or rental of a dwelling for alternative accommodations, and reasonable attorneys' fees and costs;

(7) directing the respondent to reimburse the City for its actual reasonable direct expenses incurred and to be incurred as a result of each violation found including reasonable attorneys' fees and costs.

(8) assessing compensatory damages, as appropriate, or arrange to have adjudicated in court, at the Fair Housing Board's expense, the award of compensatory damages against the respondent.

(9) assessing civil penalties, as appropriate, or arranging to have adjudicated in court at the Fair Housing Board's expense, the award of punitive damages against the respondent. For purposes of this chapter, civil penalties are defined as penalties assessed against the respondent to vindicate the public interest in an amount:

A. not exceeding $50,000 for a first violation; and

B. not exceeding $100,000 for any subsequent violation.

(10) such other further relief as the Fair Housing Board may deem appropriate for enforcement of Section 665.03.

(c) The Fair Housing Board shall make a final administrative disposition of a complaint within one (1) year after the complaint has been filed, unless it is impracticable to do so, in which case the complainant and respondent shall be notified, in writing, of the reasons why disposition of the complaint cannot be made within the time prescribed.

(d) Nothing in this chapter shall be construed to prevent the City, at its own expense, from initiating appropriate court action on behalf of the complainant in order to enforce the provisions of this chapter.

(e) The complainant and the respondent shall have the right to appeal an adverse final determination by the Board to the

Cuyahoga County Common Pleas Court under Chapter 2506 of the Revised Code, or in another forum or court of competent jurisdiction as provided by law.

(Ord. No. 295-08. Passed 4-7-08, eff. 4-14-08)

665.14 Judicial Relief

The City, the complainant, or any person aggrieved by a violation of any provision of this chapter may at any time within one (1) year from the date of the alleged violation and in lieu of proceeding with the administrative process set forth in this chapter, apply to any court of competent jurisdiction for appropriate relief including, but not limited to:

(a) injunctive relief or an order otherwise compelling compliance with this chapter;

(b) compensatory damages and/or punitive damages;

(c) reasonable attorneys' fees and costs to complainant and/or the City as applicable; and/or

(d) such other or further relief as is appropriate for the enforcement of this ordinance and elimination of violations thereof.

The City shall notify the complainant of all statutes of limitations for the filing of complaints in state and/or federal court.


665.15 Intimidation or Interference in Housing

No person, whether or not acting under color of law, shall by force or threat of force willfully injure, intimidate or interfere with, or attempt to injure, intimidate or interfere with any of the following:

(a) any person because of race, religion, color, sex, sexual orientation, national origin, age, disability, or ethnic group,

Vietnam-era or disabled veteran status, familial status, marital status or ancestry and because that person is or has been selling, purchasing, renting, financing, occupying, contracting, or negotiating for the sale, purchase, rental, financing, or occupation of any property; or applying for or participating in any service, organization, or facility relating to the business of selling or renting housing accommodations;

(b) any person because that person is, or has been, or is considering:

(1) participating, without discrimination on account of race, religion, color, sex, sexual orientation, national origin, age, disability, ethnic group, Vietnam-era or disabled veteran status, familial status, marital status or ancestry, in any of the activities, services, organizations or facilities described in division (a)(1) of this section;

(2) affording another person or class of persons opportunity or protection so to participate;

(c) any person because that person is, or is considering lawfully aiding or encouraging other persons to participate, without discrimination on account of race, religion, color, sex, sexual orientation, national origin, age, disability, ethnic group, Vietnam-era or disabled veteran status, familial status, marital status or ancestry, in any of the activities, services, organizations or facilities described in division (a)(1) of this section, or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to so participate.


665.16 Repealed


665.17 Repealed


665.18 Pattern or Practice of Discrimination

Whenever the Fair Housing Board has reasonable cause to believe that any person or persons are engaged in a pattern or practice of resistance to a person's or persons' full enjoyment of the rights granted by Section 665.03 or 665.19, of this chapter, or that any group of persons has been denied any of the rights granted by such section and the denial raises an issue of public policy, the Fair Housing Board may refer the matter to the Director of Law for commencement of a civil action in a court of competent jurisdiction on behalf of the City. The Director of Law may seek any relief considered necessary to ensure the full enjoyment of the rights granted by this chapter.


665.19 Prohibitions Against Real Estate Steering

No person who receives or expects to receive pecuniary gain from the sale or rental of housing accommodations shall:

(a) influence or attempt to influence any other person who purports or represents himself or herself to be a prospective purchaser, occupant or tenant of housing accommodations to refrain from purchasing or renting housing accommodations by referring to race, religion, color, sex, sexual orientation, national origin, age, disability, ethnic group,

Vietnam-era or disabled veteran status, familial status, marital status or ancestry, of occupants or prospective occupants of other housing accommodations in the neighborhood;

(b) influence or attempt to influence, by any words, acts, or failure to act, any person who purports or represents himself to be a prospective seller, purchaser, occupant, landlord or tenant of housing accommodations, in connection with the sale or rental of housing accommodations, in connection with the sale or rental of housing accommodations, so as to promote or tend to promote the continuance or maintenance of segregated housing or so as to retard, obstruct or discourage integrated housing on or in any street, block or neighborhood;

(c) discriminate against any person who purports or represents himself to be a prospective seller, purchaser, occupant, landlord or tenant of housing accommodations by any influence, suggestion, act or failure to act, or accord any differential treatment among such persons, in connection with the sale or rental of housing accommodations or in the furnishing of information, services, or facilities relative thereto because of the race, religion, color, sex, sexual orientation, national origin, age, disability, ethnic group, Vietnam-era’ or disabled veteran status, familial status, marital status or ancestry of

any person.


665.20 Additional Remedies

This chapter shall not prevent the City or any person from exercising any right or seeking any remedy to which that person might otherwise be entitled, or from filing any complaint with any other agency or court of law or equity.


665.21 Scope/Severability

(a) Scope. The provisions of this chapter shall apply to all property, as defined herein, located within the territorial limits of the City of Cleveland, Ohio.

(b) Severability. If any provision of this chapter is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, the remaining provisions of the chapter shall not be invalidated.


665.99 Penalty

(a) Whoever violates division (b) of Section 665.09 of this chapter is guilty of a misdemeanor of the third degree.

(b) Whoever violates Section 665.15 of this chapter is guilty of a misdemeanor of the first degree.

(c) The Fair Housing Board may not initiate any criminal proceeding arising under this chapter. However, nothing in this

Section 665.99 shall prevent such Board from referring a possible criminal violation to the appropriate authorities.

(Ord. No. 1081-01. Passed 6-19-01, eff. 7-27-01)



Chapter 667 — Unlawful Discriminatory Conduct


Unlawful discriminatory practices, RC 4112.02

Civil rights interference, CO 615.13

Coercion, CO 621.09

Discrimination at amusement parks, CO 687.05

Discrimination at karting parks, CO 691.16

667.01 Unlawful Discriminatory Public Accommodations Practices

It shall be an unlawful discriminatory practice in a place of public accommodation for any person who is the owner, operator, lessee, manager, administrator, servant, agent or employee of any place of public accommodation:

(a) To refuse, deny, segregate, discriminate or make a distinction, directly or indirectly, in offering its goods, services, facilities or accommodations to any person because of membership in a protected class;

(b) To refuse, deny, segregate, separate, discriminate, or make a distinction, directly or indirectly in any way, against any person in the full and equal use and enjoyment of the services, facilities, privileges, advantages or enforcement powers of the City, or any unit or office thereof, because of membership in a protected class;

(c) For any person, whether or not specifically prohibited from discriminating under any provisions of this section, to aid, abet, incite, compel, or coerce the doing of any act declared to be an unlawful discriminatory practice by this section, or to attempt to do so;

(d) To coerce, intimidate, threaten, retaliate against, or otherwise interfere with any person, or attempt to do so, because he or she has promoted the provisions of this section, or because he or she has filed a complaint, testified, or assisted in any proceeding, investigation or hearing authorized by Sections 667.011 through 667.013 or by appropriate state or federal law;

(e) Nothing in this section shall prohibit a religious or denominational institution, organization, society or association or any nonprofit charitable or educational organization that is operated, supervised or controlled by or in connection with a religious organization, from limiting its offerings of goods, services, facilities and accommodations to persons of the same religion, or from giving preference to such persons, provided that such offerings mentioned above are not, in fact, offered for commercial purposes;

(f) Nothing in this section shall prohibit the establishment of programs or other public accommodations designed and operated for a particular age group. However, such public accommodations shall not discriminate on the basis of membership in a protected class.

(g) Nothing in this section shall be construed to establish unlawful discrimination based on actual or perceived gender identity or expression due to the denial of access to bathrooms, showers, locker rooms or dressing facilities, provided reasonable access to adequate facilities is available.

(h) Nothing in this section shall be construed to require the modification of existing facilities or the construction of new or additional facilities.

(Ord. No. 1260-08. Passed 11-30-09, eff. 12-3-09)


(a) As used herein, "public accommodation" or "place of public accommodation" means any inn, restaurant, eating house, barbershop, public conveyance by air, land, or water, theater, store or other place for the sale of merchandise or provision of services, amusement or accommodation of which the accommodations, advantages, facilities, or privileges are offered or available to the public.

(b) All other terms used in Sections 667.01 through 667.013 shall have the meanings and definitions given in Chapter 665, except as may be specifically provided herein or as required by the context.


667.012 Complaints; Procedure; Hearings

Any aggrieved person may allege that a violation of Section 667.01 has occurred by filing a complaint with the Fair

Housing Board in the time, manner and form prescribed under Section 665.06 for complaints of unlawful practices under

Section 665.03. The Fair Housing Board shall have the same powers, duties and responsibilities with respect to a complaint alleging a violation of Section 667.01 as it has under Sections 665.05 through 665.10 with respect to a complaint

alleging a violation of Section 665.03, except as may be inapplicable or required by the context or by law.


667.013 Remedies and Relief

The City, the Fair Housing Board, any person aggrieved by a violation of Section 667.01 and any respondent thereto shall have the same rights, powers, duties and responsibilities with respect to remedies and relief for violation of Section 667.01 as they have under Section 665.11 through Section 665.13 with respect to a violation of Section 665.03, except as may be inapplicable or required by the context or by law.


667.02 Pictures Inciting Race Violence

No person, firm, corporation or association of individuals shall knowingly advertise, publish, present or exhibit in any public place in the City, any lithograph, drawing, sign, picture (motion or still), play, drama or sketch that represents any hanging, lynching or drawing of a human being that in any way incites race riot or race hatred.

(Ord. No. 1333-64. Passed 5-17-65, eff. 5-20-65)

667.03 Printed Matter Inciting Racial or Religious Hatred

No person, firm, corporation or association of individuals shall knowingly print, publish, distribute or cause to be printed, published or distributed by any means, or in any manner whatsoever, any handbill, dodger, circular, booklet, pamphlet, leaflet, card, sticker, periodical literature or paper, that exposes any individual or any racial or religious group to hatred, contempt, ridicule or obloquy within the meaning of this section.

(Ord. No. 1333-64. Passed 5-17-65, eff. 5-20-65)

667.04 Societies to Promote Racial Hatred, Etc.

No person shall organize any society which tends to promote racial hatred or religious bigotry.

(Ord. No. 63410-A. Passed 9-22-24)

667.05 Unlawful Discrimination in Employment

(a) No person shall refuse to employ or to bar or to discharge from employment any person because of race, religion, color, sex, sexual orientation, gender identity or expression, national origin, age, disability, ethnic group or Vietnam-era or disabled veteran status of such person.

(b) No person shall refuse to promote or grant any condition or privilege of employment because of race, religion, color, sex, sexual orientation, gender identity or expression, national origin, age, disability, ethnic group or Vietnam-era or disabled veteran status of such person.

(c) As used in this section, “person” means an individual, corporation, business trust, estate, trust, partnership, labor organization and association.

(d) As used in this section, “labor organization” means any organization which exists and is constructed for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms and conditions of employment, or of other mutual aid or protection in connection with employment.

(e) In accordance with the Religious Freedom Restoration Act, 42 U.S.C. 2000bb et seq., and other state and federal laws, nothing in this ordinance shall be construed to infringe the free exercise of religious rights under the First Amendment to the United States Constitution, nor shall the ordinance be construed to affect bona fide occupational qualifications based upon religion for employment.

(Ord. No. 1260-08. Passed 11-30-09, eff. 12-3-09)

667.99 Penalty

(a) Whoever violates any of the provisions of Section 667.05 shall be guilty of a misdemeanor of the first degree and shall be fined not less than one thousand dollars ($1,000.00), or sentenced to not less than three (3) months imprisonment, or both. The minimum fine and imprisonment to be imposed by a court for a violation of Section 667.05 is mandatory and may not be suspended in whole or in part.

(b) Whoever violates any other provision of this chapter shall be fined not more than one thousand dollars ($1,000.00) and imprisoned for not more than thirty days.

(Ord. No. 128-97. Passed 1-27-97, eff. 2-6-97)


Title VII — Business Regulation

Chapter 670 — Commissioning of Armed Security Guards



Certification of security guards by peace officer training council, RC 109.78(B)

Private policemen, RC 737.05

Auxiliary police, RC 737.051


As used in this chapter, “armed security guard” means a person engaged for hire or employed as a watchman, guard, private policeman, or other person whose primary duty is to protect persons or property or both, with the exception of such persons who do not carry a weapon of any kind, but does not include any police officer, special police officer, or any other person who by virtue of federal, state, or local law, excluding this chapter, is a “law enforcement officer” as defined in Section 2901.01 of the Revised Code.

(Ord. No. 171-04. Passed 2-2-04, eff. 2-4-04)


670.02 Application Forms; Availability; Contents

The Director of Public Safety shall make application forms available to any person who requests to be commissioned as an armed security guard.

The application form shall require the applicant to provide his or her full name, current residence, previous residences within the five-year period preceding the date of the application, age, place of birth, citizenship, current employment, and previous employment within the five-year period preceding the date of the application.

In addition, the application shall include all of the questions contained in divisions (g) and (h) of Section 670.03, and may include other questions that the Director determines to be administratively helpful in determining whether the applicant is qualified to be commissioned under this chapter.

The application form shall also require the submission of at least two references to the good character and integrity of the applicant, which may not be a family member or the applicant's current employer.

The applicant shall swear or affirm before a notary public that the information contained in the application is true.

If the applicant provides incomplete or untruthful information in connection with the application for a commission, it shall be grounds for denial of the commission.

(Ord. No. 171-04. Passed 2-2-04, eff. 2-4-04)


670.03 Requirements for Obtaining a Commission

A person may be commissioned as an armed security guard if he or she:

(a) Is an “armed security guard” as defined in Section 670.01; and

(b) Is twenty-one years of age or older; and

(c) Is a United States citizen; and

(d) Is able to read, write, and speak the English language; and

(e) Has good eyesight; and

(f) Has height, weight, and muscle tone within normal range; and

(g) Answers all of the following questions in the negative:

“(1) Are you under indictment or have you been convicted of a felony of violence?

“(2) Are you under indictment or have you been convicted of a crime involving force or threat of force?

“(3) Are you currently engaging in the illegal use of drugs?

“(4) Are you engaged in the abuse of alcohol?”; and

(h) Answers all of the following questions in the negative or demonstrates to the satisfaction of the Director of Public

Safety that an affirmative answer will not adversely affect the applicant's ability to perform the job of a commissioned armed security guard:

“(1) Have you ever been convicted of a crime under federal, state, or local law, other than a minor traffic violation? If you answer ‘yes’, explain.

“(2) Are you under a current court order that may affect your ability to perform the job of an armed security guard? If you answer ‘yes’, explain.

“(3) Do you have any condition that would render you unfit to carry a firearm? If you answer ‘yes’, explain.”; and

(i) Submits a letter from the applicant's employer indicating that the applicant is employed as an armed security guard; and

(j) Submits proof of age in the form of a birth certificate or valid driver's license; and

(k) Submits proof that any handgun that the applicant may use in the course of his or her duties has been registered; and

(l) Submits all of the items required by Sections 670.06, 670.07, and 670.09.

(m) Is fingerprinted for purposes of a criminal background check as required by Section 670.08.

(n) Pays all applicable fees as required by this chapter.

(o) Is not under any of the legal disabilities set forth in Section 2923.13 of the Revised Code preventing such person from acquiring, having, carrying, or using any firearm or dangerous ordnance.

The Director of Public Safety is authorized to commission armed security guards who have complied with all applicable provisions of this chapter.

(Ord. No. 171-04. Passed 2-2-04, eff. 2-4-04)


670.04 Duration of Commission

Each commission or renewal of a commission issued under this chapter shall be in effect for a period of one year, unless sooner suspended or revoked in accordance with Sections 670.17 and 670.18.

(Ord. No. 171-04. Passed 2-2-04, eff. 2-4-04)


670.041 Fee for Record Check—Repealed

(Ord. No. 1235-03. Passed 12-15-03, eff. 12-22-03)

670.05 Appeal

Any person denied a commission under this chapter may appeal the decision to the Board of Zoning Appeals within thirty days of the decision by filing a written notice of appeal with the Director and paying any fee charged by the Board to conduct the appeal.

(Ord. No. 171-04. Passed 2-2-04, eff. 2-4-04)


670.06 Ohio Peace Officer Training

Every applicant for a commission shall submit with the application evidence of satisfactory completion of a minimum of

120 hours of basic law enforcement training certified by the Ohio peace officer training commission.

(Ord. No. 171-04. Passed 2-2-04, eff. 2-4-04)


670.07 Weapons Qualification

Every new applicant for a commission shall submit with the application evidence that the applicant has completed, within two (2) years prior to the date of the application, a firearms training program certified by the Ohio peace officer training commission or has been requalified within two (2) years prior to the date of the application, through a course certified by the Ohio peace officer training commission or at the City's firing range.

Every applicant for renewal of a commission under this chapter shall submit evidence that the applicant has completed firearms requalification within ninety (90) days prior to the date of the expiration of the commission being renewed, through a course certified by the Ohio peace officer training commission or at the City's firing range.

(Ord. No. 171-04. Passed 2-2-04, eff. 2-4-04)


670.08 Background Check

The applicant shall be fingerprinted for purposes of conducting a criminal background check. The applicant shall pay a non-refundable fee of fifteen dollars ($15.00) for the costs of the background check.

(Ord. No. 171-04. Passed 2-2-04, eff. 2-4-04)


670.09 Photographs of Applicant

Upon notification by the office of the Director of Public Safety that the applicant will be issued a new or renewed commission under this chapter, the applicant shall submit two (2) current unretouched photographs of himself or herself, the size and character of which shall be designated by the Director. One of the photographs shall be affixed to the identification card issued under Section 670.11.

(Ord. No. 171-04. Passed 2-2-04, eff. 2-4-04)


670.10 Application Fee; Firing Range Fee

A non-refundable fee of eighty-five dollars ($85.00) shall be charged to an applicant for the issuance of a new commission or for the renewal of a commission.

A non-refundable fee of fifteen dollars ($15.00) shall be charged for each use of the City's firing range for the purpose of passing a weapons qualification test.

(Ord. No. 171-04. Passed 2-2-04, eff. 2-4-04)


670.11 Commission Identification Card

(a) Any person issued a commission under this chapter shall be issued a photo identification card that shall contain at a minimum the person's name, the name of the person's employer(s), the date of expiration of the commission, and an identification number unique to that individual.

(b) Each armed security guard issued a photo identification card under this section shall carry the card on his or her person at all times while engaged in armed security guard duties.

(c) No person while engaged in armed security guard duties shall fail to present the photo identification card issued under this section to a police officer upon demand.

(Ord. No. 171-04. Passed 2-2-04, eff. 2-4-04)


670.12 Approval of Uniforms

No armed security guard commissioned under this chapter shall use or wear a name tag, distinctive uniform, cap, badge, or button until their form, design, and color have been submitted to and approved by the Director of Public Safety.

(Ord. No. 171-04. Passed 2-2-04, eff. 2-4-04)


670.13 Imitation of Official Uniforms

No person who is not a member of the Division of Police or the Division of Fire shall wear a uniform, cap, badge, or button similar to, or in imitation of, the official uniform, cap, badge, or button in use at any time by a member of either such

Division.

(Ord. No. 171-04. Passed 2-2-04, eff. 2-4-04)


670.14 Limitation of Authority

The Director of Public Safety may designate the property or the geographical area of the City within which an armed security guard commissioned by the City may exercise his or her authority.

Commissioned armed security guards shall not obtain search warrants or warrants for arrest or perform any other specific function which the Director of Safety may, by rules and regulations, reserve exclusively to the Division of Police or which are exclusively reserved by the ordinances of the City and the City Charter to the Division of Police.

Commissioned armed security guards shall exercise their authority consistent with all applicable federal, state, and local laws.

(Ord. No. 171-04. Passed 2-2-04, eff. 2-4-04)


670.15 Firearms

In no event shall a commissioned armed security guard use or carry any type of firearm other than a .38 caliber revolver or a 9mm semi-automatic pistol, provided that the guard shall not carry or use a 9mm semi-automatic pistol unless the guard has first completed at least 32 hours of training in handgun use approved by the Ohio peace officer training commission and presents to the Director of Public Safety a certificate of satisfactory completion of the course of study.

If a commissioned armed security guard discharges his or her firearm in the City other than at a training range, then the guard shall report that fact to the Division of Police immediately after the incident and to the Director of Public Safety, in writing, the same or next business day.

Nothing in this chapter shall relieve a person from the provisions and prohibitions contained in Section 2923.12 of the

Revised Code relating to carrying a concealed weapon, or any other federal, state or local law with respect to the possession or discharge of firearms.

(Ord. No. 1744-08. Passed 4-13-09, eff. 4-20-09)

670.16 Reporting of Criminal Offenses

If a commissioned armed security guard is arrested or charged with any felony offense, or any offense of violence as defined in Section 2901.01 of the Revised Code, then the guard shall report that fact to the Director of Public Safety, in writing, within two (2) business days of the arrest or charge. If convicted of any such charge, then the commissioned guard shall also report that fact to the Director of Public Safety, in writing, within two (2) business days of the conviction.

(Ord. No. 171-04. Passed 2-2-04, eff. 2-4-04)


670.17 Grounds for Suspension and Revocation of Commission

Any commission issued under this chapter is subject to suspension or revocation if the holder of the commission:

(a) Has violated any of the provisions of this chapter; or

(b) Has violated any rule or regulation issued by the Director of Public Safety under Section 670.19; or

(c) Was unqualified at the time of the issuance of the commission; or

(d) Has become unqualified and would be denied a commission if he or she was then submitting an application; or

(e) Has provided incomplete or untruthful information in connection with the application for a commission; or

(f) Has given a false statement to a law enforcement officer; or

(g) Has committed any criminal offense that would have been grounds for denial of the commission originally, and the same is found to be true by a preponderance of the evidence at a hearing conducted in accordance with Section 670.18, whether or not the person is ultimately convicted of the offense.

(Ord. No. 171-04. Passed 2-2-04, eff. 2-4-04)


670.18 Suspension and Revocation Procedure

The Director of Public Safety, upon the complaint of any person, or upon the Director's own information or belief, shall investigate any allegation that a commissioned armed security guard has committed an act that constitutes grounds for suspension or revocation of a commission issued under this chapter.

If the Director finds that there is probable cause to believe there is grounds to suspend or revoke a commission, the

Director shall give the holder of the commission notice and an opportunity to present evidence on his or her behalf, with or without assistance of an attorney. The strict rules of evidence applicable in courts of law shall not apply.

If the Director finds that the allegations are true by a preponderance of the evidence, then the Director shall suspend or revoke the commission in question.

A person whose commission is suspended or revoked may appeal the decision to the Board of Zoning Appeals within thirty days of the date of the decision by filing a written notice of appeal with the Director and paying any fee charged by the

Board to conduct the appeal.

(Ord. No. 171-04. Passed 2-2-04, eff. 2-4-04)


670.19 Rules and Regulations

The Director of Public Safety is authorized to issue rules and regulations to carry out the purposes of this chapter. Any such rule or regulation shall take effect thirty days after its publication in the City Record.

(Ord. No. 171-04. Passed 2-2-04, eff. 2-4-04)


670.20 Use of Guards at Labor Disputes and Strikes—Repealed

(Ord. No. 1235-03. Passed 12-15-03, eff. 12-22-03)

670.21 Grounds for Suspension and Revocation of License—Repealed

(Ord. No. 1235-03. Passed 12-15-03, eff. 12-22-03)

670.22 Suspension and Revocation Procedure—Repealed

(Ord. No. 1235-03. Passed 12-15-03, eff. 12-22-03)

670.23 Application of Chapter—Repealed

(Ord. No. 1235-03. Passed 12-15-03, eff. 12-22-03)

670.24 Civil Damages—Repealed

(Ord. No. 1235-03. Passed 12-15-03, eff. 12-22-03)

670.25 Concealed Weapons—Repealed

(Ord. No. 1235-03. Passed 12-15-03, eff. 12-22-03)

670.99 Penalty

(a) Any person who violates division (c) of Section 670.11 is guilty of a minor misdemeanor on the first offense, and a misdemeanor of the fourth degree on the second and each subsequent offense.

(b) Any person who violates Section 670.13 is guilty of a misdemeanor of the fourth degree.

(Ord. No. 171-04. Passed 2-2-04, eff. 2-4-04)



Chapter 670A — UNNECESSARY POLICE ALARMS


Note: Pursuant to Section 2 of Ord. No. 1585-90, Sections 670A.01 through 670A.07 and Section 670A.99 shall take effect on January 1, 1991.


As used in this chapter, the following words and phrases shall have the following meanings:

(a) "Alarm system" means any device, which is designed or used for the detection of burglary or attempted burglary, or for alerting others of the commission of a robbery or attempted robbery within a building, structure or facility, or both, and which emits a sound or transmits a signal or message when activated for the purpose of deterring the intruder, or notifying another person of any of the above, and includes systems that transmit the signal or message directly to the

Division of Police. "Alarm system" does not include any such device used exclusively to protect a residential premises.

"Alarm system" does not include alarms on motor vehicles.

(b) "Alarm system user" means the person who occupies a premises on which an alarm system is operated, or if no person occupies the premises, the person having the right to possession of the premises on which the alarm system is operated.

(c) "Division of Police" means the Division of Police in the Department of Public Safety of the City of Cleveland.

(d) "Chief of Police" means the Chief of the Division of Police of the City of Cleveland.

(e) "Person" means an individual, firm, partnership, association, corporation, company or business of any kind.

(f) "Unnecessary alarm" means the activation of an alarm system whereby the Division of Police is summoned to a location when there is no incident occurring nor is there any evidence of any incident having occurred or having been attempted, as reported by the alarm. "Unnecessary alarm" shall also mean any violation of Section 670A.04. "Unnecessary alarm" shall not include alarms obviously attributable to extreme weather conditions, or power outages, the burden of proof of such exceptions to this section being on the alarm system user.


670A.02 Unnecessary Alarms; Charges

If more than two (2) unnecessary alarms occur at a particular location in a given calendar year then the Chief of Police shall invoice the alarm system user in the sum of one hundred thirty dollars ($130.00) for reimbursement of a portion of the costs of responding to the third and any subsequent unnecessary alarm.

The charges shall be due and payable upon receipt of an invoice, except that the charges shall be suspended pending the outcome of any hearing conducted under Section 670A.05, or any appeal conducted under Section 670A.06.

(Ord. No. 2393-02. Passed 2-3-03, eff. 2-3-03)

670A.03 Registration of Alarm System Users

(a) Each alarm system user shall register with the Division of Police using forms designated by the Chief of Police for this purpose, and shall provide the name of the user, the location of the premises on which the alarm system is in operation, and other information as the Chief of Police shall require.

(b) Each alarm system user on whose premises an alarm system is in operation on the effective date of this section shall initially register within ninety (90) days of the effective date of the section. Each alarm system user on whose premises an alarm system is placed in operation after the effective date of this section shall initially register not later than the date on which the system is placed in operation.

(c) After the initial registration required by division (b) of this section, each alarm system user shall re-register between

June 1 and June 30, inclusive, of each calendar year after the calendar year in which the initial registration is made.

(d) Each alarm system user shall pay a fee of twenty-five dollars ($25.00) for each registration or re-registration required by this section.

(e) No person shall fail to register or re-register as an alarm system user as required by this section.

(Ord. No. 2393-02. Passed 2-3-03, eff. 2-3-03)

670A.04 Noise Limit

All bells, sirens, or other noise sources that sound in the event of an alarm are, if located in residential areas, to cut off automatically within fifteen (15) minutes after the alarm has been activated or, if located in commercial areas, to cut off automatically within thirty (30) minutes after the alarm has been activated. Each violation of this section shall constitute an unnecessary alarm with regard to other provisions in this chapter. Audible alarms shall not resemble the sound of any emergency signal or civil defense alarm or siren.


670A.05 Hearings

Any person who has been invoiced pursuant to Section 670A.02 may request, in writing, within thirty (30) days of the date of invoice, a hearing by the Chief of Police or his designee for the purpose of presenting evidence that an unnecessary alarm did not occur, or that the person invoiced is not the alarm system user. Upon the establishment by the Division of

Police of a prima facie case supporting the invoice, the burden of proof shall shift to the person who requested the hearing.

The rules of evidence applicable to courts of law shall not be strictly applied.

If the Chief of Police or his designee determines, by a preponderance of the evidence, that an unnecessary alarm did not occur, or that the person invoiced pursuant to Section 670A.02 is not the alarm system user, then the charges shall be voided, otherwise the charges shall be due and payable.


670A.06 Appeals

Any person subject to an adverse finding by the Chief of Police or his designee pursuant to Section 670A.05 may appeal the finding to the Board of Building Standards and Building Appeals. The notice of appeal shall be in writing and shall be filed with the Board of Building Standards and Building Appeals within ten (10) days of the finding of the Chief of Police or his designee. The Board shall approve, modify or annul the finding from which the appeal is taken.


670A.07 Annual Report

The Director of Public Safety shall file a report with the Clerk of Council by the 15th of February each year, containing the number of unnecessary police alarms that occurred and the amount of monies that were reimbursed to the City pursuant

to Section 670A.02 in the previous calendar year.


670A.99 Penalty

Whoever violates division (e) of Section 670A.03 is guilty of a minor misdemeanor.


670B.01 Definitions



Chapter 670B — Outdoor Pay Telephones


(a) "Director" means the Director of Finance or the Director's designee.

(b) "Commissioner" means the Commissioner of Assessments and Licenses or the Commissioner's designee.

(c) "Outdoor Pay Telephone" means any self-service, coin-operated, credit card-operated or other similar telephone that is available outdoors for use by the general public.

"Outdoor Pay Telephone" shall include outdoor pay telephone booths and stands, outdoor pay telephone drive-up and walk-up units, and outdoor pay telephones which are affixed to the exterior walls of a building or structure.

(d) "Owner" means a person in whom is vested ownership, dominion, control or title of an outdoor pay telephone.

(e) "Person" means any individual, firm, partnership, association, corporation, company, organization or legal entity of any kind.

(f) "Public Property" means all City-owned property, and does not include the right-of-way of the City or property owned by a person other than the City.

(g) "Public right-of-way" means any way which has been deeded to the public or dedicated to the public use for pedestrian or vehicular travel, and does not include public property or property owned by a person other than the City.

(h) "Private property" means any property other than the public right-of-way or public property.

(i) "PUCO" means the Public Utility Commission of Ohio.

(j) "Special telephone service features" include the blocking of incoming calls to a telephone, installation of telephones that do not permit "touch tone" dialing, restricting coin access to a telephone during late evening and night hours, and such other service features as are acceptable to the Director.


670B.02 Requirements for License and Contracts; Permits; Location Requirements

(a) No person shall engage in the business of providing and installing outdoor pay telephones on private property, and no person shall install, place or maintain an outdoor pay telephone on private property, unless the owner has a biennial outdoor pay telephone license. This prohibition applies to any outdoor pay telephone installed prior to or after the effective date of this Chapter.

(b) No person shall engage in the business of providing and installing outdoor pay telephones in the public right-of-way, and no person shall install, place or maintain an outdoor pay telephone within the public right-of-way unless the owner of the telephone has entered into a biennial contract with the Director that grants to such owner the privilege of installing and maintaining outdoor pay telephones in the public right-of-way. This prohibition applies to any outdoor pay telephone installed prior to or after the effective date of this Chapter. This prohibition also applies to any outdoor pay telephone that is attached to or mounted on a building or other structure when such telephone extends above or into the right-of-way, and any outdoor pay telephone located in the right-of-way that is attached to a building or structure by a wire or cable.

(c) No person shall engage in the business of providing and installing outdoor pay telephones on private property or in the right-of-way, and no person shall install, place or maintain an outdoor pay telephone on private property or in the rightof-way unless the owner has a biennial permit for each telephone installed, placed or maintained, issued in accordance with the requirements of this Chapter.

(d) It shall be unlawful for any person to install, own or maintain, or to allow the installation or maintenance of, an outdoor pay telephone on private property or the public right-of-way under any of the following circumstances:

(1) On any vacant private property or any public right-of-way adjacent thereto;

(2) On any private property or any public right-of-way adjacent thereto, where any or all buildings are vacant;

(3) On any private property or any public right-of-way adjacent thereto, that has a premises licensed for the sale of alcoholic liquor (other than beer or wine);

(4) In a residential use district as defined in the Zoning Code of the City, or within 50 feet of a residential dwelling unit in a residential use district;

(5) At a location where use from a vehicle is possible which would cause the vehicle to stand in a driveway or aisle in a parking lot or in the right-of-way;

(6) Within 5 feet of any area used for vehicular ingress or egress or an aisle way in a parking area for vehicular travel;

(7) Within 5 feet of the entrance or exit to any structure, a crosswalk, a bus shelter, a fire exit or escape, a mail box, parking meter, police or fire call box, traffic control box, fire hydrant or sidewalk elevator, or that blocks or restricts free passage of pedestrians or vehicles;

(8) On any public right-of way adjacent to private property where an outdoor pay telephone has been previously removed; or

(9) On any property or at any location that has been determined by the Director of Public Safety to create a nuisance based upon prior actual use.

(e) No dial tone provider shall provide dial tone to any outdoor pay telephone on private property or in the right-of-way without first verifying that the pay telephone has been permitted by the City pursuant to this Chapter.

(f) All outdoor pay telephones on private property or in the right-of-way must: automatically block all incoming calls and provide outgoing only service; prevent the use of pagers or beepers; use electric wiring, not telephone wire, for electric

connections; be well lighted if available for use during hours between sunset and sunrise, which may include ambient lighting; and be kept free from graffiti and stickers not placed by the owner, and kept clean.

(g) Any outdoor pay telephone placed or installed on private property or in the right-of-way shall be either a so-called

“smart phone” equipped with a built in computer or a “smart line” phone, and shall have the capability to make the telephone inoperative for designated periods of time, to provide lists of each outgoing call as to the number called, its duration, and the date and time of the call, shall have built in volume control and shall have a key pad that prevents the use of pagers or beepers.

(h) No outdoor pay telephone shall be placed or installed at any location on private property or in the right-of-way that is within 500 feet of any other outdoor pay telephone, whether on private property or in the right-of-way.

(i) The 500 feet restrictions in this Section shall not apply to any retail gas service station. The 500 feet restrictions shall also not apply to: the Central Business District as defined in Section 325.12 of the Codified Ordinances; the Flats Oxbow

Revitalization District; the University Circle institutional area defined as the area included within and bounded by both sides of East 105 Street, East Boulevard, Ford Road, and Euclid Avenue; Regional Transit Authority rapid stations and the adjacent right-of-way; hospitals, universities, and Cuyahoga Community College and the adjacent right-of-way; and strip shopping centers and the adjacent right-of-way. All other requirements of this Chapter apply to outdoor pay telephones in the areas named in this division.

(j) An owner may apply in writing to the Commissioner for an exemption from the 500 feet restriction to place multiple outdoor pay telephones at one location, due to a demonstrated appropriate use or need for additional outdoor pay telephones as a result of a high level of pedestrian and automobile traffic, and a concentration of heavy usage of pay telephones at that location. Any such application shall be referred to the Director of Planning for review and approval, and if so approved, shall be submitted to Council for action. If Council passes an ordinance approving the exemption, such ordinance shall be forwarded to the Commissioner who shall attach the approved exemption to the license of the owner or as an amendment to the owner's contract, and the owner then may apply for permits for additional phones, as approved.

(k) For the purposes of this section, the submission of a completed application for a permit for a telephone on private property or in the right-of-way, shall be considered a placement of a pay telephone.

(Ord. No. 15-05. Passed 1-10-05, eff. 1-12-05)

670B.03 Contracts with Outdoor Pay Telephone Owners; Public Right-of-Way

(a) Any owner may enter into a biennial contract with the Director that grants to the owner the privilege of installing and maintaining outdoor pay telephones in the public right-of-way for a period of two years, subject to the terms and conditions set forth in the contract and this Chapter.

(b) Any contract entered into pursuant to division (a) of this section must include as terms and conditions at a minimum all of the requirements of this Chapter applicable to pay telephones in the right-of-way; however, the City may impose additional requirements and restrictions on pay telephones in the right-of-way in the contract with an owner, but no such requirements may unnecessarily discriminate in favor of or against any owner.

(c) Owners with a contract to install telephones in the right-of-way shall apply for permits under Section 670B.05 for each telephone.

Applications for permits shall be given preference for purposes of determining compliance with the distance requirements in the order that they are received.

(d) The Director shall determine whether to approve the proposed location of all outdoor pay telephone to be installed and maitained in the right-of-way, and in doing so shall consider the following factors in addition to other requirements of this

Chapter:

(1) Possible obstruction of pedestrian and vehicular traffic;

(2) The size of the telephone and any booth stand, or pole;

(3) The ability to provide access by disabled persons;

(4) The proliferation of visual clutter; and

(5) Such other factors as are delineated in the contract.

(e) Any outdoor pay telephone installed and maintained in the right-of-way must:

(1) Allow a “direct dial” of 911 without the need to first use a coin or a credit card or the need to dial the operator;

(2) Have a functioning coin return mechanism;

(3) Have affixed in a readily visible place a notice setting forth the name of the owner, the owner's telephone number for repair and the telephone number or serial number of the outdoor pay telephone;

(4) Be maintained in a properly functioning, clean, neat and attractive condition, free of rust and free of danger of electrical shock;

(5) Not be used for advertising signs or publicity of any sort; and

(6) Be in full compliance with all state and federal laws and regulations, including this Chapter.

(f) The owner of each outdoor pay telephone shall indemnify the City and hold it harmless from any and all claims or liability arising from any act of the owner, or failure to act, in the installation, maintenance and operation of the telephone.

The owner shall submit to the Commissioner, at its own expense, general liability insurance to protect the owner and the

City from all claims for damage to property or bodily injury, including death. The insurance shall be in an amount not less than one hundred thousand dollars ($100,000) combined single limit, and shall provide that the insurance coverage shall not be canceled or reduced by the insurance carrier without thirty (30) days' prior written notice to the City. A certificate of such insurance shall be provided to the Director at the time of execution of the contract and shall be maintained before and during the installation of any telephone in accordance with the contract and throughout the period that the contract for any telephone is in effect. The Director may accept documentation that the owner has a self-insurance retention plan in lieu of insurance, provided that the Director determines that the coverage is equivalent or better than the insurance coverage required by this division.

(Ord. No. 583-04. Passed 4-5-04, eff. 4-8-04)

670B.04 Biennial Outdoor Pay Telephone License Required

(a) Prior to engaging in the business of installing, placing and maintaining outdoor pay telephones on private property in the City, and biennially thereafter, a person shall submit an application for a license, or the renewal of a license, to the

Commissioner upon forms to be prescribed by the Commissioner. The application shall include the following information:

(1) The name, address, telephone number and federal tax identification or social security number of the person;

(2) The name, address and telephone number of the individual or other persons to whom the City shall serve in person or by mail any order required by Section 670B.05;

(3) An affidavit that the business will be and remain in compliance with all relevant City, State and federal laws and regulations and this Chapter;

(4) A disclosure of any violations, or license or permit suspensions or revocations, involving the business or licensee, with regard to pay telephone laws and regulations in other jurisdictions in which the business or licensee conducts a pay telephone business;

(5) Any other information as the Commissioner deems necessary to ensure compliance with this Chapter.

(b) One license application may be submitted regardless of the number of outdoor pay telephones the owner has or that will be installed. The application for and the issuance of a license do not authorize the person to install, place or maintain any outdoor pay telephone without a permit required by this Chapter.

(c) A biennial license fee of two hundred dollars ($200.00) shall be submitted with the application. This license fee is for the purpose of defraying the expenses incident to the administration of the provisions this Chapter.

(d) The owner shall promptly notify the Commissioner in writing of any change in the information required by division (a) of this section. Any misrepresentation or false information contained in a license application, and any failure to disclose information required by this Chapter, shall be considered a violation of this Chapter and the license, and may be the basis of a violation notice or a suspension or revocation of a license, permit or contract.

(e) A copy of each application for a license shall be provided by the Commissioner to the Director of Public Safety and the

Clerk of Council. These officials shall notify the Director in writing of any objections to the license within ten busIness days after receiving the application.

(f) Upon receipt of a completed application that is in compliance with this Chapter and all required information and fees, the Commissioner shall issue to the owner an outdoor pay telephone license, except that a license may be denied if the applicant has a significant history of non-compliance with this Chapter, or if the applicant's license was revoked or an appeal of such a revocation was denied within the previous year.


670B.05 Biennial Outdoor Pay Telephone Permits Required

(a) Prior to the installation or placement of an outdoor pay telephone on private property or in the right-of-way, and biennially thereafter, the owner of the telephone shall submit an application for a permit to the Commissioner upon forms to be prescribed by the Commissioner. The applicant may request that documents and information provided to the

Commissioner be considered confidential and not public records by labeling such documents or information as

“Confidential and Proprietary,” and the Commissioner shall disclose such documents or information only to those parties to whom disclosure is necessary to carry out the provisions of this Chapter, unless otherwise required by law. The application shall include the following information:

(1) The name, address, telephone number and federal tax identification or social security number of the owner;

(2) The number of the owner's outdoor pay telephone license or contract, as applicable;

(3) The serial number or telephone number and dimensions of the outdoor pay telephone and any enclosure;

(4) A description of the services provided for the users of the outdoor pay telephone, including any special telephone features or restrictions;

(5) If the telephone was or will be placed, installed and maintained by a licensee, the name, address and telephone number of the property owner and any lessees of the property where the outdoor pay telephone is or will be located;

(6) A drawing of the location of the telephone for which the permit is requested and the location of any telephone within

500 feet of that telephone;

(7) A description of the source and brightness of lighting of the telephone by built-in or ambient lighting;

(8) Any other information as the Commissioner deems necessary to ensure compliance with this Chapter.

(b) A biennial permit fee of one hundred dollars ($100.00) per telephone installed or to be installed shall be submitted with the application. This permit fee is for the purpose of defraying the expenses incident to the administration of the provisions of this Chapter.

(c) The owner shall promptly notify the Commissioner in writing of any change in the information required by division (a) of this Section. The owner must submit a written notice of the removal of any telephone to the Commissioner prior to the removal. No refund of fees previously paid shall be made for telephones removed by the owner, the City or otherwise. If the owner plans to change the location of a telephone that is already permitted, or install a new phone at the same location, the owner must submit a new application for a permit and the fee to defray the expenses incident to the administration of the provisions of this Chapter. No additional fee or permit application is required to replace a broken or defective telephone, or to permanently relocate a telephone 10 feet or less once per permit period or to relocate a telephone temporarily on the same property for a period of less than 90 days. An owner must notify the Commissioner of any relocation allowed by this division within 30 days of the relocation.

(d) A copy of each application for a permit and any notice of a removal shall be provided by the Commissioner to the

Director of Public Safety, the Director of Public Service, and the Council member in whose ward the telephone is proposed to be installed. The Commissioner shall refer each application for a permit to the Commissioner of Building and Housing for review and approval. The Commissioner of Building and Housing shall determine whether or not the provisions of the

Building or Zoning Codes would be violated by the installation of the telephone, and particularly, set back requirements, use restrictions, restrictions as to attachments to structures, and if located in a parking lot, the Zoning requirement that a specified number of parking spaces be available for use by the business. These officials shall notify the Director in writing of any, objections to the permit within thirty days after receiving the application.

(e) If an application for a permit is for the placement of a pay telephone in a design review district, then the Commissioner shall also refer it to the City Planning Commission or Landmarks Commission, whichever is applicable, and that commission shall notify the director in writing of any objections to the permit within thirty days after receiving the application. In deciding whether or not to object to the issuance of the permit, the City Planning Commission or

Landmarks Commission, acting in accordance with its rules and regulations, shall consider whether the placement of the phone is consistent with the design review standards for the district; whether it is consistent with other streetscape elements in the vicinity and any overall streetscape plan for the district; whether there have been streetscape improvements in the area such as special lighting, landscaping, pavers, and the like; whether there is any visual clutter concerns if a pay telephone is installed; and whether there are any architectural or historical considerations. As used in this division,"design review district" means any area in which building permits require review and approval of either the

City Planning Commission or the Landmarks Commission.

(f) A permit application shall be disapproved if a telephone has been determined to be a nuisance pursuant to this Chapter within 500 feet of the proposed telephone location within the previous two years, and may be disapproved if the applicant has violated this Chapter within the previous one year.

(g) Upon receipt of a completed application that demonstrates that the telephone will be in compliance with this chapter and all required information and fees, the Commissioner shall issue to the owner an outdoor pay telephone permit and shall provide the owner with a label to be affixed to each telephone identifying the registration number and location of the telephone. The Commissioner shall ordinarily approve or disapprove a permit within 45 days of the receipt of a completed application and fee, unless the exercise of due diligence by the Commissioner requires that a longer period of time be taken. A telephone for which a permit is issued shall be installed within 30 days of the issuance of the permit or the permit is void and no longer effective. No refund of permit fees shall be given if the permit becomes void.

(Ord. No. 583-04. Passed 4-5-04, eff. 4-8-04)

670B.06 Inspection; Enforcement; Removal Orders; License and Permit Suspension and

Revocation; Appeal

(a) It shall be the responsibility of the Commissioner to perform an annual inspection of all pay telephones that are installed on private property and in the right-of-way in the City, to ensure that they are in compliance with this Chapter.

The Commissioner will provide a report to the Director listing all pay telephones not in compliance with this Chapter, the owners of such telephones, and the owners of the properties where such telephones are located.

(b) Any owner of a pay telephone who is not in compliance with this Chapter shall be notified in writing by the

Commissioner of the violation, a copy of which shall be sent to the property owner where such violations exist. The owner of the pay telephone must correct the violations within five (5) business days of the mailing of such notice. If the owner fails to correct the violations within the time required, the Commissioner may order the telephone removed, and the license or permit of the owner suspended, until all violations are corrected, or revoked.

(c) An order of removal, or license or permit suspension or revocation, shall be sent in writing to the pay telephone owner, and a copy shall be sent to the property owner where such violations exist. The City may remove the phone within five (5) business days of the mailing of such notice, at the owner's expense. The owner shall reimburse the City for the cost of removing and storing the telephone before the owner may reclaim the telephone. Such costs shall also include the cost of removing any installation ancillary to the outdoor pay telephone and the cost of restoring the public right-of-way to its original condition.

(d) An owner may appeal a violation notice, a removal order, or an order of suspension or revocation to the Board of

Zoning Appeals within 14 days of the date of receipt of the notice or order. The Board shall promptly notify the Clerk of

Council of any appeal and of the hearing date. The Board shall hear the appeal within 14 days after the appeal is filed, and the Board shall issue a decision within 14 days after the conclusion of the hearing. No notice of the hearing is required to be provided to adjoining property owners.

(e) If the license, contract or permit of an owner is suspended or revoked, the owner must remove all telephones installed pursuant to that license, contract or permit, and the owner may not install any more telephones until the suspension is lifted or a new license or permit is issued or contract is executed. An appeal to the Board of Zoning Appeals of a removal order, or of a suspension or revocation, shall stay such removal order.

(f) If an owner's license, contract or permit is revoked, the owner must apply for a new license, contract or permit and pay all fees required for a license or permit prior to the installation of any telephone. After the revocation of a permit, the owner may not reapply for a permit for the same location for one year after the date the revocation is effective and after the conclusion of any appeal therefrom.

(g) If an owner does not comply with an order to correct a violation of the requirements to maintain a telephone clean or free of graffiti, stickers or advertising within five (5) business days from the mailing of such an order, the Commissioner may take action necessary to clean or remove graffiti, stickers or advertising from the telephone at the owner's expense.

The owner shall reimburse the City for such expenses.


670B.07 Public Nuisance; Removal of Outdoor Pay Telephones

(a) Upon request in writing by the member of Council in whose ward an outdoor pay telephone is located in the right-ofway or on private property, or upon receipt of verbal or written citizen complaints concerning such an outdoor pay telephone, the Director of Public Safety shall conduct an investigation into whether the installation and maintenance of the outdoor pay telephone constitutes a public nuisance. Upon determination by the Director of Public Safety that a particular outdoor pay telephone constitutes a public nuisance, the Director shall order that special telephone service features as are acceptable to the Director shall be provided by the outdoor pay telephone or, if the Director determines it is necessary, that the telephone be removed. Nothing in this Section shall preclude the Director from ordering the removal of a telephone without first requiring the implementation of special features. A particular outdoor pay telephone shall constitute a public nuisance when the Director of Public Safety determines that one or more of the following conditions exist:

(1) The outdoor pay telephone has been used in the commission of illegal drug transactions or other criminal activity, or substantially contributes by its presence to the commission of illegal drug transactions or other criminal activity as evidenced by significant numbers of such crimes occurring in the vicinity of the telephone;

(2) The existence of the outdoor pay telephone has substantially contributed by its presence to the congregation of persons who have made loud noises and other disturbances that have disrupted persons residing near the telephone or disrupted business enterprises located near the telephone;

(3) The existence of the outdoor pay telephone has substantially contributed by its presence to the congregation of persons consuming alcoholic beverages, except where such consumption is expressly authorized by state license, or consuming illegal or controlled substances;

(4) The existence of the outdoor pay telephone has substantially contributed by its presence to the congregation of persons who have interfered with pedestrian or vehicular traffic in the public right-of-way near the telephone;

(5) Usage of the outdoor pay telephone between the hours of 1:00 a.m. and 5:00 a.m. is significantly and repeatedly above normal usage for similarly situated outdoor pay telephones during the same hours so as to indicate that the telephone is being used in the commission of illegal drug activity or other criminal activity;

(6) The pay telephone has been used to abuse the 911 system.

(b) The special features shall be instituted, or the owner shall remove the telephone, and restore the right-of-way to its original condition, if applicable, within five (5) business days of an order to institute special features or remove the telephone. Removal of a nuisance pay telephone shall be governed by the provisions of Section 670B.06.

(c) If the Director determines that the nuisance may be abated by the reduction in the total number of pay telephones in an area, the removal of pay telephones shall be ordered based upon the total period of time that a telephone has been permitted by the City, with the telephones permitted for the least amount of time being ordered removed first.

(d) The Director of Public Safety will inform in writing the member of Council who made the complaint regarding the pay telephone the result of such investigation and the Director shall notify the member in writing of any order issued by the

Director.

(e) If an outdoor pay telephone has been removed from a location because it is a nuisance, no other pay telephone may be installed at the same location or within 500 feet of that location for a minimum of one year.

(f) The owner of an outdoor pay telephone may appeal from the determination of a nuisance and the order of special features or removal as set forth in Section 670B.06.


670B.08 PUCO Regulations

Nothing in this Chapter shall be read so as to limit the authority of the PUCO to regulate outdoor pay telephones within the City of Cleveland, nor to conflict with the authority of the PUCO to approve any special services for pay telephones.


670B.99 Penalty

Any owner as defined in this Chapter, or any owner, lessee, or person in possession or control of private property where an outdoor pay telephone is or has been located, who violated any part of this Chapter shall be guilty of a misdemeanor and fined one hundred ($100.00) dollars for a first offense and five hundred dollars ($500.00) for a second or subsequent offense. Each day that a violation occurs or continues constitutes a separate offense.



Chapter 671 — Auctions





Power to regulate, RC 715.24, 715.63

Conduct of auction sales, RC 1302.41

Goods improperly marked as sterling, coin silver, RC 1329.26, 1329.27

State licensing of auctioneers, RC Ch 4707

License suspension or revocation, RC 4707.15


Rebuilt or second merchandise, CO 653.04

671.01 Auction License Required

No person or corporation by himself, or itself, or by any servant or agent within the corporate limits of the City of

Cleveland shall sell or offer for sale at auction any goods, wares and merchandise, except utensils of husbandry, household furniture, real estate, produce, horses, sheep, hogs, meat cattle and books, unless such person or corporation first procures a license to do so as provided in this chapter.

671.02 License Application; Fee and Issuance

The Commissioner of Assessments and Licenses, upon application in writing of any person or corporation, may upon the receipt of ten dollars ($10.00) for each auction such applicant desires to conduct to sell or offer for sale goods, wares or merchandise except as provided in Section 671.01, issue a license to such applicant, authorizing such applicant to make the sales at auction for the time therein specified, provided the Commissioner is satisfied that the applicant has complied with the requirements of State laws regulating the listing of such goods, wares and merchandise for taxation, and has paid the taxes thereon.

(Ord. No. 2588-80. Passed 6-1-81, eff. 6-23-81)

671.03 Bills of Sale

There shall be delivered to the purchasers of articles made at the auction sales, a bill of sale in such form as is prescribed by the Commissioner of Assessments and Licenses.

671.04 Sales to Minors; Licensee's Bond

No authorized sales shall be made to minors. Every auction licensee shall make and execute a bond of five hundred dollars

($500.00) with surety, to the approval of the Director of Finance, that the licensee will comply with all the laws of the

State and the ordinances of the City in regard to sales at auction.

671.05 Shills Prohibited

The auction licensee shall not allow to be present at any auction sale any person who shills; namely, a person who in collusion with the auctioneer enters false bids on the articles offered for sale for the purpose of advancing the bid price thereon. The licensee under this chapter shall not allow shilling at auction sales.

671.06 License Revocation

The Commissioner of Assessments and Licenses may revoke the license of any licensee, under the terms of this chapter, who is found guilty of violating any of the provisions hereof. Any person whose license is revoked shall not be granted another license before the expiration of one year following the date of revocation.

671.07 Legal Process Exempted

This chapter shall not extend to an officer, person or corporation executing a process or order of court for selling property directed by law or by legal process or order to be sold by public vendue, auction or outcry.

671.08 Definitions; Legislative Intent

(a) As used in this chapter:

(1) "Public auction" means a sale or offering for sale to the highest bidder of any gold, silver, plated ware, precious stones, watches, clocks or jewelry or like merchandise, in any building, or any of the streets or alleys or any other public place, where any and all persons who choose are permitted to attend and offer bids.

(2) "Stock on hand" means such gold, silver, plated ware, precious stones, watches, clocks or jewelry which a merchant usually and ordinarily carries through the year, and does not include gold, silver, plated ware, precious stones, watches, clocks, jewelry or like merchandise purchased or otherwise acquired especially and purposely for sales at public auction.

(3) The words used in this chapter shall be subject to the interpretation provided by Section 101.03 of the Codified

Ordinances.

(b) It is hereby declared the legislative intent that jewelry auction sales as herein defined shall be held only to liquidate estates and businesses and to avoid bankruptcy or the like, and shall not be permitted as established merchandising

practice.

(Ord. No. 1301-A-44. Passed 5-7-45)

671.09 Jewelry Auction License Required

No person shall sell or offer for sale at public auction any gold, silver, plated ware, precious stones, watches, clocks, jewelry or like merchandise, whether the same is his property or that of another, unless licensed to do so as provided in this chapter. Nothing in this section shall be deemed to apply to any person executing a process or order of a court of competent jurisdiction, nor to licensed pawnbrokers or loan companies selling or offering for sale unredeemed pledges or chattels in the manner provided by law.

(Ord. No. 1301-A-44. Passed 5-7-45)

671.10 Application for Jewelry Auction License

An applicant for the license required by Section 671.09 shall file an application with the Commissioner of Assessments and

Licenses not later than thirty days prior to the auction sale to be licensed upon forms prescribed by the Commissioner.

The application shall include, in addition to the name and address of the applicant, and the location and time of the proposed auction sale, a sworn statement of the stock on hand and the stock to be offered at auction, the quality, quantity, kind or grade of each item, the wholesale market value thereof and the name of the owner of such merchandise for at least one year prior to the proposed auction sale, and such other information as the Commissioner prescribes. The application shall be accompanied by a certified copy of the auctioneer's license required by State laws.

(Ord. No. 1301-A-44. Passed 5-7-45)

671.11 Jewelry Auction Licensee's Bond

Every applicant for the license required by Section 671.09 shall execute and file with the Commissioner of Assessments and Licenses a good and sufficient bond of two thousand five hundred dollars ($2,500), with two or more sureties thereon who shall be freeholders within the City, or with the surety thereon a surety company authorized to do a business in the

State. Such bond shall be to the approval of the Director of Law, and shall be conditioned upon faithful observance of all the conditions of this chapter. Such bond shall also indemnify any purchaser at a public auction who suffers any loss by reason of misrepresentations in such sale. Such bond shall continue in effect until the expiration of the statute of limitations on all claims secured by such bond. The licensee shall notify the Commissioner of any suit filed as a result of the operations hereby licensed. Any purchaser claiming to have been damaged by misrepresentation in an auction sale may maintain an action at law against the licensee, making such misrepresentations, and may join as party defendant the surety or sureties on the bond.

(Ord. No. 1301-A-44. Passed 5-7-45)

671.12 Licensee's Hearing; License Fee

Upon receipt of the application specified in Section 671.10, the Commissioner of Assessments and Licenses shall set a time and place for public hearing thereon not later than two weeks thereafter, notice of which shall be published in the City

Record. When satisfied as a result of such public hearing or otherwise that neither any fraud nor deception in the conduct of the sales or in the advertising thereof, nor any misrepresentation of the goods to be sold, is intended or will be practiced, the Commissioner upon receipt of the bond required by Section 671.11 duly approved by the Director of Law as to form and the Director of Finance as to sufficiency, shall issue to the applicant a license for which application has been made. The license fee shall be one hundred dollars ($100.00) for the first thirty days or less and the renewal fee shall be one hundred dollars ($100.00) for an additional thirty days or less.

(Ord. No. 1301-A-44. Passed 5-7-45)

671.13 Sale Prohibitions; License Issuance Restrictions

No sale by auction shall be licensed or held in the month of December. No sale by auction shall be licensed or permitted for a period of more than thirty days, Sundays and legal holidays excepted. The thirty days shall be consecutive except as

to Sundays and legal holidays, and from December 1 to December 31, inclusive, except that if the licensee does not sell the quantity of merchandise permitted under Section 671.15, he may make application for an extension of the thirty day period. No sale by auction shall be held or open for business between the hours of 6:00 p.m. and 8:00 a.m. of the following morning under any circumstances, and no license shall permit such sales. No license shall be issued for the sale of stock on hand of any person who has not been for the period of one year next preceding such sale, continuously engaged in the City in the business of selling such merchandise at wholesale or retail. Nor shall a license be issued for the sale or offering for sale at public auction of stock on hand by any purchaser thereof from a person that has not been for the period of one year next preceding any such purchase, continuously engaged in and upon the same premises wherein the sale is to be held, in the business of selling such merchandise at wholesale or retail. No license shall under any circumstances be granted to any person within a period of two years after the termination of such sale by auction held or conducted by such person. No person who has been convicted of violating any of the provisions relating to the conduct of jewelry auctions shall be granted a license or act as auctioneer or be employed in any manner at or in connection with any sale or auction licensed by this chapter for a period of five years after such conviction.

(Ord. No. 1301-A-44. Passed 5-7-45)

671.14 Article Labeling Requirements

No person licensed hereunder shall offer for sale by auction any article to which there is not attached a card, ticket or label containing a true and correct statement plainly written or printed in English specifying the kind and quality of the metal of which such article is made or composed, or the percentage, karat or purity of such metal. If such articles are plated or overlaid, then such tag or label shall contain a true statement of the kind of plate. When precious stones are for sale or sold by auction as such or as part of an article of jewelry, such written statement shall set forth the true name, weight and quality of such stone or stones. When semiprecious stones are offered for sale or sold by auction as such or as part of an article of jewelry, such written statements shall set forth the true name of the stones. When imitations of precious or semiprecious stones are offered for sale or sold by auctions as such or as part of an article of jewelry, the imitations shall be described or defined as synthetic or imitations of such stones as they purport to represent. When watches and clocks are sold the true names of the manufacturers shall be stated in writing and no parts of the movements or mechanism thereof shall be substituted or contain false and misleading names or trademarks; neither shall secondhand or old movements be offered for sale in new cases without a true statement to that effect. Used and rebuilt watches should be so indicated in accordance with Section 653.04. Such tag or label shall remain securely attached to any such article or merchandise, shall be delivered to the purchaser as a true and correct description and representation of the article sold and shall be deemed prima-facie evidence of intent to defraud in case such written statement is not a true and correct description and representation of the articles sold.

(Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)

671.15 Limitations on Sale Merchandise

During any sale by auction no additions whatsoever shall be made to the stock of merchandise set forth in the inventory attached to the license application. Nothing shall be offered for sale or sold at any sale by auction which is in addition to the stock of merchandise described in the inventory, or which has been added to the applicant's stock within a period of thirty days prior to the date the applicant filed application for a license. Under no circumstances shall the inventory offered for sale at auction exceed by fifty percent the average inventory carried by the applicant over the preceding five year period. If the applicant has been in business less than five years, the inventory offered for sale at auction shall not exceed by fifty percent the average inventory carried for the period of time the applicant has been in business. Any abnormal purchases during the year prior to the license application shall be cause for refusal to issue such license.

(Ord. No. 1301-A-44. Passed 5-7-45)

671.16 Misrepresentation

No licensee, his agents or employees shall make any statements which are false in any particular, or which have a tendency to mislead or to make any misrepresentations whatsoever with reference to any article sold or offered for sale during an

auction.

(Ord. No. 1301-A-44. Passed 5-7-45)

671.17 Shills Prohibited at Jewelry Auction

No person shall act at any jewelry sale as bidder, or what is commonly known as a "capper," "booster" or "shiller," or offer or make any false bid, or offer any false bid to buy or pretend to buy any article sold or offered for sale at any sale by auction.

(Ord. No. 1301-A-44. Passed 5-7-45)

671.18 Auction Attendance by Licensee

The person to whom the license has been granted shall remain in continuous attendance at all times while the sale by auction is being conducted, and shall be responsible for any violation of the provisions of this chapter.

(Ord. No. 1301-A-44. Passed 5-7-45)

671.19 Additional Regulations

The Commissioner of Assessments and Licenses shall have the power to make such further regulations not inconsistent with the purpose and intent of this chapter as he may from time to time deem necessary or desirable. However, any such regulations before becoming effective shall first be published at least once in the City Record.

(Ord. No. 1301-A-44. Passed 5-7-45)

671.20 License Revocation or Suspension

The Commissioner of Assessments and Licenses upon the recommendation of the Chief of Police, or upon his own initiative, may at any time revoke or suspend the license granted under authority of this chapter for any violation of the requirements thereof or of any law relating to the business so licensed or for failure to comply with the terms of this chapter.

(Ord. No. 1301-A-44. Passed 5-7-45)

671.21 Appeals

In case of the refusal to issue a license or the revocation or suspension of a license by the Commissioner of Assessments and Licenses, the applicant or licensee may appeal from such order to the Board of Zoning Appeals established by Charter

Section 76-6. Notice of such appeal shall be in writing and shall be filed with the Commissioner within ten days after the making of such order. The Board within ten days after the filing with the Commissioner of such notice of appeals shall proceed with the hearing of such appeal, at which hearing all parties interested shall be afforded an opportunity to be heard. The Board shall approve, modify or annul such order from which the appeal has been perfected. The finding of the

Board shall be final on all parties thereto.

(Ord. No. 1301-A-44. Passed 5-7-45)

671.99 Penalty

Whoever violates any of the provisions of this chapter shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for the first offense, and for each subsequent offense, not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) and may be imprisoned not more than ninety days or both. Each separate sale or offering for sale at public auction of any article of gold, silver, plated ware, precious stones or imitations thereof, watches, clocks, jewelry or like merchandise in violation of the provisions of this chapter constitutes a separate offense.

(Ord. No. 1301-A-44. Passed 5-7-45)


Chapter 672 — Christmas Tree Sales



Transportation of Christmas trees, RC Ch 4551

672.01 License Required

On and after February 1, 1959, no person, firm or corporation, or any agent thereof, shall engage in the sale of Christmas trees in the City, except pursuant to a special license for specific premises for a limited period, not to exceed thirty days, in any one year, unless such sale is incidental to and upon premises of an established horticultural business in the City, or unless it is a business for which an annual license has been issued by the City, and is in full force and effect, and the sale will be conducted upon the same premises for which such annual license was issued, or unless such person, firm or corporation, or any agent thereof has been established in its business location prior to June 1 of that year, and the sale will take place upon the same premises. However, any business not annually licensed by the City that desires to engage in the sale of Christmas trees shall first register with the Commissioner of Assessments and Licenses as to its intention to engage in such sale, and provided further that no license or registration for the casual sale of Christmas trees shall be required of any church or charitable institution which is the recipient of the entire proceeds from such sale.

(Ord. No. 1330-58. Passed 3-9-59, eff. 3-16-59)

672.02 License Issuance; Fee

Before December 1st of the year in which the sale is to take place, an applicant for the license required by Section 672.01 shall file an application with the Commissioner of Assessments and Licenses on forms provided by the Commissioner. The forms shall include the name and address of the person, firm, or corporation on whose behalf the sale is to be conducted, the dates during which the sale will take place, the location where the sale will take place, the approximate value of the trees proposed to be sold at the sale and other information as the Commissioner reasonably requires. The Commissioner, when satisfied as to the truth of any application, shall issue a license for the sale of Christmas trees for a period not exceeding thirty days. Any person, firm, or corporation to whom a license is granted shall pay a fee of fifty dollars ($50.00) to the Commissioner.

(Ord. No. 2393-02. Passed 2-3-03, eff. 2-3-03)

672.03 Tree Placement on Street Prohibited

No person, firm or corporation to whom a license is issued under the provisions of Section 672.02 shall place, allow or permit to be placed upon any sidewalk, street, alley or other public ground any Christmas tree, branches thereof or any other type of Christmas decorations or trimmings. The Commissioner of Assessments and Licenses shall revoke the license of the licensee upon a conviction of a violation of the provisions of this section. The Division of Police shall enforce the provisions of this section.

(Ord. No. 1330-58. Passed 3-9-59, eff. 3-16-59)

672.99 Penalty

Whoever violates any of the provisions of this chapter shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), and may be imprisoned not more than thirty days, or both.

(Ord. No. 1330-58. Passed 3-9-59, eff. 3-16-59)


Chapter 673 — Going-Out-of-Business Sales





Bankruptcy sale, trade practices, RC 1333.35 et seq.


No person, firm or corporation in the business of the retail sale of goods, wares or merchandise shall sell, offer for sale, announce or advertise for sale, such goods, wares or merchandise without first obtaining a license as provided in this chapter, when such sale is described or referred to either directly or indirectly in form or in substance as a going-out-ofbusiness sale, removal, loss, termination, loss or expiration of lease, closing out, liquidation, creditors, damaged goods, forced sale, distressed stock or by any other term which reasonably leads the public to believe that the owner or offerer of such goods, wares or merchandise either by choice or necessity will no longer continue to engage in business, at the same location. Nothing in this section shall be deemed to apply to any person, firm or corporation who sells, offers for sale, announces or advertises for sale goods, wares or merchandise at a reduction in price when such reduction in price is made in the normal course of business operations; nor to any person executing a process or order of a court of competent jurisdiction; nor to a creditor's sale, conducted by a licensed auctioneer, which does not exceed one day's duration.

(Ord. No. 994-56. Passed 6-18-56, eff. 6-20-56)

673.02 License Application

(a) Each applicant for a license required by Section 673.01 shall make application to the Commissioner of Assessments and Licenses prior to the advertising or offering for sale of any goods, wares or merchandise. Such application shall be on forms provided by the Commissioner, which shall include in addition to the name and address of the applicant, the name and address of the person, firm or corporation on whose behalf such sale will be conducted if such is other than the applicant, the date when such sale shall commence, the complete inventory including the quality, kind, character and wholesale market value of the goods, wares or merchandise to be offered for sale. Such information shall be prepared in the following manner:

(1) A listing of all goods, wares or merchandise which has been in stock fifteen days or longer prior to the date of such application;

(2) A list of all goods, wares or merchandise received in stock within the fifteen days immediately prior to the date of such application;

(3) A list of all goods, wares or merchandise which has been or will be ordered and placed in stock during the pendency of such sale;

(4) Such other information relative to the business as may be deemed necessary by the Commissioner.

(b) If the inventory itemized in the original application is not disposed of within the required time the Commissioner may, as hereinafter provided, renew such license. The fee for such renewal shall be determined by the wholesale value of the inventory itemized in an application for license renewal, which form shall be provided by the Commissioner.

(Ord. No. 994-56. Passed 6-18-56, eff. 6-20-56)

673.03 License Fees

Each application for a license or license renewal for any thirty day period or part thereof shall be accompanied by the following fee:

Itemized Inventory Fee

Not more than $5,000 $10.00

$5,000 to $10,000 25.00

$10,000 to $25,000 50.00

More than $25,000 75.00

(Ord. No. 2588-80. Passed 6-1-81, eff. 6-3-81)

673.04 Licensee's Bond

Each license applicant shall execute and file with the Commissioner of Assessments and Licenses a good and sufficient bond of two thousand five hundred dollars ($2,500), except that such bond shall not be required when the wholesale market value of the goods, wares or merchandise to be offered for sale is not in excess of five thousand dollars ($5,000), with two or more sureties thereon who shall be freeholders within the City, or with the surety thereon a surety company authorized to do business in the State. Such bond shall be to the approval of the Director of Law, and conditioned upon faithful observance of all the conditions of this chapter, and shall also indemnify any purchaser who suffers any loss by reason of misrepresentations in a licensed sale. The bond shall continue in effect for a period of one year. The licensee shall notify the Commissioner of any suit filed as a result of the licensed operations. Any purchaser claiming to have been damaged by misrepresentation in a sale may maintain an action at law against the licensee making such misrepresentations, and may join as party defendant the surety or sureties on the bonds as provided in this chapter.

(Ord. No. 994-56. Passed 6-18-56, eff. 6-20-56)

673.05 Hearing; License Issuance

Upon receipt of any license application the Commissioner of Assessments and Licenses shall set a time and place for public hearing thereon. When satisfied as a result of such public hearing or otherwise that neither any fraud nor deception in the conduct of the sales or in the advertising thereof, nor any misrepresentation of the goods to be sold is intended or will be practiced and that such applicant has complied with all requirements of law, the Commissioner, upon receipt of the bond required by Section 673.04, duly approved by the Director of Law as to form and sufficiency, shall issue a license to the applicant.

(Ord. No. 994-56. Passed 6-18-56, eff. 6-20-56)

673.06 License Issuance Limitations; Renewal

No sale referred to in Section 673.01 shall be licensed or permitted for a period of more than thirty days, Sundays and legal holidays excepted. The thirty days shall be consecutive except as to Sundays and legal holidays. However, if the licensee does not sell the quantity of merchandise listed in the application for a license he may make application for extension of such license to the Commissioner of Assessments and Licenses. If upon investigation the Commissioner is satisfied as to the truth of the statements contained in the application for renewal, he shall issue a renewal license for a period not exceeding thirty days. It is further provided that a maximum of two such renewals may be granted, except that if cause is shown to the satisfaction of the Commissioner, additional thirty-day renewals may be granted until all the disposable inventory listed in the original application for a license is sold. No license shall be issued to any person, firm or

corporation to conduct a sale at the same location where such applicant has terminated a prior sale licensed hereunder within a period of eighteen months subsequent to the termination of such prior sale; nor shall a license be issued to a purchaser of stock at a sale licensed hereunder for a period of eighteen months subsequent to such purchase if the purchaser continues to conduct business under the same firm name as that used by the seller of such stock without having adopted a reasonable means of advertising the change in ownership to the public, or where no bona fide change in ownership has taken place and the purchase was a sham transaction intended to deceive the public. Nor shall a license be issued to any person, firm or corporation who has not been for a period of sixty days next preceding such sale, continuously engaged in the City in the business of selling goods, wares or merchandise at retail. No person who has been convicted of violating any of the provisions pertaining to a licensed sale shall be issued a license to conduct such a sale or be employed in any manner in the conduct of such a sale for a period of two years subsequent to such conviction.

(Ord. No. 994-56. Passed 6-18-56, eff. 6-20-56)

673.07 Inventory Limitation

No additions whatsoever shall be made to the stock of goods, wares or merchandise set forth in the inventory attached to the application for the required license, and nothing shall be offered for sale or sold at any such sale which is in addition to the stock of goods, wares or merchandise described in the inventory. Under no circumstances shall the inventory offered for sale exceed fifty percent of the average inventory carried by the applicant over the preceding five years. If the applicant has been in business for a lesser period of time, the inventory offered for sale shall not exceed by fifty percent the average inventory carried for the period of time the applicant has been in business. Any abnormal purchases during the year prior to the application for a license shall be cause for refusal to issue the license.

(Ord. No. 952-54. Passed 6-28-54, eff. 7-2-54)


The Commissioner of Assessments and Licenses, upon recommendation of the Chief of Police, or upon his own initiative, may at any time revoke or suspend a license for any violation of this chapter or of any law or ordinance relating to the conduct of such business.

(Ord. No. 952-54. Passed 6-28-54, eff. 7-2-54)

673.09 Appeals

In case of the refusal to issue a license or the revocation or suspension of a license by the Commissioner of Assessments and Licenses, the applicant or licensee may appeal from such order to the Board of Zoning Appeals established by Charter

Section 76-6. Notice of such appeal shall be in writing and shall be filed with the Commissioner within ten days after the making of such order. The Board, within ten days after the filing with the Commissioner of such notice of appeal, shall proceed with the hearing of such appeal, at which hearing interested persons shall be afforded an opportunity to be heard.

Such Board shall approve, modify or annul such order from which the appeal has been perfected, and the finding of such

Board shall be final on all parties thereto.

(Ord. No. 952-54. Passed 6-28-54, eff. 7-2-54)

673.99 Penalty

Whoever violates any of the provisions of this chapter shall be guilty of a misdemeanor and fined not more than five hundred dollars ($500.00) and may be imprisoned not more than thirty days, or both. Each separate sale or offering for sale constitutes a separate offense.

(Ord. No. 952-54. Passed 6-28-54, eff. 7-2-54)


Chapter 674 — Handgun Possession and Sale




Unlawful weapon transactions, CO 627.06

Minors possessing weapons, CO 627.08

Voluntary handgun disposition, CO 627.12



(a) "Handgun" means any pistol, revolver or other firearm, having a barrel not exceeding twelve inches in length, measured by the insertion of a rod with the receiver or slide closed, or the barrel, receiver or any part of the firing mechanism of such weapon, which is designed to eject or propel a projectile by the action of an explosive or combustible propellant, but does not include inoperable handguns which cannot be rendered operable, curios, relics or antique handguns as presently or hereafter defined in Title 27, Part 178 of the Code of Federal Regulations, Commerce in

Firearms.

(b) "Dealer" means any person, firm or corporation engaged in the business of selling or trading handguns at wholesale or retail within the limits of the City, whether as the principal business of such person, firm or corporation, or in addition thereto.

(c) "Resident" means any person who has a place of residence within the limits of the City of Cleveland.

(d) "Nonresident" means any person who does not have a place of residence within the limits of the City of Cleveland.

(e) "Identification card" means a handgun owner's identification card issued pursuant to Section 674.04.

(f) "Registration card" means a handgun registration card issued pursuant to Section 674.05.

(Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)

674.02 General Prohibitions

(a) No person shall sell, purchase, own, possess, transfer, give, deliver, receive or have on or about his person or use any handgun which does not contain an engraved serial number or other numerical identification. However, this prohibition shall not apply to any person who is in possession of such handgun on the effective date of this section, and who within a period of thirty days thereafter presents such handgun to the Division of Police, which shall inscribe thereon a serial number pursuant to law.

(b) No person shall receive or possess any handgun unless such person has an identification card issued to him and in effect, and a registration card for each such handgun, except to the extent that he is exempt pursuant to Section 674.06 from such requirement.

(c) No person shall have on or about his person or use any handgun unless such person has in his possession an identification card issued to him and in effect, and a registration card for each such handgun, except to the extent that he is exempt pursuant to Section 674.06 from such requirement.

(d) No person shall deliver, transfer or furnish any handgun to any person unless the transferee exhibits at the time of transfer an identification card valid on its face and issued to the transferee, and a registration card for each such handgun, except to the extent that he is exempt pursuant to Section 674.06 from such requirement.

(e) No person shall use or attempt to use his handgun owner's identification card to obtain any handgun for any person who does not have a handgun owner's identification card issued to him and in effect pursuant to this chapter. No person shall knowingly permit his identification card to be used by another to purchase, own, possess, receive, have on or about the person or use any handgun or handgun ammunition.

(Ord. No. 1107-76. Passed 5-10-76, eff. 5-14-76)

674.03 Handguns Confiscated

Any handgun which any person owns or possesses in violation of any of the provisions of this chapter shall, upon conviction of such person, be confiscated and destroyed by the Division of Police, except that any such handgun which has been reported stolen pursuant to Section 674.10 shall be returned to the owner thereof unless possession thereof by the owner would constitute a violation of any provision contained in this chapter.


674.04 Handgun Owner's Identification Card; Application; Prohibitions

(a) Application for an identification card shall be made in writing, and shall be accompanied by an application fee of fifteen dollars ($15.00) which shall be paid into the treasury of the City, with a separate accounting made for it. If it does not appear upon investigation that the applicant is prohibited by this section from being issued an identification card, the

Chief of Police shall issue an identification card to the applicant no sooner than seven (7) days and no more than sixty (60) days after the date of application.

For purposes of procuring an identification card, any and all forms and applications required shall be available, and may be filled out at the Central Police Station or any district police station.

(b) All handgun identification cards issued under this section shall be entitled "City of Cleveland, Ohio, Handgun Owner's

Identification Card," be serially numbered according to a system devised by the Chief of Police; bear the date of issue, the date of expiration, the name of the Chief of Police, and the applicant's name, home address, birth date, physical description, and full face photograph; and shall be signed by the holder. A copy of each identification card shall be retained by the Chief, together with a copy of the application, which documents shall be maintained on permanent file by the Chief and shall be confidential and shall not be deemed a public record nor be disclosed to unauthorized persons.

(c) An identification card shall expire three (3) years after the birthday of the applicant that follows the date of issuance.

(d) An identification card shall not be issued to:

(1) A person now or subsequent prohibited by Section 2923.13 of the Revised Code from knowingly acquiring, having, carrying, or using any firearm or dangerous ordnance;

(2) A person under twenty-one (21) years of age;

(3) A person convicted of an illegal use or possession of narcotics;

(4) A person with more than one conviction of being drunk and disorderly or driving a motor vehicle while intoxicated, either of which occurs within one (1) year before the date of application;

(5) Any person with more than one conviction of a misdemeanor involving the use of force and violence, or the threat of the use of force and violence against the person of another within two (2) years before the application for the identification card.

(e) No person shall knowingly give any false information in making application for an identification card, and no person shall use or attempt to use an identification card to purchase, own, possess, receive, have on or about his person, or use any handgun, knowing the identification card belongs to another, or knowing it was obtained by means of false information, or when it is void by reason of the holder becoming a member of the class of persons prohibited by division

(d) of this section from being issued an identification card.

(f) A possessor of an identification card shall become ineligible to possess such a card if he becomes one of that class of persons to whom an identification card cannot be issued under division (d) of this section, then that person shall immediately forfeit the card and return it to the Chief of Police. Any and all handguns owned by that person or in their possession shall be confiscated and disposed of by the Division of Police as provided in Section 674.03.

(Ord. No. 2393-03. Passed 2-3-03, eff. 2-3-03)

674.05 Registration of Handguns; Application; Fee

(a) Application for a handgun registration card shall be made in writing by the person claiming to be the owner of the handgun to be registered at any office where identification cards may be issued under Section 674.04. The application shall be accompanied by an application fee of two dollars ($2.00) for each handgun to be registered, which shall be paid into the Treasury of the City, with separate accounting made for it When satisfied that the applicant holds a valid identification card and is not in that class of persons prohibited from holding the same, a registration card shall be issued to the applicant no sooner than three (3) days and no more than sixty (60) days after the date of application.

(b) All registration cards issued under this section shall be entitled "City of Cleveland, Ohio, Handgun Registration Card;" be serially numbered according to a system devised by the Chief of Police; bear date of issue, the name of the Chief of

Police, the applicant's name, home address, identification card number, the signature of the applicant; and contain the name, type, caliber, and serial number of the handgun. A copy of each registration card shall be retained by the Chief, together with a copy of the application, which documents shall be maintained on permanent file by the Chief and shall not be deemed a public record nor be disclosed to unauthorized persons.

(c) Any person who sells or otherwise transfers possession of a registered handgun shall, within five days of the date of transfer of possession of the handgun, surrender the registration card for the handgun with the name, address, or social security number, and identification card number, if required by law, of the buyer endorsed on it, to any office where identification cards are issued, and obtain a receipt for it. The office receiving the same shall immediately cancel the registration card.

(Ord. No. 2393-02. Passed 2-3-03, eff. 2-3-03)


(a) The following shall be exempt from the provisions of this chapter:

(1) Any state of the United States, the United States or any political subdivision, department or agency of either;

(2) An officer or agent of any state of the United States, or any agency of either, a member of the organized militia of any state or the armed forces of the United States, or a law enforcement officer of any political subdivision, but only to the

extent that his official duties require him to purchase, own, possess, receive, carry or use handguns and not for the personal use of such individual.

(b) The requirements of an identification card and registration card contained in Sections 674.04 and 674.05 shall not apply to:

(1) A holder of a dealer's license issued pursuant to Section 674.07.

(2) A nonresident of the City who holds and exhibits upon request a valid permit, authorization or identification issued by the chief of police or the sheriff of his place of residence, to purchase, own, possess, receive, carry or use any handgun. It is provided further that handguns in the possession of or under the control of nonresidents shall at all times be unloaded and encased, except while on a suitable firing range, or while being used for lawful hunting, or while unloaded at a public firearms display, show or exhibition.

(3) A new resident of the City, during a period not exceeding thirty days after he becomes a resident. However, such person shall possess and exhibit upon request such valid permit, authorization or identification as may be required by the laws of his former domicile to own, possess, receive or have on or about the person any handgun, or proof of former residence in a jurisdiction which does not require the same.

(4) An executor, administrator, guardian, receiver, trustee in bankruptcy, or other fiduciary duly qualified and appointed by a court of competent jurisdiction, when acting in his fiduciary capacity, and an attorney for such a person, when such handgun constitutes property of the estate or trust, but not for the personal use by such individual.

(5) The next of kin or legatee of a decedent acquiring a handgun through distribution of an estate, during a period not exceeding thirty days from the date of his coming into possession thereof, but in any event not more than fifteen days after the appointment of an executor, administrator or other fiduciary.

(6) Carriers, warehousemen and others engaged in the business of transportation and/or storage and their employees, to the extent that the possession, receipt or having on or about the person of any handgun is in the ordinary course of business and in conformity with State or Federal laws, but not for the personal use of any such person.

(7) A person owning or possessing any handgun on February 9, 1976, who files an application for an identification card during a period not to exceed 100 days from such date, until such application is granted or denied. During any 100-day period, any person required to register a handgun shall cause the handgun to be brought, unloaded and securely wrapped, to the Central Police Station or to a district police station for verification of its type, caliber and serial number.

(8) A Federally licensed manufacturer of handguns.

(Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)

674.07 Handgun Dealer's License; Fee

(a) Every dealer in the City shall procure a license to engage in such business. Any dealer engaged in such business at more than one location in the City shall procure a separate license for each such location.

Application for a dealer's license shall be made in writing at the office of the Chief of Police and shall be accompanied by an application fee of one hundred dollars ($100.00), which shall be paid into the City treasury, with a separate accounting made therefor. If it appears upon investigation that the applicant holds a Federal dealer's license, the Chief of Police shall issue a dealer's license to the applicant within not less than seven days nor more than sixty days from the date of application. A copy of each dealer's license shall be retained by the Chief, together with a copy of the application, which documents shall be maintained on permanent file by the Chief.

(b) A dealer's license shall remain in effect for one year or until such time as it is revoked, surrendered or the dealer discontinues business as a dealer. Licenses issued pursuant to the provisions of this section are not transferable.

(c) Notwithstanding the provisions of division (a) hereof, no dealer's license shall be issued to any applicant whose dealer's license has been revoked, nor to any applicant who has been convicted of a violation of any provision of this chapter, until the expiration of five years from the effective date of such revocation or five years from the date of conviction. The license issued pursuant to this section shall be prominently displayed by every dealer at his place of business.

(d) The issuance of a dealer's license shall be restricted to locations within a general retail district or a semi-industrial district. Further, a dealer's license shall not be issued to an applicant whose location is within 1,000 feet of a school, church, day care center, liquor establishment or another handgun dealer.

(e) Ninety days after February 9, 1976, no person, firm or corporation shall engage in business as a dealer in the City without a dealer's license. Each day of continuing violation of this section shall be deemed a separate offense.

(f) No dealer, or any agent or employee of a dealer, shall fail to comply with this section or knowingly cause any false information to be entered on a record of purchase or sale of any handgun. No purchaser of any handgun shall give any false information for entry on such record of sale.

(Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)


(a) When any licensed dealer has been convicted of a violation of any of the provisions of this chapter, the Chief of Police shall revoke the license of such dealer. A certified copy of the order of revocation shall be sent forthwith to the dealer, who may appeal such order or revocation to the Director of Public Safety within ten days from the receipt of the order. The

Director of Public Safety shall conduct a hearing upon such appeal within ten days from the receipt of a written notice of appeal from such order or revocation.

(b) No dealer shall employ, or enter into any partnership or corporation with any person, firm or corporation whose dealer's license has been revoked.


674.09 Handgun Dealer's Records

(a) Every dealer shall maintain records of the purchase and sale of handguns. Such records shall be maintained on forms prescribed by the Chief of Police; contain the name of the dealer; and identify each handgun by manufacturer, model number or name, type, caliber and serial number. If such weapon is other than a standard model, or has been modified and improved, the record of sale shall give a brief description of the weapon including such information as may be necessary to identify it.

(b) The record of purchase shall also contain the name of the person from whom each handgun was purchased and the serial number of the seller's identification card, if any, and the serial number of the registration card of each handgun, if any.

(c) The record of sales shall also contain the place and date of the sale; the name, address, age and Social Security number of the purchaser; the serial number of the identification card of the purchaser, if any, or if the purchaser is a nonresident of Cleveland who is exempt from the requirement of an identification card pursuant to Section 674.06(b)(2), then such information as is contained in a valid and effective permit, authorization or identification issued at the purchaser's place of residence. The record of the sale shall also include the serial number of the registration card issued to the purchaser with respect to the handgun purchased. In the case of a sale from one dealer to another, the license number of the dealer shall

be recorded instead of the serial numbers of the identification card and registration card. The record of any sale required to be made under this section shall be turned over to the Chief within twenty-four hours of the sale.

(d) The Chief shall keep permanent records of all sales and transfers of handguns as required in this chapter, together with all copies of and applications for identification cards and registration cards. Such records shall be kept in such manner as to record all of the handguns in the ownership and/or possession of all persons who have been issued an identification card or registration card. Such records shall not be deemed public records and shall not be disclosed to unauthorized persons.

(Ord. No. 1107-76. Passed 5-10-76, eff. 5-14-76)

674.10 Stolen or Lost Handguns; Reports

Whenever any handgun is stolen or lost, the person losing possession thereof shall, immediately upon discovery of such theft or loss, make a report thereof to the Chief of Police showing the following:

(a) Name, address and Social Security number of the person owning or having possession of such handgun;

(b) Kind of handgun;

(c) Serial number of handgun;

(d) Model;

(e) Caliber;

(f) Manufacturer of handgun;

(g) Handgun registration card number, if any;

(h) Date and place of theft or loss;

(i) A complete statement of the facts and circumstances surrounding such theft or loss.


674.11 Construction and Interpretation

Wherever possible the provisions of this chapter shall not be deemed to be in conflict with the provisions of Chapter 627, but wherever possible shall be construed so as to give effect to both chapters. However, when a provision of this chapter conflicts or duplicates a provision of Chapter 627, the more restrictive provision and/or penalties shall control and govern.


674.99 Penalty

Whoever violates any of the provisions of this chapter shall be fined not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000), or imprisoned not more than twelve months, or both. Each day such violation is continued or permitted to continue constitutes a separate offense.



Chapter 674A — LATE NIGHT RETAIL ESTABLISHMENTS




(a) "Late night retail establishment" shall mean any commercial enterprise which is open at any time between the hours of midnight and 6:00 a.m. and derives fifty percent (50%) or more of its gross income from the sale of goods, merchandise, or other articles of value, which are sold in their original containers, excluding commercial enterprises which conduct their business exclusively by means of drive-thru windows made with security glass.

(b) "Security guard" shall mean a person engaged for hire as a watchman, guard, private policeman or other person whose primary duty is to protect persons or property or both and is a class A or C licensee pursuant to Chapter 4749 of the

Revised Code or a registered employee of same and meets all requirements imposed by that Chapter, and also meets all requirements that may be imposed by Chapter 109 of the Revised Code and Chapter 670 of these Codified Ordinances.


674A.02 Security Measures at Late Night Retail Establishments

(a) The owner or person in charge of a late night retail establishment shall provide security measures during any period of time that the late night retail establishment is open for business to the general public between the hours of midnight and

6:00 a.m.

(b) As used in division (a), "security measures" means:

(1) Providing a security guard to patrol the premises, including any parking lot, and otherwise be visible; or

(2) Providing all of the following:

A. A drop-safe on the premises which must weigh at least 500 pounds or be bolted to the floor; and

B. A posted sign in the window stating that there is a safe on the premises that is not accessible to employees on duty. Such sign shall be placed in a conspicuous place so as not to obstruct the interior of the store from the street; and

C. All cash registers positioned so that they are visible from the street; and

D. A posted sign in the window stating that the cash register contains fifty dollars ($50.00) or less. Such sign shall be placed in a conspicuous place so as not to obstruct the interior of the store from the street; and

E. Sufficient lighting to the entire exterior area of the store that is utilized by employees and patrons. The intensity of the lighting shall be at a minimum of five footcandles per square foot as measured at ground level; and

F. An alarm system on the premises and available for use by employees in case of emergency which transmits a signal to an alarm system company which will alert the Division of Police of the emergency. Such system must be maintained in proper working order at all times; and

G. If fewer than two (2) employees are working at any time between the hours of midnight and 6:00 a.m., a video monitoring and recording system on the premises of a type approved by the Chief of Police which monitors the interior area of the store. Such system must be capable of immediately producing a retrievable image on film or tape that can be a permanent record and that can be enlarged through projection or other means. Such system must be maintained in proper

working order at all times.


674A.99 Penalty

Whoever violates the provisions of Section 674A.02 shall be guilty of a misdemeanor of the fourth degree.



Chapter 675 — Peddlers and Produce Dealers





Power to inspect food products, RC 715.46

Power to regulate, RC 715.61 et seq.

Sale of fresh fruits and vegetables, RC 925.21 et seq.

License revocation, RC 2961.03

Peddlers, CO Ch 682

675.01 Definitions; Chapter Scope

(a) For purposes of this chapter:

(1) “Commissioner” means the Commissioner of Assessments and Licenses.

(2) “Peddling” means selling, hawking, offering or displaying for sale, or soliciting another to purchase, for present or future delivery any goods, wares, merchandise, services, including by way of example only, menial tasks, such as painting numbers on curbs, or a combination of goods and services, subscriptions, or food or beverages from, in, upon, along, or through the highways, streets, or sidewalks, door-to-door on residential property, or in the open air or from a temporary shelter or vending device upon private property.

(3) “Peddler” means any person who engages in peddling. “Peddler” includes “hawker,” “huckster,” and “solicitor,” but does not include itinerant vendors or itinerant wholesale produce dealers licensed pursuant to Chapter 682.

(4) “Person” means an individual, corporation, partnership or association; provided however, that for purposes of Section

675.02, “person” shall mean a natural person only.

(5) “Potentially hazardous food” means any food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea, or other ingredients, including synthetic ingredients, in a form capable of

supporting rapid and progressive microorganisms. The term does not include clean, whole, uncracked, odor-free shell eggs or foods which have a pH level of 4.6 or below or a water activity (aw) value of 0.85 or less.

(6) “Sell” or “selling” includes barter or bartering.

(7) “Sidewalk” means that portion of the street between the curb lines or the lateral lines of a roadway and the adjacent property line.

(8) “Street” means street, alley, highway, roadway or avenue, including all curbs along such streets.

(9) “Vending device” means a container for the sale, display or transport of goods, wares, merchandise, equipment used for menial tasks, food or beverages by a peddler, which container has wheels and is capable of being moved by one person by muscular power.

(b) Scope of Chapter. The provisions of this chapter shall not apply to sales made to dealers by commercial travelers or selling agents in the usual course of business, to bona fide sales of goods, wares, or merchandise by samples for future delivery, to sales at trade shows or conventions, or to sales by charitable organizations in conjunction with solicitations for charity.

(c) Nothing in this chapter shall be construed to prohibit the distribution of non-commercial handbills, cards, leaflets, or other literature upon the sidewalks of the City.

(Ord. No. 1158-09. Passed 10-5-09, eff. 10-9-09)

675.02 Peddler's License Required; Application

(a) No person shall engage in peddling anywhere in the City without a peddler's license issued under Section 675.03. The issuance of a peddler's license to a person shall not be deemed to authorize agents or employees of the person to peddle without a license.

(b) The application for the license required by division (a) of this section shall be made to the Commissioner on forms prescribed by the Commissioner. The application shall include the following information:

(1) the name and address of the applicant;

(2) a detailed description of the goods, wares, merchandise, food, or beverages which the applicant intends to sell; and

(3) such other information as the Commissioner deems necessary to ensure compliance with this chapter.

(c) In addition to the application required by division (a) of this section, each applicant for a peddler's license shall furnish the following:

(1) two (2) photographs of the applicant taken within thirty (30) days before the date of application and of a size designated by the Commissioner; and

(2) if the applicant will be peddling food or beverages, a copy of the applicant's food service license.

(d) The annual license fee shall be sixty dollars ($60.00) which shall cover the period beginning August 1 and ending July

31 of the following year.

(Ord. No. 2393-02. Passed 2-3-03, eff. 2-3-03)

675.03 Peddler's License: Issuance and Replacement

(a) Upon receipt of a completed application and all other materials required by Section 675.02, and in the case of an applicant who intends to peddle food or beverages, upon receipt of confirmation by the Director of Public Health that the applicant is free of communicable disease, the Commissioner shall issue to the applicant a peddler's license and a laminated identification card containing the applicant's photograph. The identification card shall be worn by and the license shall be kept upon the person of the peddler at all times during which the peddler is engaged in peddling.

(b) The license issued pursuant to division (a) of this section shall contain the following information:

(1) the peddler's name and address;

(2) a detailed description of the goods, wares, merchandise, food, or beverages which the peddler is authorized to sell;

(3) the license number and the license expiration date.

(c) In the event that a licensed peddler loses the laminated identification card issued pursuant to division (a) of this section, the Commissioner shall issue a replacement identification card upon payment by the peddler of a fee of ten dollars

($10.00).

(Ord. No. 1428-92. Passed 7-22-92, eff. 7-24-92)

675.04 Permits Required

A permit is required in each of the following circumstances when peddling is occurring upon the highways, streets, or sidewalks, or to business invitees upon or from private property:

(a) No person shall engage in peddling upon or from private property anywhere in the City without a permit issued in accordance with Section 675.05.

(b) No person shall engage in peddling on the highways, streets or sidewalks within the Central Business District without a permit issued in accordance with Chapter 508 or without a permit issued in accordance with Section 675.06.

(c) No person shall engage in peddling while moving continuously from place to place on the highways, streets or sidewalks of the Central Business District without a permit issued in accordance with Section 675.06.

(d) No person shall engage in peddling upon or from a fixed location on a sidewalk outside of the Central Business District without a permit issued in accordance with Section 675.07.

(e) No person shall engage in peddling while moving continuously from place to place on the highways, streets, or sidewalks outside of the Central Business District without a permit issued in accordance with Section 675.08.

(Ord. No. 1158-09. Passed 10-5-09, eff. 10-9-09)

675.041 Street Vendors Advisory Committee

There is hereby established a Street Vendors Advisory Committee consisting of three members of Council, one of whom shall be designated as chairman, appointed by the President of Council; one member of the Division of Police, appointed by the Chief of Police; and one Assistant Director of Law, appointed by the Director of Law. The Committee shall assist peddlers licensed pursuant to Section 675.03 to resolve problems relating to street sales and may communicate to the

Council recommendations for the amendment of this chapter.

(Ord. No. 1612-83. Passed 6-27-83, eff. 6-27-83)

675.05 Permit; Peddling on Private Property

(a) Application. The application for the permit required by division (a) of Section 675.04 shall be made to the

Commissioner. The application shall contain the following:

(1) the peddler's name, address and peddler's license number;

(2) the name and address of the owner of the private property upon which the peddler intends to peddle;

(3) if the peddler is the owner of the private property, documentation of the peddler's ownership, and if the peddler is not the owner of the private property, documentation, signed by the property owner, of the peddler's right to peddle on the property;

(4) the address of the private property on which the peddler intends to peddle;

(5) a statement of the duration of the proposed peddling activity and whether the applicant is seeking an annual permit or a short-term permit;

(6) a description of the vending device, if any, from which the peddler intends to peddle, including its size and the distance from the vending device to public sidewalks, parking lots, driveways and other areas used or usable for vehicular travel or parking;

(7) a description of proposed trash storage and waste disposal methods, and a description of any electrical and water connections and any fuels or electrical generators to be used on the premises;

(8) unless the application is for a short-term peddle permit, a site plan drawn to scale and which notes relevant dimensions, showing the proposed vending device, if any, and the location of the proposed vending device in relation to all lot lines, sidewalks, curbs, structures, driveways, aisles, parking spaces, fences, walls, landscaping, catch basins, and other features of the subject property, as well as showing the proposed or existing location of vehicular barriers and the required clear zone area; and

(9) unless the application is for a short-term peddling permit, if the applicant proposes to peddle on a property located in a

Public Land Protective District, a Business Revitalization District, or a Landmark District, the applicant shall also submit color photographs showing all sides of the vending device, if any, and a scaled drawing showing all proposed signs and decorative elements, including their placement, material, and color.

(b) Council Notification. On receipt of a permit application, the Commissioner shall notify the Council member in whose ward the proposed permit location lies that the application has been received.

(c) Location of Vending Devices. No person shall locate a vending device on private property contrary to the requirements of this division.

(1) Sidewalk Setback. Except as provided in this division, no vending device shall be located on private property closer than ten (10) feet from any public sidewalk, as measured from the sidewalk to the closest point on the vending device. The vending device, however, may be located closer than ten (10) feet to a public sidewalk if the vending device is set back at least twenty (20) feet from the inside edge of the tree lawn or, if no tree lawn exists, at least twenty (20) feet from the outside edge of the curb.

(2) Clear Zone. No peddling device shall be located in a parking lot, driveway, or other area used or usable for vehicular travel or parking, or within ten (10) feet of any vehicular area, unless a clear zone conforming to the requirements of this division is created to separate the peddling activity from any vehicular use. The clear zone required by this division shall consist of an area around the vending device from which vehicles are excluded, extending at least ten (10) feet in each direction from the vending device.

Except for peddling conducted under a short-term peddling permit, the perimeter of the clear zone shall be defined by means of vehicular barriers consisting of wooden, metal, or masonry bollards installed in the ground. The bollards shall be

at least four (4) inches in diameter and three (3) feet in height, with a maximum spacing of five (5) feet. One opening of not more than ten (10) feet, closed by a removable chain, shall be permitted for necessary access to the peddling area. No vehicular barriers shall be required along a public sidewalk in proximity to a vending device if vehicular access to the area is prevented by the vehicular barriers located along other sides of the clear zone. Vehicular barriers other than bollards may be permitted by the Director of the City Planning Commission, if the barriers are equally effective to the purposes of this division and are appropriate in design, as determined by the Director.

For peddling conducted under a short-term peddling permit, the clear zone required by this division shall be defined by means of fencing, stanchions and chains, traffic control cones, traffic control barrels, or other means sufficient and to apprise an ordinarily observant motorist of the existence of the clear zone.

(3) Ingress and Egress. No vending device shall be located to impede ingress to or egress from any structure, nor be located within ten (10) feet of a fire exit or escape.

(d) Building and Housing Referral. The Commissioner shall refer all permit applications to the Commissioner of Building and Housing for review and approval. As part of the review, the Commissioner of Building and Housing shall determine whether or not the property on which the proposed peddling is to be conducted is in a Public Land Protective District, a

Business Revitalization District, or a Landmark District, and shall report that determination to the Commissioner of

Assessments and Licenses. The Commissioner of Building and Housing shall not approve the application unless he or she finds that no provisions of the City's Building Code or Zoning Code will be violated by issuance of the permit, including without limitation, the following:

(1) set back requirements;

(2) use restrictions;

(3) if the peddler intends to operate from a "structure" within the meaning of the Building Code, those provisions of the

Building Code applicable to "structures"; and

(4) if the peddler intends to operate from private property that is a parking lot, those portions of the Zoning Code that require that a specified number of parking spaces be available for the use of particular business.

(e) Design Review. If the peddler proposes to operate on a property which is located in a Public Land Protective District or

Business Revitalization District, the Commissioner of Assessments and Licenses shall refer the permit application to the

City Planning Commission for design review and approval. In the case of a property located in a Landmark District, the referral shall be made to the Landmarks Commission. Design review shall not be required if the peddler is proposing to peddle under a short-term peddling permit.

(1) In reviewing the application, the City Planning Commission or Landmarks Commission, as applicable, shall determine the appropriateness of any vending devices proposed to be used with respect to the following factors:

A. physical condition and state of repair;

B. compatibility with nearby structures in terms of color, placement, heights, and general design;

C. obstructions to or conflicts with vehicular or pedestrian traffic;

D. availability of electrical connections, and procedures for garbage and waste disposal; and

E. impacts on scenic views.

(2) The Director of the City Planning Commission or Secretary of the Landmarks Commission shall transmit the

Commission's determination to the Commissioner of Assessments and Licenses within thirty (30) days of the referral of the application unless the Commission conducting the review has granted the applicant an extension in order to allow for submission of additional materials or revisions. The Commissions may seek advice from any designated local design review advisory committee.

(f) Short-Term Permits. If the peddling activity is proposed to be conducted for a period of seven (7) days or less, the

Commissioner may issue a short-term peddling permit, except that if any person or persons have obtained a short-term peddling permit for a particular location on two prior occasions in a given permit year, which shall commence August 1 and end July 31 of the following year, then no person shall be issued a third or subsequent short-term peddling permit for the same location in that permit year. As used in this division, a "particular location" shall mean a property or group of contiguous or noncontiguous properties, whether or not under common ownership, which are under a common street address, both as to house or building number and street name.

(g) Permit Issuance and Fee. On receipt of a completed application approved by the Commissioner of Building and

Housing and approved, if required, by the City Planning Commission or the Landmarks Commission, and on receipt of the applicable permit fee established by this division, the Commissioner of Assessments and Licenses shall issue a permit which shall cover either a period of seven (7) days or a period of one year, commencing August 1 and ending July 31 of the following year. The fee shall be one hundred fifty dollars ($150.00) for a seven-day permit and two hundred fifty dollars

($250.00) for a one-year permit.

(h) Display of Permit. The permit shall be kept on the vending device, truck, or structure at all times during which the peddler is engaged in peddling, and shall contain the following information:


(2) the address of the private property on which the peddler is authorized to peddle;

(3) the name and address of the owner of the private property;

(4) a description of the vending device, truck, or temporary structure, if any, from which peddling is authorized including its size; and

(5) the permit number and permit expiration date.

(i) "Vending Device" Defined. As used in this section, "vending device" has the same meaning as in Section 675.01, and shall also include temporary structures, trailers, and other vehicles, carts, stands, and other devices from which peddling can be conducted, or which can be used to display goods.

(Ord. No. 2393-02. Passed 2-3-03, eff. 2-3-03)

675.06 Permit: Zones Within the Central Business District

(a) In addition to the temporary sidewalk occupancy permits issued under Chapter 508, the Director of Public Service is authorized to issue permits to peddle in zones in the Central Business District established by the Director in which the holders of the permits may peddle on such days, at such times of day, and under the conditions that the Director determines. The zones shall be created by regulation taking into account the following factors:

(1) pedestrian and vehicular traffic patterns, including possible congestion during special events and sporting events;

(2) proximity to special events and sporting events occurring in the Central Business District and at the lakefront;

(3) proximity to retail establishments; and

(4) other factors deemed relevant by the Director of Public Service.

No food or beverage, except as authorized in the rules and regulations promulgated under division (e) of this section, may be peddled by a person holding a permit issued under this division.

(b) The application for the permit authorized by division (a) of this section shall be made to the Director of Public Service on forms prescribed by the Director. The application shall contain the following:

(1) the peddler's name, address, and peddler's license number;

(2) a description of the vending device, truck, or temporary structure, if any, from which the applicant intends to peddle, including its size;

(3) the zone or zones for which a permit is sought; and

(4) a description of the items to be peddled.

(c) On receipt of a completed application and an annual permit fee of one hundred twenty-five dollars ($125.00) per zone or a daily permit fee of thirty dollars ($30.00), the Director of Public Service shall issue the appropriate permit. An annual permit shall cover the period commencing August 1 and ending July 31 of the following year.

(d) The permit shall be kept on the vending device, truck, or structure at all times during the time the peddler is engaged in peddling and shall contain the following information:


(2) a statement of the zone or zones in the Central Business District to which the peddler is restricted;

(3) a description of the vending device, truck, or temporary structure, if any, from which peddling is authorized, including its size; and


(e) The Director of Public Service may issue rules and regulations to carry out the purposes of this section.

(Ord. No. 2393-02. Passed 2-3-03, eff. 2-3-03)

675.07 Permit; Temporary Sidewalk Occupancy Outside the Central Business District

(a) The application for the permit required by division (d) of Section 675.04 shall be made to the Director of Public Service on forms prescribed by the Director. On receipt of a permit application, the Director of Public Service shall notify the

Council member in whose ward the proposed permit location lies that the application has been received. The application shall contain the following:


(2) a sketch and narrative indicating the location for which the permit application is being made, with sufficient detail to enable the Director of Public Service to verify the placement of the temporary vending device in accordance with the criteria contained in Section 675.09;

(3) a description of the vending device, truck, or temporary structure, if any, from which the applicant intends to peddle, including its size; and

(4) a copy of an ordinance of Council specifying the location described in division (a) (2) of this section and authorizing the peddler to peddle from that location.

(b) On receipt of a completed application and a permit fee of one hundred dollars ($100.00), the Director of Public Service shall issue a permit which shall cover the period beginning August 1 and ending July 31 of the following year.

(c) The permit shall be kept upon the vending device, truck, or structure at all times during which the peddler is engaged in peddling, and shall contain the following information:


(2) the address or description of the location that the peddler intends to peddle;

(3) the number and passage date of the ordinance described in division (a) (4) of this section;



(Ord. No. 2393-02. Passed 2-3-03, eff. 2-3-03)

675.08 Permit: Mobile Peddling Outside the Central Business District

(a) The application for the permit required by division (e) of Section 675.04 shall be made to the Director of Public Service on forms prescribed by the Director. On receipt of a permit application, the Director of Public Service shall notify the

Council member or members in whose ward or wards the peddler intends to peddle that the application has been received.

The application shall contain the following:


(2) a statement that the peddler intends to move continuously from place to place upon those highways, streets, or sidewalks that are located outside of the Central Business District. The statement shall specify the ward or wards in which the peddler intends to peddle;

(3) a copy of the ordinance of Council specifying the ward or wards in which the peddler is authorized to peddle; and

(4) a description of the vending device, truck, or temporary structure, if any, from which the applicant intends to peddle, including its size.

(b) On receipt of a completed application and a permit fee of one hundred dollars ($100.00), the Director of Public Service shall issue a permit which shall cover the period beginning August 1 and ending July 31 of the following year.

(c) The permit shall be kept upon the vending device, truck, or structure at all times during which the peddler is engaged in peddling and shall contain the following information:


(2) the ward or wards in which the peddler is authorized to peddle;

(3) the number and passage date of the ordinance described in division (a) (3) of this section;



(Ord. No. 2393-02. Passed 2-3-03, eff. 2-3-03)

675.09 Regulations Governing Peddlers

(a) For purposes of this section:

(1) “Merchandise” means goods, wares, merchandise, food, or beverages.

(2) “Street” means street, alley, highway, roadway, or avenue.

(b) No peddler shall sell or display merchandise:

(1) to the occupants of vehicles stopped in traffic;

(2) from any vehicle, structure, or device that is situated in any portion of a street which is designed or ordinarily used for vehicular travel; or

(3) at a location or in a manner that hinders or restricts access to a telephone booth, mail box, parking meter, police or fire call box, traffic control box, fire hydrant, or sidewalk elevator, or that blocks, obstructs, or restricts the free passage of pedestrians or vehicles in the lawful use of the sidewalks or streets.

(c) Unless the Director of Public Service makes a determination to the contrary, which determination is reflected in the location specified on a permit issued in accordance with this chapter, no peddler shall sell or display merchandise:

(1) at any location where the sidewalk is less than ten (10) feet in width;

(2) within ten (10) feet of a crosswalk;

(3) within that portion of a sidewalk bounded by the prolongation of each intersecting abutting property line to the respective curblines or within ten (10) feet thereof;

(4) within ten (10) feet of any doorway or the prolongation of any doorway width to the curbline; or

(5) within twenty (20) feet of another permitted location, provided however, that the distance between locations permitted pursuant to Section 675.06 shall be in accordance with the rules and regulations promulgated by the Director of Public

Service pursuant to division (e) of Section 675.06.

(d) No peddler shall display merchandise or place lines or other devices for the display of merchandise on any building or on any utility pole, planter, tree, trash container, or other sidewalk fixture.

(e) A peddler who has received a permit to peddle upon private property shall not encroach into any street or sidewalk in any way.

(f) No peddler shall place any merchandise in or upon any street or sidewalk, and all peddlers shall exercise reasonable care to ensure that their merchandise, packaging, display equipment or other paraphernalia does not create a health or safety hazard to customers, other users of the sidewalks and streets, or persons on abutting property.

(g) No peddler shall leave a vending device unattended at any time. leave a vending device on a sidewalk between the hours of midnight and 6:00 a.m., or conduct business on a sidewalk between those hours.

(h) A peddler who has received a permit to peddle on public property shall obey any lawful order of a police officer to remove himself and his vending device entirely from the sidewalk to avoid congestion or obstruction during an emergency.

(1) A peddler selling food from a vending device which is required by state law to have a food service operation license shall:

(1) serve only nonpotentially hazardous foods or commissary-wrapped foods maintained at proper temperatures, provided that if water systems and handwashing facilities are available, the peddler may prepare and serve frankfurters and precooked sausages;

(2) operate only from a licensed commissary to which the peddler takes the vending device daily for cleaning and servicing.

(j) No peddler shall:

(1) cook food in or on a street or sidewalk;

(2) conduct business without making available a container suitable for the placement of litter; or

(3) throw or deposit any merchandise, packaging, containers, fat, grease, paper or other litter on any streets or sidewalk or in any sewer.

(k) A peddler who is required to move continuously from place to place shall locate any vending device, equipment and merchandise adjacent and parallel to a curb when stopped for a sale.

(l) No peddler shall make any loud or unreasonable noise for the purpose of advertising or drawing attention to merchandise or for any other purpose.

(m) All peddlers shall comply with all requirements of state and local law applicable to them, including without limitation the City's Fire Code.

(n) No person shall peddle frozen desserts within the City who has been convicted of or pled guilty to any of the following criminal offenses:

(1) any offense involving a minor;

(2) any sexually oriented offense, including, but not limited to, corruption of a minor, sexual imposition, importuning, voyeurism, public indecency, procuring, soliciting, prostitution, loitering for the purpose of engaging in prostitution, disseminating material harmful to juveniles, deception to obtain material harmful to juveniles, possession of obscene material involving a minor, possession of sexually oriented material involving a minor, possession of nudity-oriented material involving a minor, and displaying matter harmful to juveniles;

(3) any assault within seven years after service of sentence after conviction or guilty plea; and

(4) unlawful possession of weapons within five years after conviction or guilty plea; and

(5) any homicide offense in Ohio Revised Code Chapter 2903 or any substantially similar homicide offense under any municipal or state law.

(o) Any applicant for a license or permit under this Chapter to peddle frozen desserts shall list on the application their name, address, date of birth, and social security number, and shall provide an affidavit stating that the applicant has not been convicted of or pled guilty to any of the criminal offenses listed in subdivision (n). Any employer applying for a permit to peddle frozen desserts shall list the name, address, date of birth, and social security number of each employee or person who will be peddling frozen desserts.

(p) The Commissioner of Assessments and Licenses shall refuse to grant a license or permit under this Chapter to peddle frozen desserts or shall revoke a license or permit under this Chapter to peddle frozen desserts, for any one or more of the following reasons:

(1) the applicant has been convicted of or pled guilty to any criminal offense involving a minor or any other criminal offense listed in division (n);

(2) the applicant fails to provide the information required by division (n);

(3) the applicant makes or made a false statement in the license or permit application;

(4) the applicant fails to report a conviction that occurs during the license or permit period; or

(5) There shall be no peddling of frozen desserts after 9:00 p.m.

(q) No person shall peddle frozen desserts without posting the permit in a conspicuous location in each vehicle used to peddle frozen desserts.

(r) On every permit to peddle frozen desserts, the Commissioner of Assessments and Licenses shall list the name of each employee or individual authorized to peddle frozen desserts on behalf of the applicant.

(Ord. No. 673-05. Passed 7-12-06, eff. 7-14-06)


675.10 Revocation or Suspension of License or Permit; Appeals

(a) The Commissioner may at any time revoke or suspend any license or permit granted by the Commissioner under the authority of this chapter for failure to comply with the terms of this chapter or with any law, rule or regulation relating to peddlers or the conduct of their business.

(b) The Director of Public Service may at any time revoke or suspend any permit granted by said director under the authority of this chapter for failure to comply with the terms of this chapter or with any law, rule or regulation relating to peddlers or encroachments in the rights-of-way of the City.

(c) In case of the refusal to issue a license or permit or the revocation or suspension of a license or permit by the

Commissioner or by the Director of Public Service, the applicant or licensee may appeal the Commissioner's or Director's action to the Board of Zoning Appeals, established pursuant to Charter Section 76-6. Notice of such appeal shall be in writing and shall be filed with the Board within ten (10) days from the date of the Commissioner's or Director's action.

Within ten (10) days after the filing of such notice, the Board shall proceed to hear such appeal, at which hearing all parties interested shall be afforded an opportunity to be heard. The Board shall render a decision within ten (10) days of the conclusion of the hearing. The Board may sustain, disapprove or modify the Commissioner's or Director's action, and the Board's decision shall be final.

(Ord. No. 1670-92. Passed 8-19-92, eff. 8-27-92)


675.11 to 675.14 Reserved

Note: Former Sections 675.11 through 675.14 were repealed by Ord. No. 1428-92, passed 7-22-92, eff. 7-24-92.

675.99 Penalty

(a) Whoever violates any of the provisions of this chapter is guilty of improper peddling, a minor misdemeanor, and shall be fined one hundred dollars ($100.00). The fine set forth herein is mandatory and shall not be suspended by the court in

whole or in part. Each day upon which a violation occurs or continues shall constitute a separate offense and shall be punishable as such hereunder.

(b) In addition to any other method of enforcement provided for in this chapter, the provisions of division (a) of this section may be enforced by the issuance of a citation in compliance with Rule 4.1 of the Ohio Rules of Criminal Procedure.

(c) If the offender persists in improper peddling after reasonable warning or request to desist, improper peddling is a misdemeanor of the first degree.



Chapter 676 — Junk and Secondhand Dealers



Power to regulate, RC 715.61

Goods improperly marked as sterling, coin silver, RC 1329.26, 1329.27

Secondhand dealers, RC Ch 4737

Record of transactions required, RC 4737.01, 4737.02

Dealing with minors; hours regulated, RC 4737.03

State licensing and required fencing of junk yards, RC 4737.05 et seq.

Pawnbrokers, CO Ch 681

676.01 Definitions; Identification Plate; Scope of Provisions

(a) As used in this chapter:

(1) “Junk” means used or secondhand materials, including scrap metal, pipe, glass, bottles, paper, canvas, rope, rags, tires, automobile or truck parts, used building materials (except bona fide architectural antiques) and other similar materials.

(2) “Junk cart” means any vehicle in the streets of the City used for the purpose of collecting, transporting or selling junk.

(3) “Junk dealer” means anyone dealing in the purchase or sale of junk, except a motor vehicle salvage dealer, salvage motor vehicle auction, or salvage motor vehicle pool licensed pursuant to RC Chapter 4738. or a scrap metal processor.

(4) “Junk yard” means any outdoor premises used for the storage, purchase, sale, exchange, haling, packaging, processing, disassembly, or handling of junk. For purposes of Section 676.13, “junk yard” includes “scrap metal processing facility.”

(5) “Regulated items” means:

A. Monument plaques, statutes and sculptures composed of any metal, traffic signs, street signs, and aluminum light poles;

B. Brass or bronze bar stock and bar ends, railroad journals, RTA journals, gas meters, water meters, ingots, and #1 copper;

C. #2 copper. For purposes of this paragraph, “#1 copper” and “#2 copper” mean #1 copper and #2 copper as specified by the most recent Institute of Scrap Recycling Industries. Inc. Scrap Specifications Circular including residential copper plumbing and electrical wire;

D. Aluminum and Vinyl Residential Siding;

E. Aluminum gutters, copper gutters, downspouts and flashing;

F. Stained glass;

G. All household fixtures, including plumbing and electrical fixtures;

H. All fixtures or property found in places of worship; and

I. Catalytic converters.

(6) “Scrap metal processor” means any person, firm, or corporation who processes iron, steel, or nonferrous scrap, and whose principal product is scrap iron and steel or nonferrous scrap for sale for remelting purposes.

(7) “Scrap metal processing facility” means any establishment having facilities for processing iron, steel, or nonferrous scrap, and the principal product of which is scrap iron and steel or nonferrous scrap for sale for remelting purposes.

(8) “Secondhand dealer” means any person, firm or corporation dealing in the purchase or sale of secondhand articles of whatever nature, or dealing in the purchase or sale of any secondhand manufactured article composed wholly or in part of gold, silver, platinum or other metals, or in the purchase or sale of old gold, silver or platinum, or any person, firm or corporation dealing in the purchase of articles or things comprised of gold, silver or platinum for the purpose of melting or refining, or engaged in melting precious metals for the purpose of selling, or engaged in the purchase or sale of pawnbroker tickets or other evidence of pledged articles, or not being a pawnbroker, who deals in the redemption or sale of pledged articles.

(b) Any vehicle used for the purpose of collecting, transporting or selling any junk shall be furnished by the Commissioner of Assessments and Licenses with a plate to be affixed to a conspicuous and indispensable part of the vehicle, on which plate shall be clearly set forth the official number of the junk cart with the words “Junk Cart” and the date of license expiration. The design or color of this plate shall be changed at the beginning of each license year. This division shall not apply to scrap metal processors who have obtained a license pursuant to Sections 676.02 through 676.04.

(c) Nothing in this section shall be deemed to apply to persons, firms or corporations dealing in the purchase or sale of secondhand pianos, books, magazines, rugs, tapestries, burlaps, paintings, drawings, etchings and engravings, nor to exchanges, returns or credits of merchandise where the article or articles exchanged, returned or credited are accepted in full or part payment for new merchandise; nor to persons, firms or corporations who deal exclusively in heavy industrial equipment, furniture or secondhand automobiles.

(d) Not later than one (1) year after the effective date of this section and at least annually thereafter the Director of Public

Safety shall submit to the Council a report as to whether the definition of “regulated items” contained in division (a) (5) of this section should be revised. If, in the opinion of the director, said definition is in need of revision, the report shall

contain the director's recommendations therefor. The director shall make a good faith effort to notify representatives of affected industries prior to submission of the report to Council.

(Ord. No. 66-08. Passed 6-2-08, eff. 6-6-08)

676.02 License Required; Display

No person, firm or corporation shall engage in the business of junk dealer or scrap metal processor or operate a junk cart or scrap metal processing facility unless and until licensed as provided in this chapter. Upon receipt of a junk dealer license or a scrap metal processor license issued pursuant to this chapter, the licensee shall post the license or a copy thereof in a conspicuous publicly-accessible place at the licensee's place of business and at all other locations where the licensee stores junk or scrap metal.



(a) Every applicant for a junk dealer license or scrap metal processor license shall make application in writing to the

Commissioner of Assessments and Licenses, which application shall set forth the name under which the business is to be conducted, the name of every person interested therein, and each location where the business is to be carried on or junk or scrap metal is to be stored. If the applicant has no shop or warehouse, his home shall be designated as his place of business. The application shall also set forth a description of each vehicle used in the business, including license plate number. Such application shall also contain a statement stating whether the applicant has previously been convicted of receiving stolen property. Such application shall also contain references of at least two other residents of the City as to the character of the applicant. Such application shall also contain an affidavit, signed by the applicant, and in a form prescribed by the Commissioner of Environment, to the effect that there is no environmental contamination of the premises for which the license is sought and (1) that the applicant has no history of criminal convictions or civil liability related to environmental conditions, other than those which resulted in a consent decree or decrees with which the applicant is now fully in compliance; or (2) a demonstration that any such conviction or liability should not prevent the applicant from receiving a license (the "Environmental Affidavit"), and upon receipt of the license application, said application shall be transmitted to the Commissioner of Building and Housing, who shall verify that any premises in which junk or scrap metal is stored or which is used as a junk yard or a scrap metal processing facility has an applicable

Certificate of Occupancy; and who shall inspect each premises listed thereon for compliance with Section 676.13 and applicable Building and Zoning Codes. The application shall also be transmitted to the Commissioner of Environment, who shall inspect the premises for compliance with the Health and other applicable codes. The Commissioner of

Environment may require the applicant, at the applicant's own expense, to demonstrate that the statements contained in an Environmental Affidavit are true.

(b) The Commissioner of Assessments and Licenses shall disapprove any initial or renewal application for a junk dealer's license or scrap metal processor's license for any of the following reasons:

(1) Failure to be currently in compliance with any statute, ordinance, rule or regulation applicable to the conduct or maintenance of the operation, business or premises for which the license is sought, including the provisions of this

Chapter and applicable Building, Zoning and Health Codes.

(2) Material information in the application is found to be false, misleading, or not included.

(3) The premises for which the license is sought is not in compliance with Section 676.13.

(4) The statements contained in the Environmental Affidavit are false or Affidavit are false or the Commissioner of the

Environment, the Commissioner of the Environment refuses to issue a statement of environmental compliance.

(5) The applicant has been convicted of receiving stolen property.

(6) The applicant is not in current compliance with the payment of property taxes for the premises for which the license is sought.

(c) The Commissioner of Assessments and Licenses may disapprove any initial or renewal application for a junk dealer's license or scrap metal processor's license for any of the following reasons:

(1) Evidence of past failure to comply with statutes, ordinances, rules or regulations applicable to junk yards or scrap metal processing facilities by the applicant.

(2) Evidence of past incidents of receiving, retaining or disposing of property, knowing or having reasonable cause to believe that the property was obtained through commission of a theft offense.

(3) If the applicant is a corporation or partnership, and any officer, director, or partner of the applicant has been guilty of any act or omission which would be cause for refusing or revoking a license issued to the officer, director, or partner as an individual.

(4) If any person actively engaged in the management or operation of the junk or scrap metal processing facility for which the license is sought has been guilty of any act or omission which would be cause for refusing or revoking a license issued to that person as an individual.

(Ord. No. 1304-97. Passed 12-14-98, eff. 12-24-98)


The operator of a junk cart shall pay an annual license fee of twenty-five dollars ($25.00) for each junk cart operated.

Every junk dealer shall pay an annual license fee of two hundred twenty dollars ($220.00) for each place of business licensed. Every scrap metal processor shall pay an annual license fee of two hundred twenty dollars ($220.00) for each place of business licensed. All junk cart licenses, junk dealer licenses, and scrap metal processor licenses shall be issued as of September 1 and expire on August 31 next succeeding the date of issuance.

(Ord. No. 1437-06. Passed 11-20-06, eff. 11-27-06)

676.05 Sales Restricted

No junk dealer or scrap metal processor shall carry on business at any place other than the one designated in the license, provided that nothing in this section shall be construed to prohibit the collection of materials by mobile units at locations other than the one which is designated in the junk dealer's license or scrap metal processor's license, nor to prohibit at such locations partial processing that is incidental to collection. No junk dealer or scrap metal processor shall continue to carry on business after such license has been suspended or revoked, or has expired. No junk dealer or scrap metal processor shall purchase any goods, articles or things whatsoever from any minor or apprentice, knowing or having reason to believe the person to be such, or from any person whatsoever, between the hours of 9:00 p.m. and 7:00 a.m.


676.06 Junk Dealer's and Scrap Metal Processor's Reporting and Retention

Requirements' Inspections

(a) Every junk dealer and every scrap metal processor shall keep at each place of business maintained by either of them a legibly written or typed record which contains a general description of the aggregate material in each load delivered to that place of business in a vehicle other than a vehicle which is owned by or leased to the junk dealer or scrap metal processor who owns that place of business. In such record the junk dealer or scrap metal processor shall list the name and address of the vendor and the license number of the motor vehicle, trailer, or other vehicle in which the material was delivered to the junk dealer or the scrap metal processor.

(b) In addition to the information required by division (a) of this section, a junk dealer or scrap metal processor who accepts any delivery of a regulated item from a vendor who is not an “Exempt Entity,” as defined in division (g) of this section, shall also create and maintain a record which contains the following:

(1) The name, initials, or other identification of the individual entering the information in the record;

(2) The date and time of the transaction;

(3) The weight and a description of the type of regulated item purchased in the transaction;

(4) The amount of consideration given in a purchase transaction for the regulated item;

(5) A photocopy of a valid driver's license issued by any state or identification card issued by the State of Ohio, which belongs to and is presented by the person delivering the regulated item or items. If said person is unable to supply either form of identification described in this paragraph, the junk dealer or scrap metal processor shall not accept delivery of the regulated item or items;

(6) As complete a description as possible of the vehicle used to transport the acquired regulated items, but not less than the make, type, and color or colors.

(c) (i) In addition to supplying the information required by divisions (a) and (b) of this section, a junk dealer or scrap metal processor who accepts any delivery of a single regulated item which is described in division (a)(5)A. of Section

676.01, regardless of amount, or any delivery of a single regulated item which is described in division (a)(5)B. of Section

676.01 in one day in an amount equal to or greater than three hundred (300) pounds, from one vendor who is not an

“Exempt Entity,” as defined in division (g) of this section, shall also keep that delivery in its original form, accessible, identifiable, and intact for a period of three (3) days, excluding Saturdays, Sundays, and legal holidays, from the date upon which the junk dealer or scrap metal processor accepted the delivery.

(ii) In addition to supplying the information required by divisions (a) and (b) of this section, a junk dealer or scrap metal processor who accepts any delivery of a regulated item described as a catalytic converter in division (a)(5) (I) of section

676.01, from a vendor who is not an “Exempt Entity”, shall keep that delivery in its original form, accessible, identifiable and intact for a period of ten (10) days, excluding Saturdays, Sundays and legal holidays, from the date upon which the junk dealer or scrap metal processor accepted the delivery.

(iii) Notwithstanding divisions (c) (i) and (ii) of this section, if a law enforcement officer gives written notice that stolen material has been found among the regulated items which are held pursuant to this division, the junk dealer or scrap metal processor in whose possession the material is found shall keep it in its original form, accessible, identifiable and intact until such time as the law enforcement officer is able to seize the material as evidence, but not more than ten (10) business days from the date the law enforcement officer gives the written notice required by this sentence.

(d) Notwithstanding any other provision of this section, if a law enforcement officer gives written notice to a junk dealer or scrap metal processor of items, materials or types of items or materials which the law enforcement agency is attempting to locate (“Suspect Items”), the following provisions shall apply:

(1) The law enforcement officer shall transmit such a notice by facsimile (“fax”) machine or by personal service;

(2) The notice shall be in effect for seven (7) calendar days and shall describe the Suspect Items in sufficient detail to reasonably apprise the junk dealer or scrap metal processor of exactly which items, materials, or types of items or materials constitute Suspect Items for the purposes of the notice. provided that a law enforcement officer may add additional such seven (7) day periods if the law enforcement officer gives the junk dealer or scrap metal processor actual notice of each such extension by fax machine or personal service;

(3) Regardless of the amount of delivery, whether the item or material is a regulated item, or whether the vendor is an

Exempt Entity:

A. the requirements of division (b) shall apply to all deliveries of Suspect Items; and

B. a junk dealer or scrap metal processor shall keep a Suspect Item or Suspect Items in its original form, accessible, identifiable, and intact for a period of three (3) days, excluding Saturdays, Sundays, and legal holidays, from the date upon which the junk dealer or scrap metal processor receives the notice, provided that a law enforcement officer may add additional such three (3) day periods up to a maximum of nine (9) additional days if the law enforcement officer gives the junk dealer or scrap metal processor actual notice of each such extension by fax machine or personal service;

(4) Each law enforcement agency shall keep a log of the notices transmitted pursuant to this division. The log shall contain:

A. the fax number to which the notice was sent or the name of the person upon whom the notice was served;

B. the date and time of the fax transmittal or the personal service;

C. the name of the person who sent the fax or made the personal service; and

D. in the case of all notices sent by fax machine, the sheet printed by the fax machine which verifies the transmittal.

If the law enforcement agency's log contains all of the above-listed information, the notice shall be deemed received by a particular junk dealer or scrap metal processor as of the date and time contained in the log. If the law enforcement agency's log does not contain all of the above-listed information, any junk dealer or scrap metal processor with respect to whom the log is deficient shall have no obligation to comply with this division;

(5) If a notice is deemed received by a junk dealer or scrap metal processor and the dealer or processor accepts delivery of a Suspect Item or Suspect Items during the period described in paragraph (2) of this division, the dealer or processor shall immediately notify the Fraud Unit of the City's Division of Police;

(6) If a junk dealer or scrap metal processor notifies the Fraud Unit of the City's Division of Police pursuant to paragraph

(5) of this division, a law enforcement officer shall visit the premises of the dealer or processor to inspect the Suspect Item or Suspect Items by the end of the next day, excluding Saturdays, Sundays, and legal holidays;

(7) If a law enforcement officer does not comply with the provisions of paragraph (6) of this division, the junk dealer or scrap metal processor shall no longer be subject to the provisions of paragraph (3)B. of this division with respect to the delivery of Suspect Items of which the dealer or processor gave notice pursuant to paragraph (6) of this division;

(8) Notwithstanding any other provision of this division, if a law enforcement officer identifies in particular delivery of a

Suspect Item as stolen, the dealer or processor in whose possession the delivery is found shall keep it in its original form, accessible, identifiable and intact until such time as the law enforcement officer is able to seize the delivery as evidence, but not more than ten (10) business days from the date the law enforcement officer identified Suspect Items as stolen;

(9) The Director of Public Safety shall make quarterly reports to the Council to convey the following information:

A. the number of notices transmitted by fax and the number served personally;

B. the period for holding a Suspect Item set forth in each notice served;

C. whether any Suspect Items were located by the Division of Police as a result of any of the notices.

(e) Within two (2) business days after a transaction described in division (c) of this section, the information described in division (b) of this section which pertains to that transaction shall be transferred to or made part of a permanent record which shall be kept by the junk dealer or scrap metal processor for at least one year after the date of the transaction.

Nothing in this division shall be construed to decrease any period of mandatory record retention contained in any other state or local law or regulation applicable to junk dealers or scrap metal processors.

(f) All records described in this section, all regulated items, and all materials described in division (d) of this section shall be available at all reasonable times for inspection by any law enforcement officer. Such records, items, and materials shall also be available for inspection by the Commissioner of Assessments and Licenses and persons duly authorized by the

Commissioner at such reasonable times as are necessary to ensure compliance with this chapter.

(g) For purposes of this section, an “Exempt Entity” is:

(1) any industrial or commercial entity which generates a regulated item or regulated items in the ordinary course of its business; or

(2) any entity which delivers a regulated item or regulated items derived from a demolition for which the Commissioner of

Building and Housing has issued a permit pursuant to Section 3115.04, or for which a similar license or permit has been issued outside of the City.

(h) Divisions (b) through (g) of this section shall apply also to secondhand dealers.

(Ord. No. 66-08. Passed 6-2-08, eff. 6-6-08)

676.07 Secondhand Dealer's License Fee

The annual license fee for each dealer in secondhand articles shall be one hundred twenty-five dollars ($125.00). All licenses shall be issued as of October 1 each year and expire on September 30 next succeeding the date of issuance.

(Ord. No. 2393-02. Passed 2-3-03, eff. 2-3-03)

676.08 Secondhand Dealer's Records; Inspection

(a) Every dealer in secondhand articles shall keep a book in which shall be legibly written in English at the time of every purchase or sale, a description of every article so purchased or sold; the number of numbers and any monograms, inscriptions or other marks of identification that may appear on the article; a description of the articles or pieces, comprising old gold, silver, platinum or other metals, and any monogram, inscription or marks of identification thereon; the name, residence and general description of the person from whom such purchase was made or to whom sold; and the day and hour of the purchase or sale. However, the holder of a Federal license to smelt precious metals shall not be held by reason thereof to be exempt from the provisions of this chapter.

(b) In case of a purchase or sale of a pawnbroker ticket or other evidence of a pledged article, or a redemption or sale of a pledged article, there shall be written in such book at the time of such purchase, sale or redemption:

(1) The name and address of the person, co-partnership or corporation who issued the ticket or other evidence;

(2) The pledge number of the pawn ticket or other evidence;

(3) The name and address of the pledger as it appears upon the pawn ticket or other evidence;

(4) The amount loaned or advanced as it appears on the pawn ticket or other evidence;

(5) The day and hour of such purchase, sale or redemption, as the case may be;

(6) The name, residence and general description of the person from whom or to whom the redeemed article is purchased or sold, as the case may be;

(7) The sum paid or received for such pawn ticket or other evidence, or the sum paid or received for the redeemed article or pledge;

(8) Such description of a pledged article as appears on the pawn ticket or other evidence that is an accurate description of every redeemed pledged article.

(c) Such book shall at all reasonable times be open to the inspection of any police officer, the Commissioner of

Assessments and Licenses or any person designated by him. Such book shall be substantially bound and of a size not less than six inches in length and breadth. In addition to such book, every person so licensed at the time of such purchase shall fill out on a blank to be furnished by the Division of Police, such information as may be called for by the blank form, and on the back of the blank form shall be written by the seller, in his own handwriting, his name, age and address. No entry in such book, or on such card shall be erased, obliterated, altered or defaced.

(Ord. No. 104769. Passed 11-9-36)

676.09 Secondhand Dealer's Daily Reports to Police

Every licensed secondhand dealer shall on every week day before 12:00 noon make out a report on a blank to be furnished by the Division of Police for that purpose, a legible and correct copy of the record required to be kept, containing all the particulars of all purchases of such articles made on the preceding business day. He shall deliver such report to the Chief of Police or his authorized representatives, together with blanks furnished by the Division properly filled and signed by the seller, in accordance with the provisions of this chapter; or such report and filled blank shall, if the Chief so elects, be mailed to such address as the Chief may in writing designate.

(Ord. No. 104769. Passed 11-9-36)

676.10 Secondhand Dealer's Minimum Holding Period

No person licensed as a secondhand dealer shall sell or remove from his place of business any secondhand goods, articles or things sold to him, until the same have been in his possession at least thirty days.

(Ord. No. 104769. Passed 11-9-36)

676.11 Peddlers of Old Clothes; Further Limitations on Secondhand Dealers

(a) No secondhand dealer shall carry on such business without a license, or at any other place than the one designated in his license, except that any dealer in or peddler of old clothes shall have the right to purchase or sell old clothes from house to house, and if he has no store, his home shall be designated as his place of business. No such dealer or peddler shall purchase clothes from or sell clothes to a person on the street. Such dealer or peddler of old clothes while soliciting business from house to house shall wear a badge to be supplied by the Commissioner of Assessments and Licenses in such form and design as the Commissioner prescribes. No dealer in secondhand articles shall continue to carry on business after his license is suspended, revoked or has expired. The annual license fee to peddle old clothes shall be five dollars

($5.00).

(b) No dealer in secondhand articles shall purchase any secondhand goods, articles or things whatsoever from any minor, apprentice or servant, knowing or having reason to believe the person to be such, or from any person whatsoever between the hours of 6:00 p.m. and 7:00 a.m.

(c) No secondhand dealer, not licensed as a pawnbroker, shall display any sign or other device, on or about the premises where such business is conducted, which in any way resembles the emblem or sign commonly used by pawnbrokers, or which is intended to give the appearance that the business conducted on such premises is, or is connected with, the business of a pawnbroker and calculated to so mislead; nor shall there be any sign displayed which is calculated to

deceive.

(Ord. No. 104769. Passed 11-9-36)

676.12 License Revocation: Appeals

(a) The Commissioner of Assessments and Licenses, upon the recommendation of the Chief of Police, or the

Commissioner of Environment, or the Commissioner of Building and Housing may at any time revoke or suspend any license granted under the authority of this chapter for failure to comply with the terms of this chapter, or any of the laws or ordinances relating to the business so licensed.

(b) The Commissioner of Assessments and Licenses, upon the Commissioner's own initiative or upon the recommendation of the Chief of Police, the Commissioner of Environment or the Commissioner of Building and Housing, may at any time revoke or suspend any junk dealer license or scrap metal processor license granted under the authority of this chapter for any of the following reasons:

(1) Failure to be currently in compliance with any statute, ordinance, rule or regulation applicable to the conduct or maintenance of the operation, business or premises for which the license is issued, including the provisions of this Chapter and applicable Building, Zoning or Health Codes.

(2) Material information in the application is found to be false, misleading, or not included.

(3) The premises for which the license is issued is not in compliance with Section 676.13.

(4) The statements contained in the Environmental Affidavit are found to be false or environmental contamination of the junk yard or scrap metal processing facility is found.

(5) The license holder is not in current compliance with the payment of property taxes for the location of the licensed operation.

(6) There is found to be evidence of past failure to comply with statutes, ordinances, rules or regulations applicable to junk yards or scrap metal processing facilities by the license holder.

(7) If the license holder is a corporation or partnership and any officer director, or partner of the applicant is found to have been guilty of any act or omission which would be cause for refusing or revoking a license issued to the officer, director, or partner as an individual.

(8) Evidence of past incidents of receiving, retaining or disposing of property, knowing or having reasonable cause to believe that the property was obtained through commission of a theft offense.

(9) If any person actively engaged in the management or operation of the junk yard or scrap metal processing facility for which the license is sought is found to have been guilty of any act or omission which would be cause for refusing or revoking a license issued to that person as an individual.

(c) The Commissioner of Assessments and Licenses, upon the Commissioner's own initiative or upon the recommendation of the Chief of Police, shall at any time revoke or suspend any license granted under the authority of this chapter if the applicant has been convicted of receiving stolen property.

(d) In case of the refusal to issue a license or the revocation or suspension of a license by the Commissioner, the applicant or licensee may appeal the Commissioner's action to the Board of Zoning Appeals, established pursuant to Charter Section

76-6. Notice of such appeal shall be in writing and shall be filed with the Board within ten (10) days from the date of the

Commissioner's action. Within ten (10) days after the filing of such notice, the Board shall proceed to hear such appeal, at which hearing all parties interested shall be afforded an opportunity to be heard. No notice of the hearing is required to be

provided to adjoining property owners. The Board shall render a decision within ten (10) days of the conclusion of the hearing. The Board may sustain, disapprove or modify the Commissioner's action, and the Board's decision shall be final.

(e) In the absence of conditions posing an imminent threat to health, safety, or property, as determined by the Board of

Zoning Appeals, applicants lawfully operating on the day prior to the effective date of this section or subject to revocation, suspension, or refusal to renew a license may continue operating during the pendency of an appeal under this section.

(Ord. No. 1304-97. Passed 12-14-98, eff. 12-24-98)

676.13 Screening of Junk Yards

(a) Every junk dealer who stores junk in a junk yard shall provide visual screening for the said junk yard achieving one hundred percent (100%) year-round opacity from all directions and of sufficient height, not less than seven (7) feet, to conceal the junk or other merchandise from view from the ground floor level of adjoining properties and from the street.

The screening required by this section may take the form of:

(1) a landscaped earthen berm;

(2) a concrete or masonry wall;

(3) a wood, wrought iron, or similar decorative fence:

(4) a compact hedge or other live evergreen vegetation barrier; or

(5) a combination thereof.

(b) Fences or walls provided shall be set back at least five (5) feet from the lot line, shall display a finished face of uniform color toward the perimeter of the premises and shall be maintained in good condition, free from peeling paint, rust or missing or broken pieces. Said fences and walls shall be kept plumb, with no more than a 4-inch deflection from a vertical position. Dead vegetation shall be promptly replaced.

(c) No junk shall be stored outside of the screen barrier required by this section.

(d) Notwithstanding division (a) of this section, fences and walls in existence on the effective date of this section shall be deemed in compliance with this section if such fence or wall meets the maintenance provisions of division (b) of this section and the opacity and height provisions of division (a) of this section. Upon substantial replacement of any such wall or fence, all of the provisions of this section shall apply.


676.14 Responsibility of the Licensee

Every act or omission of an agent or employee which constitutes a violation of any provision of this chapter shall be deemed the act or omission of the licensee if such act or omission occurs with the authorization, knowledge, or approval of the licensee, or as a result of the licensee's negligent failure to supervise the agent's or employee's conduct. The licensee shall also be punished for such act or omission in the same manner as if the licensee committed the act or caused the omission.


676.15 Violations

No license holder shall violate any provision of this Chapter or any statute, ordinance, rule or regulations applicable to the conduct or maintenance of the operation, business or premises for which the license is issued. Any business found in violation of the licensing requirement shall be ordered closed immediately.

(Ord. No. 1132-04, § 3. Passed 7-12-06, eff. 7-14-06)

676.99 Penalty

Whoever violates any of the provisions of this chapter shall be guilty of a misdemeanor of the first degree and fined not less than one thousand dollars ($1,000.00). Each day during which noncompliance or a violation continues shall constitute a separate offense.

(Ord. No. 1304-97. Passed 12-14-98, eff. 12-24-98)


Chapter 676A — MOTOR VEHICLE REPAIR GARAGES




(a) "Commissioner" shall mean the Commissioner of Assessments and Licenses.

(b) "Motor vehicle repair garage" shall mean a business or individual regularly engaged in the repair of motor vehicles, except:

(1) A business which performs motor vehicle servicing solely to the extent of fueling, checking fluid levels, replacing filters, and other minor servicing functions;

(2) A garage or shop engaged exclusively in repairing the motor vehicles of its own fleet.

(c) "Refuse" shall include without limitation trash, debris, discarded or abandoned parts, containers and tools, and abandoned motor vehicles.

(d) "Repair" shall mean mechanical repairs, service, maintenance, alterations, diagnostic testing or body work, or the addition of equipment, supplies or parts to a motor vehicle.


676A.02 License Required; Application; Fees

(a) No person shall operate a motor vehicle repair garage without a license issued under this chapter, which license shall be permanently and conspicuously displayed at the location to which it applies.

(b) Every person desiring to operate a motor vehicle repair garage shall make application to the Commissioner for a license on forms prescribed by the Commissioner. The forms shall include:

(1) The name, address, and social security number of each applicant, each partner in the case of a partnership and each officer and Director in the case of a corporation;

(2) The name and address of the motor vehicle repair garage; and

(3) Other information as the Commissioner of Building and Housing may require to ensure that the applicant meets the requirements of these Codified Ordinances as they relate to motor vehicle repair garages.

(c) A business operating more than one motor vehicle repair garage may file a single license application so long as the application contains all of the information required by division (b) of this section with respect to each separate location, and, in addition, indicates the manager of each location.

(d) On receipt of a completed license application, the Commissioner shall inspect each location for compliance with the provisions of Chapter 657 and shall transmit the application to the Commissioner of Building and Housing, who shall verify the existence of a valid Certificate of Occupancy for each location and inspect each location for compliance with

Section 676A.03.

No motor vehicle repair garage license shall be issued or renewed until the Commissioner of Building and Housing certifies to the Commissioner that the applicant is in compliance with Section 676A.03 and the Commissioner determines that the applicant is in compliance with Chapter 657.

(e) The annual license fee for a motor vehicle repair garage shall be seventy-five dollars ($75.00) for each separate location. On receipt of a completed application, the certifications referred to in division (d) of this section and the annual fee, the Commissioner shall issue an annual license which shall cover the period of June 1 to May 31.

(Ord. No. 2393-02. Passed 2-3-03, eff. 2-3-03)

676A.03 Maintenance of Premises

With respect to motor vehicle repair garages:

(a) All refuse must be stored in a completely enclosed building, a completely enclosed trash transport or covered cans. All odorous materials must be stored in airtight containers to avoid emissions of obnoxious odors. Each storage area for a transport or covered cans shall be located in such a manner as to not be visible from the public right-of-way or from any residential lot, or shall be screened with opaque fencing not lower than the height of the transport or covered cans stored therein. All refuse containers shall be constructed of noncombustible materials and shall be placed on a concrete slab.

(b) Outdoor customer parking areas shall not be used for overnight storage of more than four (4) vehicles.

(c) Outdoor storage areas other than customer parking areas shall be located behind the building line, as defined in

Section 325.11, and shall be screened on each side which is not immediately adjacent to the motor vehicle repair garage by a wall or opaque fence not less than seven (7) feet high. The screening may also be accomplished through use of an open fence or wall supplemented by evergreen plantings sufficient to provide a substantially opaque screen at least seven (7) feet in height by the end of the second growing season.

(d) The surface of outdoor storage areas other than customer parking areas shall be paved or constructed of crushed stone or slag; shall be level; and shall be kept reasonably dust-free.


676A.04 Revocation, Suspension or Denial of License

The Commissioner may at any time revoke or suspend the license granted under authority of this chapter, or may deny renewal of the license, for failure to comply with the terms of this chapter or Chapter 657. Upon the recommendation of the Commissioner of Building and Housing or the Chief of Police, the Commissioner may at any time revoke or suspend the license granted under authority of this chapter, or may deny renewal of the license, for failure to comply with any laws or regulations of the City or the State of Ohio relating to motor vehicle repair garages, including without limitation the provisions of the Building Code.

(Ord. No. 234-92. Passed 3-9-92, eff. 3-17-92)

676A.05 Appeals

If the Commissioner refuses to issue or revokes or suspends a license, the applicant or licensee may appeal such order to the Board of Zoning Appeals established pursuant to Charter Section 76-6. Written notice of such appeal shall be filed with the Board within ten (10) days after the making of such order. Within ten (10) days after the filing of such notice, the

Board shall proceed to hear such appeal, at which hearing all parties interested shall be afforded an opportunity to be heard. The Board shall approve, modify or annul the order from which the appeal has been perfected and the finding of the Board shall be final with respect to all parties thereto.


676A.99 Penalty

(a) Whoever violates any of the provisions of this chapter shall be guilty of a misdemeanor of the first degree and shall be fined not less than one hundred dollars ($100.00) and not more than one thousand dollars ($1,000), or sentenced to not more than six (6) months imprisonment, or both.

(b) Each day upon which any violation occurs or continues shall constitute a separate offense, punishable as such hereunder.



Chapter 676B — GARAGE AND RESIDENTIAL PERSONAL PROPERTY SALES


676B.01 Definitions

(a) "Garage Sale or other Residential Personal Property Sale" shall mean all general sales, open to the public, conducted from or on a residential premises in any residential zone as defined by the Zoning Ordinance of the City, for the purpose of disposing of personal property, including, but not limited to, all sales commonly referred to as "garage", "lawn", "yard",

"attic", "porch", "room", "backyard", "patio", "flea market", or "rummage" sale.

(b) "Personal Property" shall mean property which is owned, utilized and maintained by an individual or members of his or her residence and which has been acquired in the normal course of living in or maintaining a residence.

(Ord. No. 400-97. Passed 4-27-98, eff. 5-6-98)

676B.02 Property Permitted to be Sold

No person, whether as owner, lessee, manager, occupant or any agent thereof, shall sell, offer for sale, conduct or permit a sale of property other than personal property at a garage sale or other residential personal property sale.

(Ord. No. 400-97. Passed 4-27-98, eff. 5-6-98)

676B.03 Exceptions

The provisions of this chapter shall not apply to an officer executing process or order of any court having jurisdiction within the State of Ohio for selling property, directed by law, court order or local process to be sold on the property where the same is located or to the sale or offering for sale of personal property as defined herein.

(Ord. No. 400-97. Passed 4-27-98, eff. 5-6-98)

676B.04 General Regulations

(a) No garage or other residential personal property sales shall be permitted except between the hours of 10:00 a.m. and

6:00 p.m., nor shall exceed more than four (4) consecutive days in duration.

(b) No more than three (3) garage or other residential personal property sales shall be conducted or permitted on or at a residential premises, as defined by Section 676B.01, during any year unless permitted by the Director of Public Safety or the Director's designee after obtaining the approval of the City Councilmember for that ward.

(c) A garage or other residential personal property sale conducted or managed on or at a residential premises, whether directly or indirectly, by any person other than the owner, lessee, manager, occupant or agent thereof, of the premises where said sale is conducted shall be included for purposes of calculation of the number of garage or other residential property sales permitted under this section.

(Ord. No. 400-97. Passed 4-27-98, eff. 5-6-98)

676B.05 Prohibitions

No person whether as owner, lessee, manager, occupant or any agent thereof, or any person other than the owner, lessee, manager, occupant or agent thereof, shall conduct, permit or manage whether, directly or indirectly, a garage sale, or other residential personal property sale in violation of Sections 676B.02 or divisions (a) or (b) of Section 676B.04.

(Ord. No. 400-97. Passed 4-27-98, eff. 5-6-98)

676B.99 Penalty

Whoever violates any of the provisions of this chapter shall be guilty of a minor misdemeanor, and shall be fined not less than one hundred dollars ($100.00). The fine set forth herein is mandatory and shall not be suspended by the court in whole or in part. Each day upon which a violation occurs or continues shall constitute a separate offense and shall be punishable as such hereunder.

(Ord. No. 400-97. Passed 4-27-98, eff. 5-6-98)


Chapter 677 — Meter Readers





Gas and electric meter inspection, RC 743.32, 4933.10

677.01 Badges Required

Any person or corporation operating in the City a public utility for supplying the inhabitants of such City with heat, electricity, gas or telephone service, and any department of the City operating a Municipally owned or controlled utility, shall supply all employees authorized in the discharge of their duties to enter dwellings or other buildings for the reading of meters, the inspection of equipment or for any other purpose, with suitable badges as prescribed in this chapter.

677.02 Form and Exhibit of Badges and Identification Cards

Each badge shall be made of metal and shall be conspicuously and consecutively numbered, and no two badges issued by the same person, corporation or City department operating a utility shall bear the same number. Each badge shall bear the name of the person, corporation or City department by which it is issued. Each employee authorized to enter dwellings or buildings shall, while engaged in the discharge of such duty, wear such badge over the left breast of the outer garment, so placed as to be readily seen and examined. Each authorized meter reader, tester or inspector shall also carry with him at all times while engaged in the discharge of his duties, an identification card bearing the name of the person and company or City department issuing the same. Each card shall state concisely the name, age, height, weight and complexion, as well as the color of hair and eyes of the person carrying the same. The form, style and character of cards and badges shall be approved by the Director of Public Service, but the cards and badges of no two persons or corporations shall be of the same color or design. No card or badge to which such approval has not been given by the Director of Public Service shall be worn by any person.

677.03 Notification of Issue; Loss or Theft

When any such badge or card has been delivered to any employee, the person, corporation or City department issuing the same shall furnish to the Director of Public Service the number of such badge and a duplicate of the identification and description contained in the card. In case any badge or card so issued has been lost, mislaid or stolen, or has not been returned by any employee after his authority to enter dwellings or other buildings has ceased, then the person, corporation or City department which has issued the same shall immediately notify the Director of such fact.

677.04 Consumers to be Notified of Badges

Every person or corporation operating in the City a public utility for supplying the inhabitants of the City with heat, electricity, gas or telephone service, and any department of the City operating a Municipally owned or controlled utility, shall supply each and every subscriber or consumer with a card showing a facsimile of the badge worn by his or its employees who are authorized to enter dwellings or other buildings for the purpose of reading meters and inspecting equipment, or for any other purpose. Such cards shall also bear the number of the meter or telephone instrument of such consumer or subscriber. All such persons and corporations shall supply all their meter readers, inspectors or such other persons who may be authorized to enter dwellings or buildings with the numbers of such meters and instruments on their respective routes for the purpose of comparison.

677.05 Entering Without Badge, with Someone Else's Badge

No person, other than the one to whom or for whom such badge or card is issued, shall wear, carry or use such badge or card. None of the aforesaid employees shall enter any dwelling house or other building for the purposes aforesaid unless he wears and carries with him the badge and card. No person not such an employee shall attempt to enter or claim the right or privilege of entering any dwelling house or building for the purposes aforesaid.

677.99 Penalty

Whoever violates any of the provisions of this chapter shall be fined not less than ten dollars ($10.00) nor more than two hundred dollars ($200.00) or be imprisoned for sixty days, or both.


Chapter 677A — TOW TRUCKS



Impounding, CO Ch 405

Towing requirements, CO 439.10

Commercial and heavy vehicles, CO Ch 439



(a) "Driver" or "operator" means a person who drives or is in actual physical control of a tow truck on a public street or public right-of-way in the City.

(b) "Person" means a natural person, firm, copartnership, association or corporation.

(c) "Tow truck" means a truck or any other vehicle adapted or used for the purpose of towing, winching or otherwise removing disabled motor vehicles.

(d) "Tow truck owner" means a person engaged in the business of offering towing services for compensation, and includes a lessee in operation of a tow truck.

(e) "Towing" means the act of pulling or dragging a vehicle behind the tow truck which is doing such pulling or dragging.

"Towing" includes flat bed towing. The towed vehicle can be self-supporting, carried on a dolly-type platform or supported on any other item necessary to facilitate such towing.


677A.02 License Required

(a) No owner of a tow truck shall permit such tow truck to be used for the purpose of towing in the City unless a valid tow truck owner's license, obtained pursuant to this chapter, has been issued and is in force for that tow truck.

(b) This section does not apply when the property being towed is owned by the person doing the towing, and is being transported for recreation, sport or show, or when the property being towed has been picked up outside the City and is either in the process of being delivered to a location in the City, or is being towed through the City to be delivered elsewhere.

(c) Evidence of the ownership of a vehicle being towed shall be presented to a police officer or inspector upon demand and shall consist of either a certificate of title or a bill of sale for the vehicle.


677A.03 License Application

(a) An application for the license required by Section 677A.02 shall be made in person at the office of the Commissioner of

Assessments and Licenses on forms provided and information as the Commissioner may deem necessary shall be given under oath. It shall be mandatory rejection of the application or revocation of an issued license if any of the required application information is misrepresented or untrue.

(b) Each application for the license shall be accompanied by a fee of one hundred twenty-five dollars ($125.00) for the original license and thirty dollars ($30.00) for each additional license if a person licenses more than one vehicle. Each application for the replacement of a lost, stolen, or missing license shall be accompanied by a fee of thirty dollars

($30.00).

(Ord. No. 2393-02. Passed 2-3-03, eff. 2-3-03)

677A.04 Issuance of License

Upon approval of the application provided for in Section 677A.03, the Commissioner of Assessments and Licenses shall issue the license and, as evidence thereof, a metal tag bearing the number of the license. The tag shall be six inches by eight inches and of an annual contrasting color as determined by the Commissioner. The tag shall be permanently fixed to the front bumper of the licensed tow truck.


677A.05 Term of License

All licenses issued pursuant to Section 677A.04 shall be issued for a period of two years, expiring on the 30th day of

September in odd numbered years, unless sooner revoked by the Commissioner, provided, however, that any license issued pursuant to Section 677A.04 between the effective date of this section and September 30, 1993 shall expire on

September 30, 1995 unless sooner revoked by the Commissioner.

(Ord. No. 228-93. Passed 2-8-93, eff. 2-16-93)

677A.06 Assignment or Transfer of License

No license issued pursuant to Section 677A.04 shall be assigned or transferred to any other tow truck.


677A.07 Denial, Suspension or Revocation of License

The Commissioner of Assessments and Licenses may deny the issuance of a tow truck owner's license to a person who, upon investigation, clearly lacks the qualifications and fitness to be licensed under this chapter. A license granted or issued pursuant to the terms of Section 677A.04 may be suspended or revoked at any time by the Commissioner upon:

(a) Satisfactory proof of a violation of this chapter for reasons which could have been grounds for the refusal to issue an original license; or

(b) Satisfactory proof that the tow truck owner has failed to resolve complaints involving parts or property taken from an impounded vehicle or damage to an impounded vehicle when such complaints are substantiated by information contained in forms prescribed in rules and regulations promulgated by the Director of Public Safety.


677A.08 Appeal from License Denial, Suspension or Revocation

License issuance shall be authorized and under the control of the Commissioner of Assessments and Licenses. In case of the refusal to issue a license or the revocation or suspension of a license by the Commissioner, the applicant or licensee may appeal from such order to the Board of Zoning Appeals established pursuant to Charter Section 76-6, provided that written appeal is filed with the Board Secretary within ten days of the date the decision being appealed was made. The

Board shall conduct a hearing and render a decision in accordance with City ordinances and regulations governing its conduct and procedure.


677A.09 Liability Insurance Required

Each owner of a tow truck shall furnish, at the time of application and/or renewal of such license, a certificate of insurance or an acknowledgment thereof, by an insurance carrier licensed to do business in the State, evidence of garagekeepers' legal liability, to protect property left in his care, custody or control, in an amount not less than one hundred thousand dollars ($100,000) and general liability in an amount not less than three hundred thousand dollars ($300,000). The

provisions of this section relating to garagekeepers' legal liability shall not apply to a tow truck owner who establishes to the satisfaction of the Commissioner of Assessments and Licenses that such owner does not own, operate or maintain garage or vehicular storage facilities.


677A.10 Tow Truck Identification

Any person engaged in the business of offering towing services shall have imprinted on both sides of any vehicle used as a tow truck, slide or tilt-bed carrier, or car hauler, the name, address and telephone number of the person owning such vehicle. The name shall be printed in letters at least three inches high and not less than three-eighths of an inch wide, while the address, place and phone number shall be in letters two inches high and not less than three-eighths of an inch wide. Lettering shall be done in color which will contrast sharply with the background upon which it is painted and shall be placed in such position as to be easily seen by anyone wishing to identify the vehicle. Markings shall be kept clear and distinct at all times.


677A.11 Responding to the Scene of an Accident

No person licensed under Section 677A.02, or any of his agents or employees, shall respond to the scene of an accident unless either summoned by a person having a direct interest in the vehicle or vehicles involved or dispatched thereto as provided in the rules and regulations promulgated by the Director of Public Safety pursuant to Chapter 135.


677A.12 Transport Sheet Required

Tow truck operators shall at all times maintain a current transport sheet containing the following information in the proper sequence on motor vehicles that are moved from one location to another:

(a) Date and time;

(b) Moved vehicle owner's name and address;

(c) Moved vehicle's serial or license number; serial number required if vehicle is taken anywhere other than licensee's lot;

(d) Year, make and model of moved motor vehicle;

(e) Location of origin of transport;

(f) Location of destination of transport;

(g) Amount of charges;

(h) Name of person who authorized transport.

Such entries on the transport sheet are to be made at the time of each act and recorded legibly, accurately and completely as directed in this section. These transport sheets shall be made available for inspection upon the request of any police officer. This section shall not apply to salvage motor vehicle dealers.

No tow truck shall have in tow a motor vehicle for which the operator does not have in his possession authorization to remove such vehicle. The authorization of the owner or of an officer of the Police Division shall include, but not be limited to, the name of the owner of such motor vehicle, the name and telephone number of the person authorizing the moving of the motor vehicle, the motor vehicle registration number and/or the vehicle identification number.


677A.13 Records

The owner of a truck shall maintain an accurate and complete file of transport sheets for each driver employed by him or her, including the owner if he or she is also an operator. Transport sheets shall be filed by date of occurrence and retained for a period of six months. Upon the request of the Director of Public Safety or his or her designee, such sheets shall be immediately available for inspection.


677A.14 Drivers' Licenses

Every person driving a tow truck shall be licensed. Each applicant for a driver's license shall:

(a) Be eighteen years of age or over, an American citizen (or have declared his or her intention to become a citizen) and a bona fide resident of the County for thirty days next preceding the date of such application;

(b) Be of sound physique, with good eyesight and not subject to epilepsy, vertigo, heart trouble or any other infirmity of body and mind which might render him or her unfit for the safe operation of a public vehicle;

(c) Exhibit minimal competency in reading and writing the English language;

(d) Produce, on forms provided by the Commissioner of Assessments and Licenses, two character references of persons not related to the applicant;

(e) Fill out, on a form provided by the Commissioner, a statement giving his or her full name, residence and places of residence for five years previous to moving to his or her present address; his or her age, height, color of eyes and hair and place of birth; the length of time he or she has resided in the City; whether or not he or she is a citizen of the United States; places of previous employment; whether or not he or she has ever been arrested or convicted of a felony or misdemeanor; whether or not he or she has been summoned to court; whether or not he or she has previously been licensed as a driver or chauffeur, and if so, whether or not his or her license has ever been revoked and for what cause. Such statement shall be signed and sworn to by the applicant, and filed with the Commissioner, as a permanent record.

Any false statement made by the applicant shall be promptly reported by the Commissioner to the prosecuting attorney of the County. The Commissioner is hereby authorized to establish such additional rules and regulations, covering the issuance of drivers' licenses, not inconsistent with this chapter, as may be necessary and reasonable.


677A.15 Convictions Barring Issuance of License

No driver's license provided for in Section 677A.14 shall be issued or renewed if the applicant therefor has been convicted of any of the following offenses:

(a) Manslaughter or negligent homicide, resulting from the operation of a motor vehicle;

(b) Driving a motor vehicle while under the influence of intoxicating liquors or drugs. A conviction under this subsection shall not bar the issuance of a license if the conviction occurred more than five years prior to the date of application or, upon a recommendation of the Commissioner of Assessments and Licenses, more than three years prior to the date of application.

(c) A felony, in the commission of which a motor vehicle was used;

(d) Failure to stop and render aid as required under the laws of the State, or leaving the scene of an accident as specified by the laws of the State;

(e) Perjury or false swearing in making a statement under oath in connection with his or her application for a driver's license;

(f) Conviction, or forfeiture of bail, not vacated, upon three charges of a violation of the motor vehicle laws of the State within a period of twelve months;

(g) Conviction of a violation of a law involving violence, theft or any form of stealing, or a crime involving moral turpitude that is reasonably related to the license referred to in this chapter, within five years preceding the filing of the application for such license;

(h) Repeated violations of City ordinances, which affect the safety of human life or limb on the streets of the City; or

(i) Possession by a tow truck driver, in his or her tow truck, of opened or unopened beer, whiskey or wine; of drugs or other stimulants not specifically prescribed for him or her by a medical doctor for his or her private use; or of gambling equipment or paraphernalia, stolen goods or contraband property of any kind.


677A.16 Drivers' Photographs

(a) Each applicant for the driver's license provided for in Section 677A.14 shall file with his or her application three unmounted, unretouched photographs of himself or herself, in such position as the Commissioner of Assessments and

Licenses may direct, taken within thirty days preceding the filing of his or her application. Photographs shall be of a size which may be easily attached to his or her license. One of the photographs shall be attached to his or her license when issued, and the others shall be filed with the application in the office of the Commissioner.

The photograph shall be so attached to the license that it cannot be removed and another photograph substituted without detection. Each licensed driver shall, on demand of an inspector of licenses, a policeman or an affected citizen, exhibit his or her license and photograph for inspection.

Where the application for a license is denied, two copies of the photograph shall be returned to the applicant by the

Commissioner.

(b) Applications with photographs attached shall forthwith be forwarded to the Bureau of Criminal Identification, Police

Division. No license shall be issued under this chapter until the receipt in writing from such Bureau of a report showing the result of the investigation of the application.


677A.17 Issuance, Form and Term of License

Upon satisfactory fulfillment of the applicable requirements of this chapter, there shall be issued to the applicant a license, which shall be in such form as to contain the photograph and name of the licensee. A licensee who defaces, removes or obliterates an official entry made on his or her license, shall be punished by revocation of his or her license. Such license shall be issued for a period of one year commencing on February 21, unless previously revoked.


677A.18 Temporary Permits

Except when an extraordinary public emergency arises adversely affecting transportation on the streets in the City, temporary permits when issued shall be on such terms and conditions as the Commissioner of Assessments and Licenses provides. However, such temporary permits shall in no event be granted for a longer period than fifteen days and may be renewable for similar periods, as necessary, only on the written recommendation of the Commissioner made to Council and approved thereby.

The fee for such a temporary permit is three dollars ($3.00) for the driver.


677A.19 License Certificate

The Commissioner of Assessments and Licenses shall issue a license certificate, bearing the photograph of the licensee, to each person licensed as the driver of a tow truck. Such license certificate must, under penalty of suspension or revocation of the license, be conspicuously displayed at all times in the vehicle operated by such licensee and in the manner required by the Commissioner. The certificate shall be of such form and design as the Commissioner prescribes.


677A.20 Renewal of License

Renewal of a driver's license issued under this chapter shall be in accordance with the procedure prescribed by the

Commissioner of Assessments and Licenses.


677A.21 License Fees

A license fee of ten dollars ($10.00) shall be paid for an original driver's license or for a renewal of a license.

(Ord. No. 2393-02. Passed 2-3-03, eff. 2-3-03)

677A.22 Suspension or Revocation of License

A driver's license issued under this chapter may be suspended or revoked at any time by the Commissioner of Assessments and Licenses on his or her own initiative or on the recommendation of the Chief of Police. Before suspending or revoking such license, the Commissioner shall afford the licensee the opportunity of a hearing on the charges. The licensee may appeal from such order in the manner provided in Section 677A.08. A second suspension for the same reason, or a third suspension in any case, of a driver's license shall operate as a revocation of such license. No driver whose license has been revoked shall again be licensed as a tow truck driver in the City without the presentation of reasons satisfactory to the

Commissioner. The Commissioner shall notify the Police Division of all suspensions or revocations of drivers' licenses.


677A.23 Records of Licenses

There shall be kept in the office of the Commissioner of Assessments and Licenses a complete record of each driver's license issued to a driver under this chapter, and of all renewals, suspensions and revocations thereof, which record shall be kept on file with the original application of the driver for such license.


677A.99 Penalty

Whoever violates any provision of this chapter shall be guilty of a misdemeanor of the second degree and shall be fined not more than seven hundred fifty dollars ($750.00) or imprisoned not more than ninety days, or both. Any such violation shall constitute a separate offense on each consecutive day continued.



Chapter 678 — Motor Vehicles and Parts



Automobile dealers and salesmen, RC Ch 4517

678.01 Reserved



As used in this chapter, "dealer in used vehicles, parts or accessories of used vehicles" means any person, firm or corporation who buys, purchases, obtains by trade or exchange, or who otherwise acquires, any used vehicle or a part or accessory thereof for the purpose of selling, exchanging or trading it. For purposes of this chapter a used vehicle includes the current year's model and the five prior years' models.

(Ord. No. 341-73. Passed 5-7-73, eff. 5-9-73)

678.03 Used Vehicle Reports

(a) Every dealer in used vehicles or parts or accessories thereof shall submit a full, complete description of each used vehicle, or part or accessory of a used vehicle bought, purchased or otherwise acquired for the purpose of sale, exchange or trade. The description shall be submitted on a form furnished by the Department of Public Safety for such purpose, which form shall require the serial number, make, year, name and address of the previous owner and title number. The form shall be signed at the bottom by the dealer and shall indicate the dealer's address and telephone number.

(b) The dealer shall prepare a list twice a month enumerating all used vehicles, parts or accessories acquired by any means during the preceding semi-monthly period. Such list shall be delivered to the Chief of Police no later than the eighteenth day of the month for the first semi-monthly period and no later than the third day of the month for the second semimonthly period. The reports received pursuant to this section shall be maintained for a period of two years after which time the custodian of these reports may purge his files.

(c) This section shall not apply to dealers in possession of parts and/or accessories which were obtained in any manner from a licensed salvage or parts dealer.

(Ord. No. 341-73. Passed 5-7-73, eff. 5-9-73)

678.99 Penalty

Any person or persons, who either for themselves or as an officer, agent or employee of any person, firm or corporation who violates any of the provisions of Section 678.03 shall be fined not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000) plus the cost of prosecution, or be imprisoned not more than six months, or both.

(Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)


Chapter 679 — Movers





Commercial and heavy vehicle regulations, CO Ch 439


No person, firm or corporation shall offer his or its services to the public or engage in or carry on the business of a mover of household goods or personal effects in bulk, or pianos, for hire within the City without first obtaining from the City and holding in full force and effect a license to engage in and carry on such business.

679.02 Exceptions

The moving of household goods or personal effects by the piece (except pianos) shall not come within the provisions of this chapter.

679.03 License Application; Fee

The person, firm or corporation desiring to secure the license provided for in this chapter shall apply in writing to the

Commissioner of Assessments and Licenses for a license and shall pay the license fee and tag cost hereinafter provided.

Such application shall be in the form prescribed in this chapter and shall be filed at least ten days prior to the time of granting such license.

679.04 Contents of Application

Every license applicant shall file with the Commissioner of Assessments and Licenses a written application stating his name and address, including street number. If a corporation, such application shall state the names and addresses, with street numbers, of all officers and the manager who will have charge of such moving business, together with the address of the business office of such corporation. Each application shall state whether or not each person therein named is a citizen of the United States.

679.05 License Investigation; Rejection; Appeal

The Commissioner of Assessments and Licenses shall cause an investigation to be made of the character of the applicant, or if the applicant is a corporation, of the officers and business manager who will have the management of the business.

An applicant shall be rejected if the Commissioner of Assessments and Licenses finds any one of the persons named in the application not of good moral character. Rejection shall be made by the Commissioner in writing to the applicant, stating reasons the applicant shall have the right to appeal to the Board of Zoning Appeals, established pursuant to Charter

Section 76-6. The Board has full power to confirm such rejection or to order that a license be issued to the applicant upon the filing of a schedule of rates by the applicant as provided by the terms of this chapter. To perfect appeal, the applicant shall give notice in writing to the Board within ten days after receiving notice of rejection. Such hearing upon appeal shall be had within ten days after such notice is filed with the Board. No license shall be granted to any applicant so rejected, on a subsequent application, until six months have elapsed from the date of such final rejection.

679.06 Fee Disposition

All moneys received by way of license and tag fees under this chapter shall be paid daily into the General Fund of the City.

679.07 Licenses Not Transferable

There shall be no transfers of licenses issued under the provisions of this chapter.

679.08 License Issuance

After the provisions made requisite by this chapter have been fulfilled, the Commissioner shall issue such mover's license to such applicant upon the delivery of the applicant's schedule of rates as hereinafter provided. Such license shall set forth the number or numbers to be placed upon the metal tags to be attached to each vehicle used in such business.


The fees to be paid for such mover's license shall be seven dollars and fifty cents ($7.50), which shall include tags for one vehicle, and the further sum of two dollars ($2.00) for two tags for each additional vehicle used by the licensee in such business. Such tags shall be in the form prescribed by the Commissioner of Assessments and Licenses. The license shall expire on June 1 following the date of its issue. All licenses applied for and issued in the sixty days preceding June 1 in any year shall be in force from date of issue until June 1 of the next year.

679.10 License Tag Display

No person, firm or corporation to whom or to which a license has been issued shall use any vehicle or conveyance in a moving business without displaying upon each side of the vehicle in a conspicuous place, near the driver's seat, the metal tag bearing the owner's license number.

679.11 Records Required; Contents

No person, firm or corporation to whom or to which a license is issued shall fail or refuse to make and keep a record of each and every resident of the City whose household goods or personal effects are being moved in bulk or whose pianos are being moved from one place to another by the licensee, his or its servants or agents. The record shall contain the full name and address of the licensee; the full name of the person for whom the articles are moved; the address from which articles are moved; when the articles are moved out of the City, the railroad depot, dock or wharf to which household goods or personal effects or pianos are moved; and when household goods, personal effects or pianos are moved from a railroad depot, warehouse, dock or wharf to an address in the City, the name of the owner of the goods or personal effects or pianos, the railroad depot, warehouse, dock or wharf from which and the address to which such articles were moved.

679.12 Licensee's Weekly Reports

Every person, firm or corporation to whom a license is granted, on Monday of each week, shall file upon blanks furnished without charge in the office of the Commissioner of Assessments and Licenses, a full and correct statement of all information required to be kept by Section 679.11, covering all movings and removals of the preceding week. No person, firm or corporation shall fail or refuse to file such report or file a false report. Such statement shall be placed on file in the offices of the Commissioner and kept for two years from the date of filing and a register shall be made and kept by him of all changes of address and new addresses, which register shall be open to the inspection of the public at all reasonable hours.

679.13 Misrepresentation

No person shall give a fictitious or incorrect name to the mover for his or its record of removal or practice any deceit of any character whatsoever to conceal or mislead in respect to a change of address.

679.14 Maximum Rates

The rates to be charged for the use of any vehicle licensed under this chapter and for the loading and unloading of the same shall not exceed the following:

(a) For household goods and personal effects, not including pianos one dollar and fifty cents ($1.50) per hour for the use of a horse-drawn vehicle, including services of driver; two dollars and fifty cents ($2.50) per hour for the use of a motor vehicle, including services of driver. For the service of each additional man, fifty cents (50¢) per hour; if charge is made for time going from the barn or garage to the first point of moving or for time going from the last point of moving back to the

barn or garage, the basis of computation of such time shall be twenty minutes per mile or fraction thereof for a horsedrawn vehicle or ten minutes per mile or fraction thereof for motor vehicle.

(b) For pianos where the distance between the two points of moving to be traveled is three miles or less, four dollars

($4.00); for each additional mile or part thereof, one dollar ($1.00). Such charge shall include loading and unloading such piano from and to ground levels, up and down not more than six steps at either place; for flights of more than six steps, fifty cents (50¢) for each flight. For each use of a hoist an additional charge of five dollars ($5.00) may be made.

679.15 Price Schedules

Before doing business under the provisions of this chapter each licensee shall file with the Commissioner of Assessments and Licenses, his or its complete schedule of prices by the hour for household goods and personal effects, and by mileage for pianos, not in excess of the charges established by Section 679.14, and a copy of the same shall be conspicuously posted and kept in the business offices of the licensee. However, such schedule of prices by the hour shall set forth the point at which such time shall commence and end and how much time shall be deducted for lunch.

679.16 Notice of Price Schedule Changes

To change the schedule, it shall be necessary for a licensee to give notice in writing of such proposed change, together with such proposed schedule, to the Commissioner of Assessments and Licenses at least sixty days before such change shall go into effect.

679.17 Special Rate Contracts

The amount to be charged for loading, transporting or transmitting and unloading merchandise, household or office furniture, or other bulky articles, by a public mover may be agreed upon in advance. Such contract or agreement shall control and regulate the employment. In every case where such agreement is entered into, the public mover shall furnish the person with whom he contracts a written memorandum, to be signed by both parties or their responsible and authorized representatives, setting forth clearly the terms of the contract. This memorandum shall be upon blanks to be approved by the Commissioner of Assessments and Licenses.

679.18 License Revocation; Appeal

A license may be revoked by the Commissioner of Assessments and Licenses for a second violation, within the term of the license, of ordinances and laws applying to such license. The Commissioner, ten days before such revocation, shall notify the licensee in writing of reasons for such proposed revocation and the licensee shall have the right of appeal therefrom in the manner stated in Section 679.05.

679.99 Penalty

Any person, firm or corporation who violates any provision of this chapter or does anything declared herein to be unlawful shall be guilty of a misdemeanor and fined not less than five dollars ($5.00) nor more than fifty dollars ($50.00). The second conviction of a person, firm or corporation engaged in the business of moving household goods or personal effects in bulk, or pianos, for hire in the City shall cause a revocation of the license granted to such person, firm or corporation.

Thereafter no such person, firm or corporation shall carry on such business in the City during the remainder of the period of time for which such license was granted.




Chapter 680 — Newspaper Dispensing Devices


(a) "Crosswalk" means that part of a street at intersections which is ordinarily included within the projected prolongation of property and curb lines, or, in the absence of curbs, the edges of the traversable roadway; or any portion of a street at an intersection or elsewhere, distinctly indicated for pedestrian crossing by lines or other markings on the street surface.

(b) "Director" means the Director of Public Service.

(c) "Group of newspaper dispensing devices" means any two (2), three (3) or four (4), five (5) or six (6) adjacent newspaper dispensing devices.

(d) "Newspaper dispensing device" means any self-service or coin-operated box, container, storage unit or dispenser installed, used, or maintained for the display, distribution and sale of newspapers, periodicals or other publications.

(e) "Owner" means a person or an agent or officer of a person in whom is vested ownership, dominion, control or title of a newspaper dispensing device.

(f) "Person" means any individual, firm, partnership, association, corporation, company, organization or legal entity of any kind.

(g) "Public right-of-way" means any way which has been deeded to the public or dedicated to the public use for pedestrian or vehicular travel.

(h) "Roadway" means that portion of a street intended for the use of vehicular travel.

(i) "Sidewalk" means that portion of a street between the curb line or the lateral line of the roadway, and the adjacent property lines, intended for the use of pedestrians.

(j) "Street" means the entire width between the boundary lines of every way open to the use of the public as a thoroughfare for purposes of pedestrian and vehicular travel.

(k) "Traffic Sign" means any sign placed or erected by a public body or official for the purpose of regulating, warning or guiding vehicular travel, excluding "no parking" and "no stopping" signs.

(Ord. No. 1375-02. Passed 11-25-02, eff. 12-3-02)

680.02 General Prohibition on Placement

No person shall install, place or maintain a newspaper dispensing device within the public right-of-way unless a permit has been previously issued therefor in accordance with the requirements of this chapter.

(Ord. No. 1953-B-85. Passed 1-26-87, eff. 1-29-87)

680.03 Notice of Location; Permit Application; Insurance; Renewal; Fee

(a) Before the installation or placement of a newspaper dispensing device within the public right-of-way, the owner of the device shall file a permit application with the Director containing the following information:

(1) The name, address, and telephone number of the owner;

(2) The name, address, and telephone number of the individual or other person to whom the City shall serve in person or by mail any notice or order required by this chapter;

(3) A sketch and narrative indicating the location and dimensions of each newspaper dispensing device for which permit application is being made, with sufficient detail to enable the Director to verify that the installation and placement of a newspaper dispensing device in accordance with the permit application will meet the criteria contained in Section 680.05.

(b) One application may be submitted to include any number of newspaper dispensing devices and shall be signed by the owner.

(c) A twenty-five dollar ($25.00) fee for each newspaper dispensing device must accompany the permit application to defray the expenses incident to the administration of the provisions of this chapter.

(d) In addition to submitting the permit application and fee required by divisions (a) and (c) of this section, the owner of a newspaper dispensing device who seeks a permit shall:

(1) provide the Director with the insurance documentation required by division (e) of this section; and

(2) demonstrate to the Director's satisfaction that the device weighs at least one hundred sixty (160) pounds when empty.

(e) The owner of each newspaper dispensing device shall hold the City harmless from any and all liability, for any reason whatsoever, occasioned upon the installation and use of each device, other than liability arising from any negligent act or omission which is solely attributable to the City, and shall furnish, at the owner's expense, general commercial liability insurance as shall protect the owner and the City from all claims for damage to property or bodily injury, including death, which may arise from operation under the permit or in connection therewith. The policy shall name the City as an additional insured, shall be in an amount of not less than one hundred thousand dollars ($100,000) combined single limit for any injury to persons and/or damage to property and shall provide that the insurance coverage shall not be cancelled or reduced by the insurance carrier without thirty (30) days' prior written notice to the City. A certificate of the insurance shall be provided to the City with the applications referred to in divisions (a) and (h) of this section and shall be maintained before and during the installation of the device and throughout the period that the permit for the device is in effect.

(f) Permits shall be issued by the Director under Section 680.04. Permits so issued shall be valid for a period of one (1) year, or any portion of a year. Permits shall expire on the last day of April of each year.

(g) The owner must promptly notify the Director in writing of any change in the information required by division (a) of this section. If the owner proposes to change the location of a newspaper dispensing device, a new permit application, together with a twenty-five dollar ($25.00) fee to defray the expenses incident to the administration of the provisions of this chapter, must be filed prior to the change in location.

(h) Every owner desiring to renew a newspaper dispensing device permit shall file a permit renewal application with the

Director containing the information required by division (a) of this section. A permit renewal application must be filed no sooner than forty (40) days prior to the date of expiration of the existing permit and no later than the date of expiration of the existing permit. A twenty-five dollar ($25.00) fee for each newspaper dispensing device must accompany each permit renewal application to defray the expenses incident to the administration of this chapter.

(i) If the number of permit applications exceed the number of newspaper dispensing devices which may be placed adjacent to each other and which are otherwise permissible under division (a) of Section 680.05, the Director shall determine which of the newspaper dispensing devices comply with the requirement based upon the order in which the permit

applications were filed under this section.

(Ord. No. 1805-03. Passed 3-8-04, eff. 3-11-04)

680.04 Permits

Upon receipt of the information and documentation required by Section 680.03, payment of the required fees to the

Director and verification by the Director that the installation and placement of a newspaper dispensing device in accordance with the permit application will meet the criteria contained in Section 680.05, a permit shall be issued or renewed for each newspaper dispensing device. All permits shall be issued, renewed or denied within fifteen (15) working days of the filing of the permit application. The permit shall indicate the location of the newspaper dispensing device for which the permit has been issued. Notice of a permit denial shall be served in person or by certified mail to the individual or other person identified in the permit application as required by division (a)(2) of Section 680.03. Any permit issued pursuant to this section shall not be assigned or transferred to any other owner of a newspaper dispensing device.


680.05 Criteria for Installation, Placement and Maintenance of Newspaper Dispensing

Devices

(a) Location. No newspaper dispensing device shall be installed, placed or maintained:

(1) in such manner as to rest, in whole or in part, in, on or over any portion of a roadway;

(2) in One-Family, Two-Family or Multi-Family districts of the City except in the vicinity of public bus stops and public bus shelters in accordance with the following:

A. where there is a concrete pad underlying a public bus stop which has no shelter, a newspaper dispensing device or devices may be placed within two feet (2′) of that edge of the concrete pad which is perpendicular to the curb edge of the roadway and furthest forward in the direction of traffic on the street (the "leading edge"). In the event that a bus company installs a concrete pad at a public bus stop where there is no shelter and subsequently makes application to the City to install a shelter upon that pad, any permit which has been issued for a newspaper dispensing device which is located upon that pad and which will not comply with the distance requirements contained in division (a)(2)B. of this section after installation of the shelter shall terminate upon notice from the City that the City has issued to the bus company a permit to erect a shelter;

B. where there is a concrete pad underlying a shelter at a public bus stop, a newspaper dispensing device or devices may be placed within two feet (2′) of the leading edge of the concrete pad, provided that such placement will result in a clear space of five feet (5′) along the entire width of the pad between the shelter and the newspaper dispensing device or devices;

C. The requirement set forth in division (a)(12) of this section shall not apply to any newspaper dispensing device which is in compliance with division (a)(2)A. or (a)(2)B. of this section;

D. Notwithstanding the provisions at the end of this division (a), a newspaper dispensing device which is in compliance with division (a)(2)A. or (a)(2)B. of this section may be placed more than thirty-six inches (36″) from the curb edge of the roadway;

(3) within five feet (5′) of any crosswalk; provided that in cases where there is a handicapped ramp to the street adjacent to a crosswalk, the five feet (5′) required by this division shall be measured from the edge of the handicapped ramp that is furthest from the crosswalk;

(4) within five feet (5′) of any fire hydrant, fire call box or police call box;

(5) within five feet (5′) of any driveway;

(6) except in One-Family, Two-Family, or Multi-Family Districts:

A. where there is no bus shelter at a bus stop, within forty feet (40′) back of a sign identifying a particular bus company or bus route number and marking a designated bus stop;

B. where there is a bus shelter at a bus stop, within five feet (5′) forward and forty feet (40′) back of the end of the shelter that is closest to the sign identifying a particular bus company or bus route number and marking a designated bus stop;

(7) within three feet (3′) of any traffic sign;

(8) within three feet (3′) of any public utility pole, provided further that placement adjacent to a public utility pole shall be limited to one side of the pole;

(9) within that portion of the sidewalk parallel to an area designated for handicapped parking, a taxi stand or a commercial loading or unloading zone;

(10) within the entire width of the area that is included in the prolongation, projected to the curb or the edge of the traversable roadway, or any primary entrance of a building; provided that for purposes of this division, a "primary entrance" is a building entrance with more than one (1) multi-leafed door;

(11) within three hundred feet (300′) of any other newspaper dispensing device on the same side of the street in the same block which contains the same issue or edition of the same newspaper periodical or other publication;

(12) within three feet (3′) of any public area improved with lawn, flowers, shrubs, trees, tree wells or tree grates;

(13) on a manhole cover, pull box or any other area of access to underground utilities;

(14) on either side of East 6th Street between Euclid Avenue and Superior Avenue and on either side of East 9th Street between Prospect Avenue and Lakeside Avenue, where the continuous, undivided space for the passageway of pedestrians is reduced to less than twelve feet (12′), and in all other areas, where the continuous, undivided space for the passageway of pedestrians is reduced to less than six feet (6′); and

(15) in a manner that unreasonably blocks, obstructs or restricts the free passage of pedestrians in the lawful use of the sidewalk.

In the Central Business District, except as noted below, newspaper dispensing devices shall not be permitted to be located alone and shall be placed in a group of newspaper dispensing devices adjacent to each other provided that no more than six (6) newspaper dispensing devices are adjacent to each other. For purposes of this provision, "adjacent" means flush against each other. If there is no group of newspaper dispensing devices within three hundred feet (300′) of a proposed location for a single newspaper dispensing device, then that single device may stand alone subject to all other location restrictions. The prohibition on the location of single newspaper dispensing devices also shall not apply if the proposed single newspaper dispensing device is on the opposite side of the street or on a different block from the group. No group of newspaper dispensing devices shall be placed within fifty feet (50′) of any other group of newspaper dispensing devices or single newspaper dispensing device. If an owner proposes a location in the Central Business District in which that owners' newspaper dispensing device would be standing alone, the Director shall notify that owner of the nearest group of dispensing devices.

Outside of the Central Business District, newspaper dispensing devices may be placed adjacent to each other provided that no more than four (4) newspaper dispensing devices are adjacent to each other. For purposes of this provision, "adjacent" means flush against each other. No group of newspaper dispensing devices shall be placed within fifty feet (50′) of any other group of newspaper dispensing devices.

When a person requests the placement of a newspaper dispensing device outside of the Central Business District, the

Director must send notice of such request to the councilmember of the ward in which the requested newspaper dispensing box is to be placed.

Newspaper dispensing devices shall be placed parallel to a curb, shall face away from the roadway and shall be placed no less than twenty-four inches (24″) and no further than thirty-six inches (36″) from the curb edge of the roadway.

(b) Installation; Removal. Newspaper dispensing devices shall be anchored to the sidewalk by a method approved by the

Director of Public Service and shall not be cabled or chained or otherwise attached to any object or building except to any other newspaper dispensing devices. Upon removal of a newspaper dispensing device, the owner of such device shall be responsible for repairing any damage to the sidewalk caused by the installation or placement of such device. The extent of the repairs to the sidewalk shall be determined by the Director, provided that any such determination may be appealed to and reviewed by the Board of Zoning Appeals in accordance with the requirements contained in Section 680.06.

(c) Size; Color; Maintenance. All newspaper dispensing devices shall:

(1) not exceed fifty inches (50″) in height, twenty inches (20″) in width or twenty inches (20″) in depth;

(2) be white in color and be of one of the two designs which have been approved and are on file with the City Planning

Commission, one of which shall be a size which accommodates full sheet publications (the "full sheet device") and one of which shall be a size which accommodates tabloid publications (the "tabloid device");

(3) have a functioning coin return mechanism if a fee is charged;

(4) have affixed in a readily visible place a permit sticker and a notice setting forth the title, address and telephone number of a responsible officer or agent of the owner to contact to report a malfunction of the coin return mechanism;

(5) be maintained in a properly functioning, clean, neat and attractive condition, free of rust;

(6) not be used for advertising, signs or publicity purposes other than for the display, sale or purchase of the newspaper, periodical or publication therein; and

(7) not be stacked one on top of another.

(d) Identification Signs.

(1) The name of the publication using either the full sheet device or the tabloid device may be displayed within an area that is fifteen inches (15″) in width and twelve inches (12″) in height on the rear of the device. The letter size in this area shall not be larger than four inches (4″), the font shall be UNIVERS and the color shall be PMS 300 aka Blue Scotchlite Ink

883, or its equivalent.

(2) On the front of the full sheet device, the name of the publication using the device may be displayed within an area that is fifteen inches (15″) in width and twelve inches (12″) in height. On the front of a tabloid device, the name of the publication using the device may be displayed within an area that is twelve and one-half inches (12 1/2″) in width and eleven inches (11″) in height. On either the full sheet device or the tabloid device, this area shall be called the "frontal area."

(3) The frontal area of any device may be configured as a slip panel to accommodate changeable advertising related only to the publication or its non-commercial contents.

(4) No publication may display its name or any other materials on the sides of the device.

(e) Within six (6) months after the effective date of this division, the City Planning Commission shall create a special district for newspaper dispensing devices on Public Square because of the unique pedestrian and vehicular traffic patterns thereon. The Commission's resolution effecting the creation of such district shall specify the design or designs of newspaper dispensing devices within the district and the locations within the district upon which newspaper dispensing devices may be located, notwithstanding any other provisions of this section to the contrary. In determining the specific locations of newspaper dispensing devices within the district, the City Planning Commission shall apply standards that are no more restrictive, and may be less restrictive, than the provisions of division (a) of this section. For six (6) months after the effective date of this division, the provisions of this section shall apply to all newspaper dispensing devices on Public

Square. For purposes of this division, "Public Square" means the four (4) quadrants of Public Square and the sidewalks on either side of the roadways that bound and that intersect said quadrants.

(f)(1) Notwithstanding anything to the contrary contained in division (a)(2)B., (a)(6)B., (c)(1), (c)(2) or (c)(7) of this section, newspaper dispensing devices may be installed, placed, and maintained directly adjacent to and flush against that side of a public bus shelter which is perpendicular to the curb edge of the roadway and furthest forward in the direction of traffic on the street (the "downstream side"); provided, however, that if more than one owner desires to install a device at any one public bus shelter, only multiple-dispensing-device modular units may be installed, placed, and maintained at such location. No modular unit shall be installed unless and until the City Planning Commission has approved the design thereof. Where more than one newspaper dispensing device is located in the vicinity of the downstream side of a public bus shelter as of January 1, 1991, said devices may be moved adjacent to the downstream side of the shelter until such time as the City Planning Commission approves the design of a modular unit for that location. Owners installing modular units shall be responsible for their maintenance and shall purchase such units on terms and conditions upon which said owners mutually agree. Newspaper dispensing devices or modular units installed and maintained directly adjacent to the downstream side of public bus shelters may be placed so that the front of the device is perpendicular to or at an angle to the roadway; so long as such device or modular unit is placed adjacent to the downstream side of the shelter.

(2) If a bus company presents to the City Planning Commission a bus shelter design which incorporates newspaper dispensing devices or a modular frame therefor into the bus shelter, and if the City Planning Commission approves said design, the following shall not apply to any newspaper dispensing device which is incorporated into any such bus shelter or inserted into any such modular frame, provided that the bus shelter is installed pursuant to a permit duly issued by the

City:

A. the weight requirements contained in division (d)(2) of Section 680.03;

B. the distance requirements contained in divisions (a)(2)B., (a)(6)B., and (a)(12) of this section; and

C. the design requirements contained in divisions (c)(1), (c)(2), and (c)(7) of this section.

(g) Subject to the provisions of the following sentences in this division and notwithstanding anything to the contrary contained in divisions (a)(2)A. or (a)(2)B. of this section, if a newspaper dispensing device is in place on a concrete pad at a public bus stop or public bus shelter in a One-, Two-, or Multi-Family District as of January 1, 1991, and if said device would otherwise not be permitted to remain at such location because the concrete pad is of insufficient size to accommodate the placement of such device in accordance with the provisions of divisions (a)(2)A. or (a)(2)B. of this section, said device may remain at the location it occupied as of January 1, 1991 until such time as the concrete pad underlying such public stop or public bus shelter is extended by the bus company and the pad is of sufficient size to accommodate the placement of such device. Any newspaper dispensing device that is permitted to remain at a public bus stop or public bus shelter as a result of the provisions of this division shall be removed by its owner if a public bus company installs a shelter on the concrete pad underlying a public bus stop or enlarges an existing shelter unless:

(1) the bus company enlarges the concrete pad underlying the public bus stop or bus shelter sufficiently to accommodate placement of the device in accordance with division (a)(2)A. or (a)(2)B. of this section; or

(2) the owner of the device extends the bus company's concrete pad sufficiently to accommodate placement of the device in accordance with division (a)(2)A. or (a)(2)B. of this section. In the event that the owner installs such an extension:

A. the owner shall be responsible for maintaining the extension of the concrete pad; and

B. if the owner removes the device, the owner shall promptly:

1. remove the extension of the concrete pad and restore the property underlying said extension to its condition prior to the installation of the extension; or

2. transfer its interest in the extension of the concrete pad to another owner on terms and conditions upon which the two owners mutually agree; or

3. transfer its interest in the extension of the concrete pad to the public bus company on terms and conditions upon which the owner and the public bus company mutually agree; provided that the Directors of Public Service and City Planning may, in their sole discretion, permit such concrete pad to remain in place, absent a transfer of interest pursuant to paragraph (2)B.2. or (2)B.3. of this division, upon such terms and conditions as said Directors mutually agree.

(h) Subject to the provisions of the following sentences in this division and notwithstanding anything to the contrary contained in divisions (a)(6) or (a)(12) of this section, if a newspaper dispensing device is in place on a concrete pad at a public bus stop or public bus shelter outside of the Central Business District as of January 1, 1991, and if such device would otherwise not be permitted to remain in the vicinity because a relocation of said device in order to comply with the distance requirements of this section would result in the placement of said device at a prohibited location, said device may remain at the location it occupied as of January 1, 1991. Any newspaper dispensing device that is permitted to remain at a public bus stop or public bus shelter as a result of the provisions of this division shall be removed by its owner if a public bus company installs a shelter on the concrete pad underlying a public bus stop or enlarges an existing shelter unless:

(1) the bus company enlarges the concrete pad underlying the public bus stop or bus shelter sufficiently to accommodate placement of the device in accordance with division (a)(2)A. or (a)(2)B. of this section; or

(2) the owner of the device extends the bus company's concrete pad sufficiently to accommodate placement of the device in accordance with division (a)(2)A. or (a)(2)B. of this section. In the event that the owner installs such an extension:

A. the owner shall be responsible for maintaining the extension of the concrete pad; and

B. if the owner removes the device, the owner shall promptly:

1. remove the extension of the concrete pad and restore the property underlying said extension to its condition prior to the installation of the extension; or

2. transfer its interest in the extension of the concrete pad to another owner on terms and conditions upon which the two owners mutually agree; or

3. transfer its interest in the extension of the concrete pad to the public bus company on terms and conditions upon which the owner and the public bus company mutually agree; provided that the Directors of Public Service and City Planning

may, in their sole discretion, permit such concrete pad to remain in place, absent a transfer of interest pursuant to paragraph (2)B.2. or (2)B.3. of this division, upon such terms and conditions as said Directors mutually agree.

(i) Notwithstanding anything to the contrary contained in division (a)(6)A. or (a)(8) of this section, any newspaper dispensing device that is in place at a public bus stop and at least six inches (6″) forward of a bus company sign which is located on a utility pole as of January 1, 1991, but that would not be permitted to remain at such location because of the requirements of division (a)(8) of this section, may remain at such location until such time as the bus sign is moved so as to allow sufficient space for the newspaper dispensing device to be located forward of the sign without violating any provision of this section; and, other than on Euclid Avenue, any newspaper dispensing device that is in place more than eight feet (8′) back of a bus company sign at a public bus stop as of January 1, 1991 may remain at such location until such time as the bus sign is moved so as to allow sufficient space for the newspaper dispensing device to be located forward of the sign without violating any provision of this section.

(Ord. No. 1375-02. Passed 11-25-02, eff. 12-3-02)

680.06 Violation Notice; Hearing; Appeal; Removal; Abandonment

(a) Upon a determination by the Director that a newspaper dispensing device has been installed, placed, or maintained in violation of any of the provisions of this chapter or of any regulation promulgated by the Director pursuant thereto, the

Director shall issue an order to remedy the violation. The order shall be served in person or by certified mail to the individual or other person identified in the permit application as required by division (a)(2) of Section 680.03. If no permit application for the newspaper dispensing device has been filed within the City, as required by Section 680.03, the order shall be served on the owner in person or by certified mail. The order shall state the nature of the violation and provide that the owner has seven (7) calendar days after receipt of the order to remedy the violation or to file an appeal from the order with the Board of Zoning Appeals.

(b) If a violation is neither remedied nor appealed within the time period set forth in the order issued pursuant to division

(a) of this section, the newspaper dispensing device which has been determined to be in violation may be impounded by the Director.

(c) Following the remedying of a violation or the reinstallation of a newspaper dispensing device after impoundment, the

Director shall cause the newspaper dispensing device to be inspected. In addition to all other fees and charges required under this chapter, the owner of the newspaper dispensing device shall be charged a one dollar ($1.00) inspection fee for each such device so inspected.

(d) Appeals of a person adversely affected by any order, requirement, decision or determination by the Director under this chapter, including a denial of a permit pursuant to Section 680.04, shall be heard and decided by the Board of Zoning

Appeals. The Board shall commence to hear the merits of an appeal within thirty (30) days of the filing of an appeal. The

Board shall render a decision within ten (10) days of the date of the hearing, which decision may affirm, disaffirm, or grant exception from the order, requirement, decision or determination from which the appeal has been taken. If the Board affirms an order of the Director issued pursuant to division (a) of this section, the owner shall have three (3) working days to correct the violation or remove the newspaper dispensing device in question; if the owner fails to correct the violation within that time, the newspaper dispensing device may be impounded by the Director.

(e) Notwithstanding any other provision of this section, the Director shall take immediate steps necessary to remove and impound any newspaper dispensing device upon the Director's determination that such device has been installed, placed or maintained in a manner which presents a clear and present danger to the public health or safety. Within two (2) days of the date of an impoundment made pursuant to this division, notice of the impoundment including the reasons therefor shall be served in person or by certified mail to the individual or other person identified in the permit application as required by division (a)(2) of Section 680.03. If no permit application for the newspaper dispensing device has been filed with the City, the order shall be served on the owner in person or by certified mail. The owner of the impounded

newspaper dispensing device may file an appeal to the Board of Zoning Appeals which shall commence to hear the merits of such an appeal at the next regularly scheduled meeting of the Board provided that such meeting is no less than three (3) days after the filing of an appeal in which event the appeal shall be heard at the following regularly scheduled meeting of the Board. The Board shall render a decision at or before the first regularly scheduled meeting of the Board following the hearing of the appeal. If the Board reverses the Director's order to impound, the Board shall order an immediate return of the newspaper dispensing device and its contents to the owner without assessment of an impoundment fee or other costs.

(f) In the event a newspaper dispensing device remains empty for a period of at least thirty (30) consecutive days, said device shall be deemed abandoned. The Director may treat an abandoned device in the same manner as provided in this section for newspaper dispensing devices which are determined to be in violation of any of the provisions of this chapter.


680.07 Disposition of Impounded Newspaper Dispensing Devices

Unless the newspaper dispensing device and its contents are being held as evidence in a criminal prosecution, the owner of an impounded newspaper dispensing device may, at any time after impoundment, recover the newspaper dispensing device upon payment of an impound fee of twenty-five dollars ($25.00) plus the reasonable additional costs, if any, of impounding the newspaper dispensing device, including a storage charge of one dollar ($1.00) per device per day for each day in excess of five (5) working days after notification is given to the owner that said device is in the possession of the

City. Unless the contents of the newspaper dispensing device are being held as evidence in a criminal prosecution, the owner of the contents of an impounded newspaper dispensing device may recover those contents at any time after impoundment.



Chapter 680A — CIGARETTE ADVERTISING ON!PUBLICLY VISIBLE LOCATIONS


680A.01 General Requirements

(a) Cigarette Advertisements. No person may place or display any sign, poster, placard, device, graphic display, or other form of advertising that advertises cigarettes in a publicly visible location or at any location visible from a sidewalk, street, or highway. As used in this section, "Publicly Visible Location" includes outdoor billboards, sides of buildings, roofs of buildings, and freestanding signboards.

(b) This section shall not apply to the following:

(1) The placement or display of signs, including advertisements:

A. Inside any building used by a holder of cigarette business "license" as prescribed in Section 5743.15 of the Ohio Revised

Code and intended to be read from inside the building; or

B. On commercial vehicles used for transporting cigarettes.

(2) Any banners, inflatable signs, or pennants located at a special event, for which a temporary sign permit has been issued by the Division of Building and Housing, provided that the temporary sign permit limits the display of said banners, inflatable signs, or pennants to no more than fourteen (14) calendar days.

(3) Any sign other than a neon or electrically charged sign that only displays the word "cigarette(s)" without listing a brand name or price and without use of accompanying artwork, photographs or other graphics.

(4) Any sign located:

A. In the Central Business District;

B. In the Flats-Oxbow Business Revitalization District;

C. In such manner that the advertisement on the sign is visible only from the rights-of-way of Interstate Routes 71, 77, 90,

480 and 490; or

D. In an Unrestricted Industry District located more than 1,000 feet from the boundary of any zone other than the Central

Business District, the Flats-Oxbow Business Revitalization District, or an Unrestricted Industry District.

(Ord. No. 988-97. Passed 2-23-98, eff. 3-4-98)

Note: Pursuant to Section 2 of Ord. No. 988-97, the provisions of Chapter 680A of the Codified Ordinances of Cleveland,

Ohio, 1976, as enacted by this ordinance, shall be effective as follows:

From and after the effective date of this ordinance, no advertisement shall be placed or displayed contrary to the provisions of this chapter, except that:

(a) For any advertisement placed or displayed pursuant to a contract executed prior to the effective date of this ordinance, the provisions of this chapter shall require the removal of such advertisement upon the expiration of the current term of the contract, or one year after the effective date of this ordinance, whichever is sooner.

(b) For any advertisement placed or displayed prior to the effective date of this ordinance that is not being displayed pursuant to an existing contractual commitment, the advertisement shall be removed within sixty (60) days of the

effective date of this ordinance.

680A.99 Penalty

Whoever violates the provisions of Section 680A.01 shall be guilty of a misdemeanor of the first degree and shall be fined one thousand dollars ($1,000.00), or shall be sentenced to a prison term of six months, or both. Said fine or prison term shall not be suspended, waived, or otherwise reduced below the amount or term indicated herein. Each day upon which the violation of Section 680A.01 continues shall constitute a separate offense.

(Ord. No. 988-97. Passed 2-23-98, eff. 3-4-98)

Note: See Section 2 note from Ord. No. 988-97 under 680A.01.


Chapter 680B — ALCOHOLIC BEVERAGE ADVERTISING ON!PUBLICLY VISIBLE

LOCATIONS


680B.01 General Requirements

(a) Alcoholic Beverage Advertisements. No person may place or display any sign, poster, placard, device, graphic display, or other form of advertising that advertises alcoholic beverages in a publicly visible location or at any location visible from a sidewalk, street, or highway. As used in this section, "Publicly Visible Location" includes outdoor billboards, sides of buildings, roofs of buildings, and freestanding signboards.

(b) This section shall not apply to the following:

(1) The placement or display of signs, including advertisements:

A. Inside any building used by a holder of any liquor permit as prescribed in Chapter 4303 of the Ohio Revised Code and intended to be read from inside the building; or

B. On commercial vehicles used for transporting alcoholic beverages; or

C. In conjunction with a 1-day liquor permit or a temporary permit granted by the Liquor Control Commission.

(2) Any banners, inflatable signs, or pennants located at a special event, for which a temporary sign permit has been issued by the Division of Building and Housing, provided that the temporary sign permit limits the display of said banners, inflatable signs, or pennants to no more than fourteen (14) calendar days.

(3) Any sign placed in conformity with division (F) of Section 4301:1-1-44 of the Ohio Administrative Code. Nothing in this section, however, shall abrogate any ordinance, rule or regulation of the City concerning the total area of window space that may be devoted to interior signs.

(4) Any sign located:

A. In the Central Business District;

B. In the Flats-Oxbow Business Revitalization District;

C. In such manner that the advertisement on the sign is visible only from the rights-of-way of Interstate Routes 71, 77, 90,

480, and 490; or

D. In an Unrestricted Industry District located more than 1,000 feet from the boundary of any zone other than the Central

Business District, the Flats-Oxbow Business Revitalization District, or an Unrestricted Industry District.

(Ord. No. 989-97. Passed 2-23-98, eff. 3-4-98)

Note: Pursuant to Section 2 of Ord. No. 989-97, the provisions of Chapter 680B of the Codified Ordinances of Cleveland,

Ohio, 1976, as enacted by this ordinance, shall be effective as follows:

From and after the effective date of this ordinance, no advertisement shall be placed or displayed contrary to the provisions of this chapter, except that:

(a) For any advertisement placed or displayed pursuant to a contract executed prior to the effective date of this ordinance, the provisions of this chapter shall require the removal of such advertisement upon the expiration of the current term of the contract, or one year after the effective date of this ordinance, whichever is sooner.

(b) For any advertisement placed or displayed prior to the effective date of this ordinance that is not being displayed pursuant to an existing contractual commitment, the advertisement shall be removed within sixty (60) days of the

effective date of this ordinance.

680B.99 Penalty

Whoever violates the provisions of Section 680B.01 shall be guilty of a misdemeanor of the first degree and shall be fined one thousand dollars ($1,000.00), or shall be sentenced to a prison term of six months, or both. Said fine or prison term shall not be suspended, waived, or otherwise reduced below the amount or term indicated herein. Each day upon which

the violation of Section 680B.01 continues shall constitute a separate offense.

(Ord. No. 989-97. Passed 2-23-98, eff. 3-4-98)

Note: See Section 2 note from Ord. No. 989-97 under 680B.01.


Chapter 681 — Pawnbrokers







General provisions, RC Ch 4727

Maximum interest and charges allowed, RC 4727.06

Daily report to police, RC 4727.09

Purchase from minor, intoxicated person, or thief prohibited, RC 4727.10


Secondhand dealer misrepresented as a pawnbroker, CO 676.11


As used in this chapter, "pawnbroker" means any person, firm or corporation who lends money on deposit of pledges, personal property or purchases property or choses in action on condition of selling them back again at a stipulated price.

681.02 License Required; Application; Notice

No person, firm or corporation shall engage in or carry on the business of a pawnbroker in the City until he has first obtained a license to engage in and carry on such business. Every license applicant shall make an application in writing to the Commissioner of Assessments and Licenses, which shall set forth the name under which the business is to be conducted, the name of every person interested in the business and the location where the business is to be carried on. The application must be made by the person or persons who are to carry on the business and must contain references of at least two other residents of the City as to the character of the applicant or applicants. The Commissioner shall cause notice of the filing of an application to be published in the City Record at least twice, after which the Commissioner may grant the application and issue a license.

681.03 License Issuance and Fee; Name

Licenses for carrying on the business of a pawnbroker shall be issued annually and shall expire annually on September 30.

The license fee shall be five dollars ($5.00) for each year. The license shall contain the name under which the business is to be conducted, the name of every person interested in the business and the location where the business is to be carried on.

Licenses issued under this chapter shall not be transferable to any other person, and the business may be conducted only at the location for which the license is issued.

681.04 Licensee's Bond

Every Licensee under this chapter shall execute and file a bond of five hundred dollars ($500.00) with surety to the satisfaction of the Director of Law that such licensee will conform to the requirements of City law and ordinances.

681.05 Register Required; Inspection

A person so licensed shall keep a correct list and description, in a book for that purpose, of each article pledged or deposited with him, or on which advances of money have been made, or which has been purchased by him. A pawnbroker shall not accept any deposit, pledge, or purchase without first ascertaining the identity of the prospective depositor by being presented a valid driver's or commercial driver's license or an identification card issued by the State of Ohio. The social security number, name, age and place of residence of the depositor and the date and hour when the deposit was made shall be entered and kept in the book for a period of not less than two (2) years from the date of the deposit, pledge or purchase. The book shall also contain any entry setting forth the interest to be charged on the amount of money loaned.

Entries shall be written in ink in the English language, and no entry shall be erased, obliterated or defaced. The book shall be open to inspection at all reasonable times by the Commissioner of Assessments and Licenses, any person deputed by him, the Chief of Police, any police officer deputed by him, the Mayor, or any person deputed by him. Upon demand of any of such officials, the licensee shall produce and show any article listed and described in the book, which is in his possession.


681.06 Daily Report by Licensee

Every licensed dealer shall on every weekday before 12:00 noon make out a report on a blank to be furnished by the

Division of Police for that purpose, a legible and correct copy of the record required to be kept, containing a clear description of all personal property, bonds, notes or other securities, received on deposit or purchased during the preceding day, with the hour at which the article was received, and a description of the person by whom it was left in pledge, or from whom purchased. Such report shall be delivered to the Chief of Police, or his authorized representative, or shall be mailed to such address as the Chief may designate.

(Ord. No. 83022. Passed 10-22-28)

681.07 Minimum Holding Period

Bonds, notes, securities or personal property received on deposit, purchase or pledge by a pawnbroker shall not be sold, redeemed or removed from his place of business for twenty-four hours after the copy and statement provided in Section

681.06 have been delivered.

681.08 Receipts

A receipt shall be given to every pledger at the time the property is received, which receipt shall contain the name and address of the pledger, a description of the property received, the amount of money loaned, the rate of interest, the date and hour when the property was received and the date when the loan is due. When payments are made by the pledger, receipts for the payments shall be given to him, which receipts shall show the amount previously paid and the balance due.

681.09 Interest and Storage Charges

The rate of interest that may be charged on money advanced by pawnbrokers shall not exceed the rate of one percent per month and shall be computed on the amount of money actually advanced, and no interest shall be collected in advance. A

pawnbroker may charge one-half of one percent per month of the amount of the money loaned to cover the cost of storage and insurance of the articles pawned. The rate of interest and the percentage for storage and insurance allowed to be charged in this chapter shall include all the compensation the pawnbroker may receive. No other charges of any kind shall be made except in the case of foreclosure.

681.10 Foreclosure; Sale; Notice

After the expiration of twelve months after the maturity of the pledge the pawnbroker may proceed to sell the pawned property in the manner provided in this chapter. At least ten days' notice must be given the pledger by mail before the date of sale and also a notice of the proposed sale shall be published in a newspaper printed in and of general circulation within the City at least once, which publication shall be made at least ten days before the date of sale. The sale shall be by public auction and by an auctioneer approved by the Commissioner of Assessments and Licenses. From the proceeds of the sale there shall be deducted the amount of the loan, the accrued interest and the expense of the sale and the balance shall be paid to the pledger.

681.11 Hours of Operation

A person so licensed shall not receive on deposit or purchase personal property, bonds, notes, securities or articles, property or things before 6:00 a.m. nor after 8:00 p.m. during the months of January, February, March, April, October,

November and December of each year, or after 9:00 p.m. during the months of May, June, July, August and September of each year.

681.12 Prohibited Customers; Business Practices

A person so licensed shall not take or receive in pawn or pledge for money lent, or take, receive or purchase property, bonds, notes, securities or articles from a minor, or the ownership of which is in or is claimed by a minor, or may be in the possession or under the control of a minor, or a person appearing to be intoxicated or known to be a thief or known to have been convicted of larceny or burglary. A person so licensed shall not carry on another business or avocation in the building in which pawnbroking is carried on, nor employ a person under the age of sixteen years to take pledges in pawn.

681.13 Regulations for Mechanics' Tools

When any person presents to any pawnbroker for the purpose of pledging the same as security for a loan, any implements or tools commonly used by mechanics, the pawnbroker shall require such person to give proof that he is the owner of the tools so offered as a pledge. When the tools so offered are stamped with the name or any initials or symbols the pawnbroker shall require the person offering such tools or implements to produce the stamp by which such name, initials or symbols were imprinted, or if unable to produce such stamp, the person shall be required to establish his identity.


The Commissioner of Assessments and Licenses, upon conviction of a person for the violation of any of the provisions of this chapter or of any penal statute relating to pawnbrokers, shall revoke his license.

681.99 Penalty

Any person either for himself or as an officer, agent or employee of any person, firm or corporation, who violates any of the provisions of this chapter shall be guilty of a misdemeanor of the third degree and fined not less than $100.00 for a first offense; guilty of a misdemeanor of the second degree and fined not less than $100.00 for a second offense; and guilty of a misdemeanor of the first degree and fined not less than $100.00 for a third and each subsequent offense.



Chapter 682 — Itinerant Vendors and Wholesale Produce Dealers




Note: Pursuant to Section 6 of Ord. No. 1428-92, the title to Chapter 682 of the Codified Ordinances shall be amended to read "Itinerant Vendors and Wholesale Produce Dealers".


Power to regulate, RC 715.61 et seq.

Home solicitation sales, RC 1345.21 et seq.


Itinerant wholesale produce dealers, CO 675.07

et seq.


No itinerant vendor shall sell or offer for sale any goods, wares or merchandise without first having procured a license to do so as provided in this chapter.

682.02 License Recording; Duration

(a) Upon the written application of any itinerant vendor, setting forth all the facts required, and duly verified upon oath before an officer empowered by the laws of Ohio to take acknowledgment of deeds, and upon the payment of a license fee and upon it appearing that the applicant has procured such license as may be required by the laws of the State then in force, the Commissioner of Assessments and Licenses shall issue to such applicant a license permitting the applicant, for the period for which such license fee is paid, to sell in temporary quarters such goods, wares or merchandise as such itinerant vendor may otherwise lawfully sell.

(b) The Commissioner, before issuing to the itinerant vendor the license provided for herein, shall record in a proper book to be kept for that purpose, the State license in full, and shall endorse upon the State license "local license fees paid," and shall affix his official signature with the date of such endorsement upon the license. The Commissioner shall then issue the local license which shall entitle the itinerant vendor to conduct sales thereunder for any period less than 120 days from the date thereof.

682.03 License Application; False Statements

(a) In the license application, or in the separate affidavit to accompany such application and to be filed therewith, the applicant shall state under oath all of the facts relating to the reasons for and the character of the temporary business which he desires to transact, including a true statement of the names and addresses of persons, firms or corporations from whom the goods, wares or merchandise was last taken; the names and addresses of the owners or persons in whose interest such business is conducted; the places and dates where the applicant for the past eighteen months has been engaged in business, stating the nature and character of the business; all details necessary to exactly locate and fully identify all goods, wares or merchandise to be sold; and the length of time for which the store or place where goods, wares or merchandise is to be sold has been or is to be leased. The fact that such store or place of business has been or is to be

leased for a period less than 120 days shall be in all cases prima-facie evidence that the business is of a temporary or transient character within the meaning of this chapter.

(b) Any false or misleading statements made in such application or affidavit or in any advertising matter, or orally by any person connected with the licensee, issued or made to further the sale of that merchandise, shall render the license issued to the applicant making such false statements null and void, and shall forfeit to the City the license fee already paid, and subject such applicant to the full penalty provided in this chapter.

(c) Upon receiving complaints as to any such false or misleading statements, the Commissioner of Assessments and

Licenses shall forthwith investigate and make demand for access to all books and papers pertaining to the business of the licensee, which may assist the Commissioner in determining whether or not a false or misleading statement has been made, and further, he may put under oath and command answers to any questions that may be necessary to be propounded to divulge the facts, from any and all persons who may have any connection with the business of the licensee.

682.04 Applicant's Bond

Before a license is issued, the applicant shall execute and deliver to the Department of Finance a good and sufficient bond with good and sufficient surety or sureties to be approved by the Director of Law, in the sum of five hundred dollars

($500.00), which bond shall be conditioned as to indemnify or reimburse any purchaser of goods, wares or merchandise in a sum equal to at least the amount of any payment or payments such purchaser may have been induced to make through misrepresentation as to the kind, quality or value of such goods, wares or merchandise whether the misrepresentation was made by the owners or by their servants, agents or employees, either at the time of making the sale, or through any advertisement of any character whatsoever, printed or circulated with reference to the stock of goods, wares and merchandise, or any part thereof.

682.05 Agent for Service of Process

Before a license is issued, the applicant shall file with the Department of Finance an instrument in writing, nominating and appointing the Commissioner of Assessments and Licenses, or the person performing the duties of such position, his true and lawful agent, with full power and authority to acknowledge service of notice of process for and on behalf of the applicant in respect to any matters connected with or arising out of the license, and the bond given as required by the provisions of Section 682.04 or for the performance of the condition of such bond, or for any breach thereof. The instrument in writing so nominating and appointing the Commissioner shall contain recitals to the effect that the license applicant consents and agrees that service of any notice or process may be made upon the agent, and when so made shall be taken and held as valid as if personally served upon the person applying for a license, according to the laws of this or any other state and waiving all claim or right of error by reason of such acknowledgment of service or manner of service.

682.06 License Fee

A license fee of one hundred dollars ($100.00) for each week or fraction thereof during which he desires to sell his goods, shall be paid by such itinerant vendor prior to the issuance of a license.

682.07 License Not Transferable; Display

No license issued under this chapter shall be transferable, nor shall it be used by any person, firm or corporation other than as named in the license. A licensee shall conspicuously display the license in his place of business so that the same is plainly visible to the public.

682.08 Fee Disposition

All fees collected by the Commissioner of Assessments and Licenses under the provisions of this chapter shall be paid by him to the City Treasurer, and credited to the General Fund.

682.09 Itinerant Wholesale Produce Dealer Defined

As used in Sections 682.10 through 682.15, "itinerant wholesale produce dealer" means a person, firm, corporation or association who sells or offers for sale from a cart, wagon, truck, automobile or other vehicle operated or propelled over and upon the streets of the City, any fruits, vegetables, garden produce, butter, eggs, meat, game and/or live or dressed poultry to any person, firm, corporation or association engaged in the business of the resale at retail or wholesale of the same produce within the City, or to any hospital, club, restaurant or hotel in the City. "Itinerant wholesale produce dealer" does not include any person, firm, corporation or association who operates in the City a regularly established store or warehouse and/or trucking and distributing business for the purpose of wholesale merchandising of fruits, vegetables, garden produce, butter, eggs, meat, game, and/or live or dressed poultry, nor to any person selling or offering for sale produce of his own raising or producing.

(Ord. No. 1428-92. Passed 7-22-92, eff. 7-24-92)

682.10 Itinerant Wholesale Produce Dealer License Required

No person, firm, corporation or association shall engage in the business of itinerant wholesale produce dealer in the City unless he has first been duly licensed to do so as provided in this chapter. Every applicant for a license shall make an application in writing to the Commissioner of Assessments and Licenses, which application sets forth the name under which the business is to be conducted, and the name of every person interested in the business. Such application shall contain as reference the names of at least two citizens of the City as to the character of the applicant or applicants.

(Ord. No. 1428-92. Passed 7-22-92, eff. 7-24-92)

682.11 Itinerant Wholesale Produce Dealer License Term; Fee

Itinerant wholesale produce dealer licenses shall be issued annually, shall expire on December 31 of each year, and shall not be transferable. No deductions shall be allowed from the fee for any such license for any part of the year during which the licensee does not exercise the right of such license. The license fee for carrying on the business of an itinerant wholesale produce dealer by means of a cart, truck, wagon, automobile or other vehicle operated upon the streets, thoroughfares and public places shall be two hundred dollars ($200.00).

(Ord. No. 1428-92. Passed 7-22-92, eff. 7-24-92)

682.12 Itinerant Wholesale Produce Dealer's Bond

Every person licensed as an itinerant wholesale produce dealer shall execute and file a bond of five hundred dollars

($500.00). The bond must be approved by the Director of Law as to sureties and form, and shall be conditioned upon the faithful observance of the provisions of this chapter and of all ordinances of the City and laws of the State concerning or regulating the merchandise and handling of produce dealt in by the licensee. The bond shall also be conditioned as to indemnify any person obtaining a judgment against the licensee because of any damage sustained on account of the violation by the licensee of such ordinances or laws, or because of misrepresentation or deception which may have been practiced on such person by the licensee while carrying on his licensed business.

(Ord. No. 1428-92. Passed 7-22-92, eff. 7-24-92)

682.13 Itinerant Wholesale Produce Dealer License Issuance; Sign Plates

Upon the filing of the bond and a completed application, and upon payment of the license fee required in this chapter, the

Commissioner of Assessments and Licenses shall issue to the applicant an itinerant wholesale produce dealer license, and shall furnish the licensee with two (2) metal signs not less than six (6) inches wide and nine (9) inches long, upon which shall be inscribed "Itinerant Wholesale Produce Dealer's License, Cleveland, Ohio, No. ——————————," giving in the blank space the number of such license and the year during which the same shall be in force. The metal signs shall be securely fastened in plain view on both sides of the vehicle used by the licensee whenever he is engaged in operating under such license.

(Ord. No. 1428-92. Passed 7-22-92, eff. 7-24-92)

682.14 Farmers Exempted

No itinerant wholesale produce dealer license shall be required of any farmer, producer or other person selling produce of his own raising or producing.

(Ord. No. 1428-92. Passed 7-22-92, eff. 7-24-92)

682.15 Produce Sales Slips Identified

At the time of making any sale of produce, a licensee shall deliver to the purchaser a sales slip which shall contain in a conspicuous place the license number assigned to such licensee.

(Ord. No. 1428-92. Passed 7-22-92, eff. 7-24-92)

682.99 Penalty

(a) Any person who violates any of the provisions of Sections 682.01 to 682.07 shall be deemed guilty of a misdemeanor and shall be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00). Each day upon which any such violation occurs or continues shall constitute a separate offense; provided that Sections 682.01 to 682.07 shall not apply to any farmer or producer who sells any article, provision or vegetables produced or grown by him, nor to the manufacturer of any article made or manufactured by him, nor to sales made to dealers by commercial travelers or selling agents in the usual course of business, nor to bona fide sales of goods, wares and merchandise by sample for future delivery.

(b) Any person who violates any of the provisions of Sections 682.10 to 682.15 shall be guilty of a misdemeanor of the fourth degree. Each day upon which any such violation occurs or continues shall constitute a separate offense.

(Ord. No. 1428-92. Passed 7-22-92, eff. 7-24-92)


Real estate brokers, RC Ch 4735


Chapter 682A — RENTAL AGENCIES


Real estate transactions, CO Ch 183

Rental dwelling standards, CO Ch 371



(a) "List" means a compilation gathered by a rental agency, purporting to contain real estate available for lease where such compilation is utilized by a rental listing organization in a transaction which is calculated to result in the lease of real estate.

(b) "Rental agency" means an individual, partnership, partner, firm, company, corporation, association, joint stock company, trust, estate or other legal entity, or its legal representatives, agents, assigns, employees or successors, whose

primary business is to list residential housing for rental, lease or sublease and, for a fee, to refer customers to such residential housing.

(c) "Residential housing" means a single or multi-family dwelling, apartment or room, the intended use of which is not commercial. This definition applies to furnished and unfurnished residential housing.

(Ord. No. 224-81. Passed 5-4-81, eff. 5-7-81)


No person shall maintain, own, operate or advertise a business as a rental agency unless such person is so licensed by the


(Ord. No. 224-81. Passed 5-4-81, eff. 5-7-81)

682A.03 License Application

(a) Every rental agency shall make an annual application to the Commissioner of Assessments and Licenses for the license required in Section 682A.02. Such application shall be on a form provided by the Commissioner, such form having been reviewed by the Director of the Office of Consumer Affairs or a person designated by him or her for that purpose. The application form shall contain the full name and address of the applicant, the name under which the business is to be conducted, the name of every person with a financial or proprietary interest in the business, the names and residences of the principal officers of the business, the locations where the business is to be carried on and such other information relative to the business as may be deemed necessary by the Commissioner with the advice of the Director of the Office of

Consumer Affairs.

(b) Each rental agency must procure a separate license for each location at which business is conducted.

(Ord. No. 224-81. Passed 5-4-81, eff. 5-7-81)

682A.04 Display, Assignability and Transferability of License; Name and Address

Changes

(a) Each license issued under this chapter shall at all times be posted in a conspicuous place at the place of business of the licensee.

The failure to display a valid current license or the display of an expired license, by a rental agency is a violation of this chapter.

(b) No license shall be assignable or transferable.

(c) The Commissioner of Assessments and Licenses shall be notified in writing of any change in the licensee's name or business address. A licensee who fails to notify the Commissioner of such a change within ten days of the change shall forfeit his or her license.

(Ord. No. 224-81. Passed 5-4-81, eff. 5-7-81)

682A.05 License Fee; Expiration Date

The annual fee for a license issued under this chapter is twenty-five dollars ($25.00). Such license shall be renewed annually upon application made prior to the expiration of the previous license, unless the previous license was suspended or revoked. All licenses shall expire on May 1 of each year.

(Ord. No. 224-81. Passed 5-4-81, eff. 5-7-81)

682A.06 Failure to Obtain License

A person who engages in business as a rental agency while not duly licensed pursuant to this chapter is in violation of the

Consumer Protection Code (Title Three of this Offenses and Business Activities Code) and is subject to the penalty

provided in Section 682A.99.

(Ord. No. 224-81. Passed 5-4-81, eff. 5-7-81)

682A.07 Revocation or Suspension of License

The license of a rental agency held pursuant to this chapter may be suspended or revoked, or the renewal thereof denied, by the Commissioner of Assessments and Licenses upon a determination made by the Director of the Office of Consumer

Affairs, after due notice and hearing, that a licensee has:

(a) Practiced fraud or misrepresentation upon a consumer;

(b) Practiced fraud or misrepresentation in establishing his or her qualifications for a license under this chapter;

(c) Aided or abetted another in practicing fraud or misrepresentation upon a consumer or in establishing qualifications for a license under this chapter;

(d) Engaged in or aided or abetted another in engaging in untrue, misleading or deceptive advertising or selling practices as defined by the statutes, ordinances or regulations of the State, the City or the Federal Government; or

(e) Violated the Consumer Protection Code (Title Three of this Offenses and Business Activities Code) or the regulations promulgated thereunder, or knowingly caused, permitted, aided or abetted another in committing such a violation.

(Ord. No. 224-81. Passed 5-4-81, eff. 5-7-81)

682A.08 Bond

Every applicant for a license issued under this chapter shall, upon approval of his or her application, furnish and file with the Commissioner of Assessments and Licenses a bond in the sum of two thousand five hundred dollars ($2,500), to be approved as to form by the Director of Law and as to sufficiency by the Director of Finance, guaranteeing full and faithful compliance by the applicant with this chapter and binding the surety thereon to indemnify a consumer who suffers a loss by reason of the failure of such rental agency to comply with this chapter.

(Ord. No. 224-81. Passed 5-4-81, eff. 5-7-81)

682A.09 Rules of Operation

No rental agency or agent or employee thereof shall advertise or otherwise solicit consumers for the rental agency business in the City unless the following procedures are followed:

(a) Payment; Contracts.

(1) The rental agency shall not require payment by a consumer of a charge or fee in excess of ten dollars ($10.00) at any time prior to the consumer's entering into a rental agreement or lease with a landlord as a result of information provided by the rental agency. A conspicuous sign shall be posted in the rental agency office in an area in which the agency conducts business with consumers, stating that no fee in excess of ten dollars ($10.00) may be collected until the consumer has entered into a rental agreement or lease as a result of rental information provided by the agency.

(2) The agency's agreement with each consumer shall be evidenced by a written, dated contract which contains the following notice:

PROCEDURE FOR PAYMENT

The complete charge for services provided by ————— is $ —————. Upon registering with ————— you will be required to pay an initial nonrefundable fee of ten dollars ($10.00). If you rent housing through listings provided by ———

——, the balance of the fee for services must be paid to ————— not later than thirty days from the date of rental.

(b) Advertisements and Listings.

(1) No residential housing shall be listed by a rental agency unless the rental agency has received express permission to list the property from the person responsible for showing, renting, leasing or subleasing such property, and has knowledge that such residential housing is available for rental, lease or sublease at the time it is placed on the list. A list of residential housing for rental, lease or sublease prepared by a rental agency shall be accurate and current.

As used in this subsection, "current" means that the availability of residential housing listed shall be verified at least once every forty-eight hours by the rental agency. Such verification may come only as a result of actual contact with the person responsible for showing, renting, leasing or subleasing such property or with a person expressly authorized by him or her to give such information.

(2) All advertisements placed by a rental agency, including, but not limited to, those which describe specific residential housing, shall include the words "rental information services." Availability of rental properties appearing in newspaper advertisements must be verified within forty-eight hours of the time the advertisement appears. All advertisements running in daily newspapers must be ordered to run for one day only or in such a manner as to permit immediate deletions from those advertisements as listings become unavailable.

(3) A list of residential housing for rental, lease or sublease prepared by a rental agency shall contain the following information for each listing, such information to be disclosed to the consumer as part of a residential housing referral:

A. The complete street address of the residential housing, and the apartment or room number;

B. The rental agency charge and whether or not the rental charge is computed weekly, monthly or otherwise;

C. Which utilities, if any, are included in the rental charge. If no utilities are included in the rental charge, this fact shall be disclosed;

D. The number of rooms;

E. The period of tenancy;

F. Any other restriction or limitation (e.g., the impermissibility of children or pets);

G. The name and telephone number of the person who is responsible for showing, renting, leasing or subleasing the residential housing;

H. The date the residential housing was placed for listing with the rental agency;

I. The source of the listing (e.g., landlord, superintendent, newspaper advertisement, etc.). If the source is a person or business entity, the name of the person or business entity shall be disclosed. If the source is a newspaper advertisement, the name of the newspaper and the date of publication shall be disclosed. The source of the listing shall be a newspaper advertisement if the rental agency's initial contact with the listing was a newspaper advertisement.

A list or listing of residential housing provided by a rental agency shall be clearly written, typewritten or otherwise clearly reproduced.

(4) If twenty percent or more of the listings of a rental agency have been advertised in a newspaper by an individual or business entity other than the rental agency, this fact shall be disclosed by a sign. Such sign shall:

A. Measure no less than thirty-six inches by twenty-four inches;

B. State the following in solid black letters measuring no less than one and one-half inches in height:

A substantial number of apartments and houses listed by our service can be found in the classified section of local newspapers.

C. Be conspicuously displayed near the entrance of the rental agency.

(5) When the rental agency refers listings to the consumer over the telephone, the following information shall be disclosed whether or not the consumer specifically requests such information:

A. The complete street address of the residential housing, the apartment or room number, the rental charge, included utilities, the number of rooms, the period of tenancy and other restrictions or limitations; and

B. The name and telephone number of the person who is responsible for showing, renting, leasing or subleasing the residential housing.

(6) Rental agencies shall, upon request made by the Commissioner of Assessments and Licenses or the Director of the

Office of Consumer Affairs, provide copies of all agreements entered into between the rental agency and its subscribers.

(7) Records of all listings and information required by paragraphs (b)(3) and (b)(6) hereof shall be maintained by rental agencies for a period not less than one year from the date of the listing and subscription respectively.

(Ord. No. 224-81. Passed 5-4-81, eff. 5-7-81)

682A.99 Penalty

Whoever falsely represents that he or she is licensed, or holds himself or herself out to be licensed, by this chapter, or who otherwise violates any provision of this chapter, is guilty of a first degree misdemeanor and shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six months, or both.

(Ord. No. 224-81. Passed 5-4-81, eff. 5-7-81)


Chapter 683 — Sound Devices



Power to regulate advertising, RC 715.65

Unnecessary noise, CO 605.10

683.01 Playing of Sound Devices Prohibited; When

(a) No person shall play any radio, music player, television, audio system or musical instrument in such a manner or at such volume as to annoy or disturb the quiet, comfort or repose of neighboring inhabitants or at a volume which is plainly audible to persons other than those who are in the room in which such device or instrument is played and who are voluntary listeners thereto.

(b) Except for organized events which have received any type of permit from the City in conjunction with the event, no person shall play any radio, music player, television or audio system upon a public right of way or upon other public property in such a manner or at such a volume as to disturb the quiet, comfort or repose of other persons.


683.02 Playing of Sound Devices in Motor Vehicles Prohibited; When

No person shall play any radio, music player or audio system in a motor vehicle at such volume as to disturb the quiet, comfort or repose of other persons or at a volume which is plainly audible to persons other than the occupants of said vehicle.


683.03 Permit Required for Sound Amplifying Devices

(a) No person shall install, operate or cause to be installed or operated any sound amplifying device, other than a warning signal, mounted upon any vehicle which is propelled over the streets of the City or stationed thereon or so close thereto as to be plainly audible to persons upon the streets or in public places without first obtaining a permit therefor in accordance with Section 683.04.

(b) For purposes of this chapter, "sound amplifying device" shall mean a machine or device for the amplification of the human voice, music or any other sound. "Sound amplification device" shall not include factory-installed automobile radios when used and heard only by occupants of the vehicle in which the device was installed, or warning devices on authorized emergency vehicles or vehicles used solely for traffic safety purposes.


683.04 License and Permit Application; Fees; Issuance; Renewal; Fee

(a) Every person desiring to operate a sound amplifying device mounted on a vehicle shall make a separate application to the Commissioner of Assessments and Licenses, upon forms prescribed by the Commissioner for each vehicle.

(b) On receipt of a fifty dollar ($50.00) fee, the Commissioner of Assessments and Licenses shall issue a license which shall cover the calendar year in which the application is made.

(c) In addition to the license referred to above, each person desiring to operate a sound amplifying device mounted on a vehicle must obtain a permit from the Commissioner of Assessments and Licenses each time the person desires to operate the device.

(d) On receipt of a ten dollar ($10.00) fee, the Commissioner of Assessments and Licenses, with the approval of the

Director of Public Safety, shall issue a permit which specifies the date of operation, the time during which the device may be operated, the exact location where the operation will be permitted and the specific purpose of the device's operation.

(Ord. No. 2393-02. Passed 2-3-03, eff. 2-3-03)

683.05 Regulations Governing Sound Amplifying Devices on Vehicles

(a) No sound amplifying device mounted on a vehicle shall operate with a power output in excess of twenty (20) watts, nor with maximum distortion of sound and volume in excess of two percent (2%) at full volume.

(b) No sound amplifying device mounted on a vehicle shall be operated between the hours of 8:00 p.m. and 10:00 a.m. or at any time within five hundred (500) feet of any school, church or hospital.

(c) No sound amplifying device mounted on a vehicle shall be operated on a Sunday; provided that any such device may be operated in substitution for a band as part of a parade held after 1:00 p.m. on Sunday under the auspices of any organization authorized to hold such a parade, if the permit issued pursuant to Section 683.04 so indicates.

(d) No sound amplifying device mounted on a vehicle shall operate within the area bounded on the west by West 9th

Street, on the north by Lake Erie, on the east by East 22nd Street and on the south by Woodland Avenue (the "Downtown

Area"), except when the Director of Public Safety determines that operation of the sound amplifying device will not unduly disrupt the conducting of businesses in the Downtown Area. No sound amplifying device mounted on a vehicle shall operate within any of the residential districts described in Chapter 337, except when the Director of Public Safety determines that operation of the sound amplifying device will not unduly disrupt the district or districts in which the permit applicant intends to operate said device. In either of such cases the determination of the Director of Public Safety shall be noted on the permit issued pursuant to division (c) of Section 683.04.

(e) No sound amplifying device shall be installed or operated on a vehicle unless the license and permit required by

Section 683.04 are conspicuously displayed on said vehicle.

(f) The provisions of this section do not apply to sound amplifying devices mounted on emergency vehicles owned and controlled by the Divisions of Police, Fire or Emergency Medical Services or to private ambulances which are engaged in responding to emergency calls.


683.06 Permit Required for Sound Devices or Sound Amplifying Devices Which Promote

Commercial Activities

(a) No person shall play or use any drum, loudspeaker, radio, audio system or other instrument or sound amplifying device for the purpose of creating noise to attract attention to any performance or show or any sale or display of merchandise without first obtaining a permit therefor in accordance with Section 683.07.

(b) No owner, agent or operator of a commercial enterprise located within a permanent structure or building shall use, set up or operate a sound amplifying system which is deliberately directed and placed so as to be plainly audible outside the structure or building and which is used to transmit any type of music or message advertising products sold on the premises or inviting the public to patronize the establishment located on the premises without first obtaining a permit therefor in accordance with Section 683.07


683.07 Permit Application; Fees; Issuance

(a) Every person desiring to conduct the activities described in division (a) or (b) of Section 683.06 shall make application for a permit to the Commissioner of Assessments and Licenses on forms prescribed by the Commissioner.

(b) On receipt of a twenty-five dollar ($25.00) fee, the Commissioner of Assessments and Licenses shall issue the permit, provided that:

(1) The Director of Public Safety is satisfied that the permit's issuance will not result in unnecessary and unseemly noise to the detriment of the health or comfort of any individuals; and

(2) No permit shall be issued for more than fourteen (14) consecutive days and no permit or combination of permits shall be issued to exceed a total of thirty (30) days in any calendar year for a specific location.

(c) The permit shall specify the exact location at which the activity for which the permit is issued may occur and the day or days during which the activity may take place.

(Ord. No. 2393-02. Passed 2-3-03, eff. 2-3-03)

683.08 Regulations Governing Sound Devices or Sound Amplifying Devices Which

Promote Commercial Activities

(a) No device described in Section 683.06 shall be used for the purposes set forth therein:

(1) On Sunday;

(2) On any day between the hours of 8:00 p.m. and 10:00 a.m.; or

(3) Within 500 feet of any school, church or hospital.

(b) No device described in Section 683.06 shall operate within a power output in excess of twenty (20) watts nor with maximum distortion of sound and volume in excess of two percent (2%) at full volume.


683.09 Revocation or Suspension of License or Permit

The Commissioner of Assessments and Licenses, upon the recommendation of the Chief of Police, may at any time revoke or suspend the license or permits granted under authority of this chapter for failure to comply with the terms of this chapter or with any laws or regulations relating to the operation of sound devices or sound amplifying devices.


683.10 Appeals

If the Commissioner of Assessments and Licenses refuses to issue or revokes or suspends a license or permit, the applicant licensee, or permittee may appeal such order to the Board of Zoning Appeals established pursuant to Charter Section 76-6.

Written notice of such appeal shall be filed with the Board within ten days after the making of such order. Within ten days after the filing of such notice, the Board shall proceed to hear such appeal, at which hearing all parties interested shall be afforded an opportunity to be heard. The Board shall approve, modify or annul the order from which the appeal has been performed, and the finding of the Board shall be final with respect to all parties thereto.


683.99 Penalty

(a) Whoever violates any of the provisions of this chapter shall be guilty of a fourth degree misdemeanor and, upon a first offense, shall be fined two hundred and fifty dollars ($250.00), which fine shall not be suspended, waived or otherwise reduced below that amount, and subject to up to 30 days in jail. In addition, the equipment or device used in the commission of a violation of Section 683.01 or 683.02 is hereby declared to be contraband and may be seized and disposed of in accordance with RC 2933.43.

(b) Whoever violates any provision of this chapter upon any subsequent offense shall be guilty of a misdemeanor of the third degree, and shall be fined five hundred dollars ($500.00), which fine shall not be suspended, waived or otherwise reduced below that amount, and subject to up to 60 days in jail.

(c) Each day upon which a violation occurs or continues shall be a separate offense and punishable as such hereunder.

(Ord. No. 1172-07. Passed 6-9-08, eff. 6-9-08)


Chapter 683A — MASSAGE ESTABLISHMENTS


Note: Ord. No. 2788-87, passed November 23, 1987, effective November 25, 1987, changed the numbering of sections in

Chapter 683A which were inadvertently misnumbered in Ord. No. 222-87.


For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

"Applicant." A person applying for a permit under this chapter and includes all partners, including limited partners of a partnership applicant, any officer or director of a corporate applicant, and any stockholder holding more than 2% of the stock of a corporate applicant.

"Employee." Any and all persons, other than the masseurs or masseuses, who render any service to the permittee, who receive compensation directly from the permittee, and who have no physical contact with customers and clients.

"Health Officer." The Director of the Department of Public Health and Welfare of the city or his authorized representative.

"Massage." Any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of the external soft parts of the body with the hands or with the aid of any mechanical or electrical apparatus or appliance, with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments or other similar preparation commonly used in this practice.

"Massage Establishment." Any establishment having a fixed place of business where any person, firm, association or corporation engages in, or carries on, any of the activities included in the definition of "Massage" above.

"Masseur" or "Masseuse". Any individual who, for any consideration whatsoever, engages in the practice of massage.

"Permittee." The operator of a massage establishment.

"Person." Any individual, copartnership, firm, association, joint stock company, corporation or combination of individuals of whatever form or character.

"Sexual or Genital Area." The genitals, pubic area, anus and perineum of any person, or the vulva or breasts of a female.

(Ord. No. 222-87. Passed 5-11-87, eff. 6-20-87)

683A.02 Establishments; Permit Required

No person shall engage in, conduct or carry on, or permit to be engaged in, conducted or carried on, in the city, in or upon any premises in the city, the operation of a massage establishment without first having obtained a permit therefor from the Commissioner of Assessments and Licenses, after approval of the Health Officer.

(Ord. No. 222-87. Passed 5-11-87, eff. 6-20-87)

683A.03 Permit Application; Fee

(a) Every applicant for a permit to maintain, operate, or conduct a massage establishment shall file an application in duplicate, under oath, with the Commissioner of Assessments and Licenses on a form provided by the Commissioner and pay a non-refundable filing fee of two hundred dollars ($200.00) to the City Treasurer, who shall issue a receipt which shall be attached to the application filed with the Commissioner of Assessments and Licenses.

(b) The Commissioner of Assessments and Licenses shall, within five days, refer copies of such application to the Fire

Division, the Health Commissioner, the Building Inspection Division, and the Police Division. These agencies shall, within

30 days, inspect the premises proposed to be operated as a massage establishment and make written recommendations to

the Commissioner of Assessments and Licenses concerning compliance with the codes and regulations that they administer.

(c) Within ten days of receipt of the recommendations of the agencies in division (b) of this section, the Commissioner of

Assessments and Licenses shall notify the applicant that his application is granted, denied, or held for further investigation. The period of the additional investigation shall not exceed an additional 30 days unless otherwise agreed to by the applicant. On the conclusion of the additional investigation, the Commissioner of Assessments and Licenses shall advise the applicant, in writing, whether the application is granted or denied.

(d) Whenever an application is denied or held for further investigation, the Commissioner of Assessments and Licenses shall advise the applicant in writing of the reasons for the action.

(e) The failure or refusal of the applicant to promptly give information relevant to the investigation of the application or his or her refusal to submit to or cooperate with any inspection required by this chapter shall constitute an admission by the applicant that he or she is ineligible for the permit and shall be grounds for denial by the Commissioner of

Assessments and Licenses.

(f) If the application is denied, the applicant shall have the right to appeal to the Board of Appeals established under

Section 76-6 of the Charter. The applicant shall within ten days after notification of denial file notice in writing with the

Commissioner of Assessments and Licenses of applicant's intention to appeal to the Board. The Board, after public hearing, may sustain, disapprove, or modify the order.

(Ord. No. 2393-02. Passed 2-3-03, eff. 2-3-03)

683A.04 Contents of Application

(a) The application for a permit to operate a massage establishment shall set forth the exact nature of the massage to be administered, the proposed place of business and facilities therefor.

(b) In addition to the foregoing, any applicant for a permit, including any partner or limited partner of a partnership applicant, and any officer or director of a corporate applicant and any stockholder holding more than 2% of the stock of a corporate applicant, shall furnish the following information:

(1) His name and address;

(2) Written proof that the individual is at least 18 years of age;

(3) All residential addresses for the past three years;

(4) The applicant's height, weight and color of eyes and hair;

(5) The business, occupation or employment of the applicant for the three years immediately preceding the filing of the application;

(6) The massage or similar business license history of the applicant; whether such person, in previously operating in this or another city or state under license, has had such license revoked or suspended, the reason therefor and the business activity or occupation subsequent to such action of suspension or revocation;

(7) All criminal or city ordinances violated, convictions, forfeiture of bond and pleadings of nolo contendere on all charges, except minor traffic violations, within the last five years;

(8) The fingerprints and two front-face portrait photographs of the applicant taken within 30 days of the date of the application and at least two inches by two inches in size; and

(9) If the applicant is a corporation, or a partner of a partnership is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation.

(Ord. No. 222-87. Passed 5-11-87, eff. 6-20-87)

683A.05 Issuance of Permits; Effective Period

(a) Upon receipt of the certificate of the Health Officer that the massage establishment is in compliance with all of the health and sanitation requirements of this code, and the certificate of the Building Inspector and the Fire Inspector that the building meets the requirements of the building code and the fire prevention regulations, respectively, and the certificate of the Chief of Police that the applicant or applicants have not been convicted in a court of competent jurisdiction of the crimes listed in division (a) (2), the Commissioner of Assessments and Licenses shall issue a permit to maintain, operate or conduct a massage establishment, unless he finds:

(1) That the operation, as proposed by the applicant, if permitted, would not have complied with all applicable laws of the city;

(2) That the applicant and any other person who will be directly or indirectly engaged in the management and operation of a massage establishment has been convicted of a felony; an offense involving sexual misconduct with children; prostitution; soliciting for purposes of prostitution; pandering; keeping a place of prostitution; pimping; any crime involving dishonesty, fraud or deceit; or any other offense opposed to decency and morality; within the last five years.

(b) Every massage establishment permit issued pursuant to this chapter will terminate at the expiration of one year from the date of its issuance, unless sooner suspended or revoked.

(Ord. No. 222-87. Passed 5-11-87, eff. 6-20-87)

683A.06 Revocation or Suspension of Permits

(a) Any permit issued for a massage establishment may be revoked or suspended by the Commissioner of Assessments and

Licenses after a hearing for good cause, or in any case where any of the provisions of this chapter are violated, or where an employee of the permittee, including a masseur or masseuse, is engaged in any conduct at the permittee's place of business which violates any of the provisions of this chapter or any state law which provides for imprisonment, and the permittee has actual or constructive knowledge of such violation or the permittee should have actual or constructive knowledge by due diligence, or where an applicant has made a false statement on an application for a permit under this chapter, or in any case where the permittee or licensee refuses to permit any duly authorized police officer or health inspector of the city to inspect the premises or the operations therein. Such permit may also be revoked or suspended by the Commissioner of Assessments and Licenses after hearing, upon the recommendation of the Health Officer, when such business is being managed, conducted or maintained without regard for the public health or the health of patrons or customers or without due regard to proper sanitation or hygiene.

(b) Any violation of this chapter by any employee of the permittee, including a masseur or masseuse, shall be cause for suspension of the permit for not more than 30 days in the first instance. Any subsequent violation of this chapter by any employee of the permittee, including a masseur or masseuse, shall be cause for suspension or revocation of the permit.

(c) The Commissioner of Assessments and Licenses, before revoking or suspending any permit, shall give the permittee at least ten days written notice of the charges against him or her and the opportunity for a public hearing before the Board of

Appeals established pursuant to Section 76-6 of the Charter. The applicant shall file notice in writing with the

Commissioner of Assessments and Licenses of applicant's intention to appeal to the Board. The Board, after public hearing, may sustain, disapprove or modify such order.

(Ord. No. 222-87. Passed 5-11-87, eff. 6-20-87)

683A.07 Masseur or Masseuse Permit Required

Any person, including an applicant for a massage establishment permit, who engages in the practice of massage, shall file an application for a masseur or masseuse permit with the Commissioner of Assessments and Licenses upon a form provided by the Commissioner of Assessments and Licenses and shall pay a nonrefundable filing fee of fifty dollars

($50.00) for an application to the City Treasurer who shall issue a receipt which shall be attached to the application filed with the Commissioner of Assessments and Licenses.

(Ord. No. 2393-02. Passed 2-3-03, eff. 2-3-03)

683A.08 Application Form for Masseur or Masseuse Permit

The application for a masseur or masseuse permit shall contain the following information:

(1) The name and residence address of the applicant;

(2) The social security number and driver's license number, if any, of the applicant;

(3) The applicant's weight, height and color of hair and eyes;

(4) Written evidence that the applicant is at least 18 years of age;

(5) The business, occupation or employment of the applicant for the three years preceding the date of application;

(6) Whether the applicant has been convicted of, pleaded nolo contendere to, or suffered a forfeiture on a bond involving a charge of committing any crime, except minor traffic violations, within the last five years. If the answer is in the affirmative, a statement must be made giving the place and the court in which such conviction, plea or forfeiture was had, the specific charge under which the conviction, plea or forfeiture was obtained, and the sentence imposed as a result thereof.

(7) The Chief of Police, or his delegate, shall have the right to take fingerprints and a photograph of the applicant and the right to confirm the information submitted.

(8) All persons who desire to perform the services of masseur or masseuse at a massage establishment shall first undergo a physical examination for contagious and communicable diseases, which shall include a recognized blood test for syphilis, a culture for gonorrhea, a test or tests which will demonstrate freedom from tuberculosis, which is to be made and interpreted by a licensed physician acceptable to the Health Officer, and such other laboratory test done in a laboratory acceptable to the Health Officer, as may be necessitated by the above examination, and shall furnish to the Health Officer a certificate based upon the applicant's physical examination and issued within thirty days of such examination, signed by a physician duly licensed by the state and stating that the person examined is either free from any contagious or communicable disease or incapable of communicating any of such diseases to others. Such persons shall undergo the physical examination referred to above and submit to the Health Officer the certificate required herein prior to commencement of their employment and at least once every six months thereafter.

(Ord. No. 222-87. Passed 5-11-87, eff. 6-20-87)

683A.09 Issuance of Masseur or Masseuse Permit; Effective Period

(a) The Commissioner of Assessments and Licenses may issue a masseur or masseuse permit within 21 days following application unless he finds that the applicant for the permit has been convicted within the last five years of a felony; an offense involving sexual misconduct with children; keeping or residing in a house of ill fame; solicitation of a lewd or unlawful act; prostitution; pandering; or any crime involving dishonesty, fraud or deceit.

(b) Every masseur or masseuse permit issued pursuant to this chapter shall terminate at the expiration of one year from the date of issuance, unless sooner suspended.

(c) If the application is denied, the applicant shall have the right to appeal to the Board of Appeals established pursuant to

Section 76-6 of the Charter. The applicant shall within ten days after notification of denial file notice in writing with the

Commissioner of Assessments and Licenses of applicant's intention to appeal to the Board. The Board, after public hearing, may sustain, disapprove or modify such order.

(Ord. No. 222-87. Passed 5-11-87, eff. 6-20-87)

683A.10 Revocation of Masseur or Masseuse Permit

(a) A masseur or masseuse permit issued by the Commissioner of Assessments and Licenses shall be revoked or suspended where it appears that the masseur or masseuse has been convicted of any offense which would be cause for denial of a permit upon an original application; has made a false statement on an application for a permit; or has committed an act in violation of this chapter.

(b) The Commissioner of Assessments and Licenses, in revoking or suspending a masseur or masseuse permit, shall give the permit holder a written notice specifying the grounds therefor. Such person may, within ten days of such revocation or suspension, file a written request with the Commissioner of Assessments and Licenses for a public hearing before the

Board of Appeals established pursuant to Section 76-6 of the Charter. The Board, at said hearing, may sustain, disapprove or modify such order.

(Ord. No. 222-87. Passed 5-11-87, eff. 6-20-87)

683A.11 Facilities

(a) No massage establishment shall be issued a permit, nor be operated, established or maintained in the city unless an inspection by the Health Officer, Building Inspector and Fire Inspector reveals that the establishment complies with each of the following minimum requirements:

(1) Construction of rooms used for toilets, tubs, steam baths and showers shall be made waterproof with approved waterproof materials and shall be installed in accordance with the Building Code.

(2) All massage tables, bathtubs, shower stalls and steam or bath areas and floors shall have surfaces which may be readily disinfected.

(3) Adequate bathing, dressing and locker facilities shall be provided for the patrons to be served at any given time. In the event male and female patrons are to be served simultaneously, separate bathing, dressing, locker and massage room facilities shall be provided.

(4) The premises shall have adequate equipment for disinfecting and sterilizing non-disposable instruments and materials used in administering massages. Such non-disposable instruments and materials shall be disinfected after use on each patron.

(5) Closed cabinets shall be provided and used for the storage of clean linens, towels and other materials used in connection with administering massages. All soiled linens, towels and other materials shall be kept in properly-covered containers or cabinets, which containers or cabinets shall be kept separate from the clean storage areas.

(6) Toilet facilities shall be provided in convenient locations. When employees and patrons of different sexes are on the premises at the same time, separate toilet facilities shall be provided for each sex. A single water closet per sex shall be provided for each 20 or more employees or patrons of that sex on the premises at any one time. Urinals may be substituted for water closets after one water closet has been provided. Toilets shall be designated as to the sex accommodated therein.

(7) Lavatories or washbasins provided with both hot and cold running water shall be installed in either the toilet room or a vestibule immediately adjacent thereto. Lavatories or washbasins shall be provided with soap and a dispenser and with sanitary towels.

(8) The premises shall be equipped with a service sink for custodial services.

(9) The premises shall meet the requirements of the building code and fire prevention regulations.

(b) The Health Officer, the Building Inspector and the Fire Inspector shall certify that the proposed massage establishment complies with all the requirements of this section and shall send such certification to the Commissioner of

Assessments and Licenses.

(Ord. No. 222-87. Passed 5-11-87, eff. 6-20-87)

683A.12 Operating Requirements

(a) Every portion of the massage establishment, including appliances and apparatus, shall be kept clean and operated in a sanitary condition.

(b) Price rates for all services shall be prominently posted in the reception area in a location available to all prospective customers.

(c) All employees, including masseurs and masseuses, shall be clean and wear clean, non-transparent outer garments, covering the sexual and genital areas, whose use is restricted to the massage establishment. A separate dressing room for each sex must be available on the premises and each dressing room shall contain a tub or shower in good working order and individual lockers for each employee and customer. Doors to such dressing rooms shall open inward and shall be selfclosing.

(d) All massage establishments shall be provided with clean, laundered sheets and towels in sufficient quantity and shall be laundered after each use thereof and stored in a sanitary manner.

(e) The sexual or genital area of patrons must be covered by towels, cloths or undergarments when in the presence of an employee, masseur or masseuse.

(f) No person, knowingly, in a massage establishment, shall place his or her hand upon, touch with any part of his or her body, fondle in any manner, or massage a sexual or genital area of any other person.

(g) No masseur or masseuse, employee or operator shall perform or offer or agree to perform any act which would require the touching of the patron's genital area.

(h) All walls, ceilings, floors, pools, showers, bathtubs, steam rooms and other physical facilities shall be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms or steam or vapor cabinets, shower compartments and toilet rooms shall be thoroughly cleaned each day the business is in operation.

Bathtubs, showers and toilets shall be thoroughly cleaned after each use. When carpeting is used on the floors, it shall be kept dry.

(i) Oils, creams, lotions or other preparations used in administering massages shall be kept in clean, closed containers or cabinets.

(j) Eating in the massage work areas shall not be permitted. Animals, except for seeing-eye dogs, shall not be permitted in the massage work area.

(k) Each masseur and masseuse shall wash his or her hands in hot running water, using a proper soap or disinfectant before administering a massage to each patron.

(Ord. No. 222-87. Passed 5-11-87, eff. 6-20-87)

683A.13 Inspections

The Police Division and the Department of Public Health and Welfare shall, from time to time, and at least twice a year, make an inspection of each massage establishment granted a permit under the provisions of this chapter for the purposes of determining that the provisions of this chapter are complied with. Such inspections shall be made at reasonable times and in a reasonable manner. No permittee shall fail to allow such inspection officer access to the premises or hinder such officer in any manner.

(Ord. No. 222-87. Passed 5-11-87, eff. 6-20-87)

683A.14 Employment of Person Under the Age of 18

No owner, proprietor, manager or other person in charge of any massage establishment shall employ any person who is not at least 18 years of age.

(Ord. No. 222-87. Passed 5-11-87, eff. 6-20-87)

683A.15 Identification Card

The Commissioner of Assessments and Licenses shall provide each masseur and masseuse granted a permit with an identification card which shall contain a photograph of the masseur or masseuse and the full name and permit number assigned to such masseur or masseuse, which must be worn on the front of the outermost garment at all times during the hours of operation of any establishment granted a permit pursuant to this chapter.

(Ord. No. 222-87. Passed 5-11-87, eff. 6-20-87)

683A.16 Transfer of Permits

No permit for the operation of a massage establishment issued pursuant to the provisions of this chapter shall be transferable except with the written consent of the Commissioner of Assessments and Licenses and approval of the Health

Officer, provided, however, that upon the death or incapacity of the permittee, the massage establishment may continue in business for a reasonable period of time to allow for an orderly transfer of the permit.

(Ord. No. 222-87. Passed 5-11-87, eff. 6-20-87)

683A.17 Display of Permits

Every permittee shall display a valid permit in a conspicuous place within the massage establishment so that the same may be readily seen by persons upon entering the premises.

(Ord. No. 222-87. Passed 5-11-87, eff. 6-20-87)

683A.18 Employment of Masseurs and Masseuses

It shall be the responsibility of the permittee for the massage establishment or the employer of any person purporting to act as a masseur or masseuse to insure that each person employed as a masseur or masseuse has first obtained a valid permit pursuant to this chapter.

(Ord. No. 222-87. Passed 5-11-87, eff. 6-20-87)

683A.19 Time Limit for Filing Application for Permit

All persons who presently operate a massage establishment or who are employed as a masseuse or masseur must file for a permit within thirty (30) days of the effective date of this chapter. Applications for renewal of permits must be filed not more than two months nor less than one month prior to termination of an existing permit.

(Ord. No. 222-87. Passed 5-11-87, eff. 6-20-87)

683A.191 Reapplication Restriction

(a) No person may reapply for a masseur or masseuse permit within one year of the date of a denial or revocation of the same by the Commissioner of Assessments and Licenses.

(b) If any person has been denied a permit to operate a massage establishment at a given location or has had a permit revoked, then no person may submit an application to operate a massage establishment at the same location within one year of the denial or revocation by the Commissioner of Assessments and Licenses.

(c) In addition to and not in limitation of division (b) of this section, no person who has been denied a permit to operate a massage establishment at a given location or has had a permit revoked may apply to operate a massage establishment at any other location within one year of the denial or revocation by the Commissioner of Assessments and Licenses. This division shall not apply if the sole reason for the denial or revocation was that the physical facility of the massage establishment failed to meet any of the requirements of Section 683A.11, or the second and third sentences of division (c) of Section 683A.12, or division (h) of Section 683A.12, the Building Code or the Fire Prevention Code.

(Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)

683A.20 Application of Chapter

This chapter shall not apply to hospitals, nursing homes, sanitaria or persons holding an unrevoked certificate to practice the healing arts under the laws of the state, or persons working under the direct supervision and in their presence, of any such persons or in any such establishments, nor shall this chapter apply to barbers or cosmetologists lawfully carrying out their particular profession or business and holding a valid, unrevoked license or certificate of registration issued by the state.

(Ord. No. 222-87. Passed 5-11-87, eff. 6-20-87)

683A.21 Rules and Regulations

The Director of Public Safety, the Health Officer, or both, may, after a public hearing, make and enforce reasonable rules and regulations not in conflict with, but to carry out the intent, of this chapter.

(Ord. No. 222-87. Passed 5-11-87, eff. 6-20-87)

683A.22 Keeping of Records

Every person who operates a massage establishment or practices or provides a massage shall, at all times, keep an appointment book in which the name and address of each and every patron shall be entered, together with the time, date, service provided and the price charged. Such appointment book shall be available at all times for inspection by either the

Police Chief, the Health Officer or authorized representative.

(Ord. No. 222-87. Passed 5-11-87, eff. 6-20-87)

683A.23 Patrons under 18

No person shall permit any person under the age of 18 years to come or remain on the premises of any massage establishment as a patron.

(Ord. No. 222-87. Passed 5-11-87, eff. 6-20-87)

683A.24 Maintaining a Public Nuisance

Any building used as a massage establishment in violation of this chapter with the intentional, knowing, reckless or negligent permission of the owner thereof, or the agent of the owner managing the building, together with all fixtures and other property used in violation of this chapter, are declared to be a nuisance.

(Ord. No. 222-87. Passed 5-11-87, eff. 6-20-87)

683A.25 Review

The decision of the Commissioner of Assessments and Licenses with regard to the issuance, suspension or revocation of any permit under this chapter shall be reviewable by the Board of Zoning Appeals upon the written request of the party filed with the Board of Zoning Appeals within ten days of such refusal, revocation or suspension. The Board of Zoning

Appeals shall review evidence previously submitted to the Commissioner of Assessments and Licenses and any additional evidence presented with the written request for review. The decision of the Board of Zoning Appeals, upon such review, shall be a final, appealable order.

(Ord. No. 222-87. Passed 5-11-87, eff. 6-20-87)

683A.99 Penalty

Every person, except those persons who are specifically exempted by this chapter, whether acting as an individual, owner, employee of the owner, operator or employee of the operator, or whether acting as a mere helper for the owner, employee or operator, or acting as a participant or worker in any way, who gives massages or conducts a massage establishment without first obtaining a permit and paying a license fee to do so from the City, or who violates any of the provisions of this chapter, is guilty of a misdemeanor of the first degree.

(Ord. No. 222-87. Passed 5-11-87, eff. 6-20-87)


Chapter 684 — Street Action Pictures





Littering, CO Ch 613



(a) "Street action picture" means a photograph taken upon the streets or sidewalks of any person or persons in motion or at rest, by means of a quick action camera and designed to be sold to such person or persons.

(b) "Pedestrian" means any person walking or standing upon the sidewalks or streets of the City.

(Ord. No. 1097-39. Passed 12-11-39)


No person, firm or corporation shall engage in the business of taking action pictures of pedestrians upon the sidewalks in the City unless and until such person has been licensed as provided in this chapter.

684.03 License Application; Fee

Any person, firm or corporation desiring to engage in the business of taking street action pictures upon the sidewalks or streets of the City shall make application for a license to the Commissioner of Assessments and Licenses upon such forms

as he may prescribe. Such application shall be accompanied by a fee of fifty dollars ($50.00) for each camera to be used.

(Ord. No. 1097-39. Passed 12-11-39)

684.04 License Issuance

When satisfied that the applicant is of good moral character, the Commissioner of Assessments and Licenses shall issue a license for the calendar year to the applicant to engage in the business of taking street action pictures of pedestrians, and shall furnish the applicant with a circular badge not less than two inches in diameter which shall contain, in addition to the license number, such other information as the Commissioner deems necessary.

(Ord. No. 1097-39. Passed 12-11-39)

684.05 Revocation or Suspension of License

The Commissioner of Assessments and Licenses, upon recommendation of the Chief of Police, may at any time revoke or suspend licenses granted under the authority of this chapter, for failure to comply with the terms of this chapter or any of the laws or regulations relating to the taking of street action pictures of pedestrians.

(Ord. No. 1097-39. Passed 12-11-39)

684.06 Appeals

In case of refusal to issue a license or of revocation or suspension of a license by the Commissioner of Assessments and

Licenses, the applicants or licensee may appeal from such order to the Board of Zoning Appeals established pursuant to

Charter Section 76-6. Notice of such appeal shall be in writing and filed with the Board within ten days after the making of such order. The Board shall fix a time of hearing for such appeal not later than ten days after the filing of such notice, at which hearing all parties interested shall be afforded an opportunity to be heard. Such Board shall approve, modify or annul such order from which the appeal has been perfected. Such opinion of the Board shall be final on all parties thereto.

(Ord. No. 1097-39. Passed 12-11-39)

684.07 Regulations

(a) The street action picture licensee shall be governed by the following regulations:

(1) He shall not obstruct or impede pedestrian traffic and shall not remain more than five minutes at any one location on the sidewalk.

(2) He shall conduct himself courteously at all times and shall not make himself a nuisance or annoy pedestrians by importuning them to purchase pictures.

(3) He shall deliver or cause to be delivered the finished photographs to the person purchasing the same within the time specified on the card handed to the person at the time of taking the photographs.

(4) He shall hand out only such cards as have been approved as to form and contents by the Commissioner of Assessments and Licenses.

(5) He shall be accompanied at all times by a person whose duty it shall be to pick up all such cards as may be cast upon the sidewalk by the persons to whom they have been handed.

(b) The Commissioner is empowered to make such further regulations not inconsistent with the provisions of this chapter as he may deem necessary.

(Ord. No. 1097-39. Passed 12-11-39)

684.99 Penalty

Whoever violates the provisions of this chapter shall be fined not less than ten dollars ($10.00) nor more than twenty-five dollars ($25.00) for each offense.

(Ord. No. 1097-39. Passed 12-11-39)


Chapter 685 — Trailer Rental Agencies



Brake equipment required, RC 4513.20

Tail lights, CO 437.04

Towing, CO 439.10

685.01 Tail Light Required

No person, firm or corporation shall rent any trailer within the City unless such trailer is equipped with at least one tail light mounted on the rear which, when lighted, during the time and conditions specified in Section 437.02 of the Codified

Ordinances shall emit a red light visible from a distance of 500 feet to the rear.

(Ord. No. 1107-57. Passed 5-12-58, eff. 5-17-58)

685.02 Stay Chains Required

No person, firm or corporation shall rent, within the City, any trailer, the body of which is fifteen feet or less in length, unless such trailer is equipped with a drawbar, hitch or other towing connection designed to be attached to the rear of the towing vehicle and of sufficient strength to pull the net weight of the trailer and the maximum load capacity of the trailer with which it is equipped; and, in addition, unless the trailer is equipped with a stay chain, cable or other similar device of sufficient size and strength to prevent the trailer from parting with the drawing vehicle in the event that the drawbar, hitch or other towing connection should break or become disengaged.

(Ord. No. 2007-57. Passed 12-16-57, eff. 12-19-57)

685.99 Penalty

Whoever violates any of the provisions of this chapter shall be guilty of a misdemeanor and fined not less than five dollars

($5.00) nor more than one hundred dollars ($100.00).

(Ord. No. 1107-57. Passed 5-12-58, eff. 5-17-58)


Chapter 686 — Hospitals


Note: Ordinance No. 672-97, passed June 19, 2000 without the signature of the Mayor, effective June 29, 2000, enacted

Sections 686.01 to 686.10 and 686.99 of the Codified Ordinances relating to used motor vehicle storage places. Ordinance

No. 1488-2000, passed October 9, 2000, effective October 17, 2000, renumbered Sections 686.01 to 686.10 and 686.99, as enacted by Ordinance No. 672-97, to Sections 686C.01 to 686C.10 and 686C.99. Ordinanc 1488-2000, passed October

9, 2000, effective October 17, 2000, also, in addition to renumbering, amended the text of the versions of Sections 686.04

(686C.04), 686.05 (686C.05), 686.06 (686C.06), and 686.99 (686C.99) that were enacted by Ordinance No. 672-97.


For purposes of this section,

(a) "Hospital" means any institution classified as a hospital under 3701.01 of the Ohio Revised Code in which are provided to inpatients diagnostic, medical, surgical, obstetrical, psychiatric or rehabilitation care for a continuous period longer than twenty-four hours. "Hospital" does not include a facility licensed under Chapter 3721 of the Ohio Revised Code, a health care facility operated by the Ohio Department of Mental Health or the Ohio Department of Mental Retardation and

Developmental Disabilities, a health maintenance organization that does not operate a hospital, the office of any private licensed health care professional, whether organized for individual or group practice, or a clinic that provides ambulatory patient services and where patients are not regularly admitted as inpatients.

(b) "Hospital bed" means a bed in a hospital with the attendant physical space, fixtures, and equipment for use in caring primarily for inpatients. Hospital beds also shall mean beds used for caring for patients who stay for less than twenty-four hours, but for which the primary use is the care of inpatients.

(c) "Emergency services or facilities" mean a hospital based emergency department or facility that accepts patients from ambulance delivery on a regular basis, or holds itself out as accepting or treating life-or-limb threatening conditions.

(d) "Staff member" means an employee, a leased employee, or independent contractor of a hospital or emergency facility.


686.02 Notice of Operation

Upon fifteen (15) days following the passage hereof, the Chief Executive Officer or Chief Administrative Officer of all hospitals and emergency facilities operating within the City of Cleveland shall notify the City of its number of staff members, number of beds, and the types of services provided at the facility. Such written notice shall be updated annually, with a written statement containing the aforementioned information to be provided to the City no later than February 1 of each calendar year. For purposes of this Chapter, written notice shall be provided to the Clerk of Council, the Mayor, and the Director of Public Safety.


686.03 Notice of Decreased Operation

At least ninety (90) days prior to commencing any of the following activities, The Chief Executive Officer, Chief

Administrative Officer or a person planning an activity that includes any of the following changes from a hospital or emergency facility's operations as set forth in the prior years' notice to the City, provided pursuant to Section 686.02, shall file a written notice of such intent with the Clerk of Council, the Mayor, and the Director of Public Safety:

(a) any reduction in, relocation to another facility or site, or changes in the categorization of inpatient hospital beds by twenty percent (20%) or greater;

(b) any reduction in or significant operational change to hospital facilities or services;

(c) any reduction in staff members by twenty percent (20%) or greater; or

(d) any reduction in or significant operational change to a hospital's emergency services or facilities.


686.04 Equitable Remedies

If a person violates or proposes to violate any section of this Chapter, the City, in addition to other remedies provided by law, may institute injunction, mandamus or any other appropriate action or proceeding to prevent, enjoin or require compliance with this Chapter.


686.99 Penalty

Whoever violates any of the provisions of this Chapter shall, upon conviction, be guilty of a misdemeanor of the first degree and shall, upon being convicted of or pleading guilty to a violation of this Chapter, be subject to the penalties contained in Section 601.99 of the Ohio Revised Code. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.



Chapter 686A — HOTELS



As used in this chapter "hotel" shall have the same definition as found in Section 363.08 of the Codified Ordinances of the

City of Cleveland, Ohio, 1976.

(Ord. No. 901-2000. Passed 10-9-00, eff. 10-17-00)

686A.02 Room Rental

No person, business or corporation shall offer a room for hire or rent in a hotel for any increment other than a twenty-four

(24) hour increment. This provision shall not apply, however, to meeting, dining and banquet rooms located in hotels.

(Ord. No. 901-2000. Passed 10-9-00, eff. 10-17-00)

686A.03 Late Charges

No provision of this Chapter shall prohibit a hotel from assessing late charges or similar charges to patrons who fail to check out in accordance with posted check out times or procedures.

(Ord. No. 901-2000. Passed 10-9-00, eff. 10-17-00)

686A.99 Penalty

Whoever violates any provisions of this chapter shall be guilty of a misdemeanor of the fourth degree.

(Ord. No. 901-2000. Passed 10-9-00, eff. 10-17-00)


Chapter 686C — USED MOTOR VEHICLE STORAGE PLACES


Note: Ordinance No. 672-97, passed June 19, 2000 without the signature of the Mayor, effective June 29, 2000, enacted

Sections 686.01 to 686.10 and 686.99 of the Codified Ordinances relating to used motor vehicle storage places. Ordinance

No. 1488-2000, passed October 9, 2000, effective October 17, 2000, renumbered Sections 686.01 to 686.10 and 686.99, as enacted by Ordinance No. 672-97, to Sections 686C.01 to 686C.10 and 686C.99. Ordinanc 1488-2000, passed October

9, 2000, effective October 17, 2000, also, in addition to renumbering, amended the text of the versions of Sections 686.04

(686C.04), 686.05 (686C.05), 686.06 (686C.06), and 686.99 (686C.99) that were enacted by Ordinance No. 672-97.

686C.01 Intent

The regulations of this chapter establish annual licensing requirements intended to ensure that used motor vehicle storage places are improved and maintained in a manner which promotes public safety and which protects the value and character of nearby properties.


Note: Renumbered by Ord. No. 1488-2000. Passed 10-9-00, eff. 10-17-00.

686C.02 Definitions

As used in this chapter, the following terms shall be defined in the following manner:

(a) "Commissioner" means the Commissioner of Assessments and Licenses.

(b) "Director" means the Director of the City Planning Commission.

(c) "Motor vehicle" is as defined in Chapter 401 of the Codified Ordinances and refers, generally, to an automobile, truck or motorcycle.

(d) "New motor vehicle dealer" means any person engaged in the business of selling at retail, displaying, offering for sale, or dealing in new motor vehicles pursuant to a contract or agreement entered into with the manufacturer, remanufacturer, or distributor of the motor vehicles.

(e) "Used motor vehicle dealer" means any person engaged in the business of selling, displaying, offering for sale, or dealing in used motor vehicles, at retail or wholesale, but does not include any of the following:

(1) a new motor vehicle dealer selling, displaying, offering for sale, or dealing in used motor vehicles incidental to engaging in the business of selling, displaying, offering for sale, or dealing in new motor vehicles, provided that the used motor vehicles are sold, displayed or offered for sale on land that is adjacent or contiguous to the new motor vehicle sales lot; or

(2) a person engaged in the business of dismantling, salvaging, or rebuilding motor vehicles by means of using used parts; or

(3) a public officer performing official duties.

(f) "Used motor vehicle sales place" means the business premises of a used motor vehicle dealer. Two or more adjoining or proximate parcels used for such purposes and operated as a single business shall be considered one "used motor vehicle

sales place" for purposes of this chapter.



686C.03 License Required

No used motor vehicle storage place shall be established or operated without a license issued pursuant to this chapter.

Each motor vehicle sales place shall require a separate license regardless of the number of such places operated by a single business or dealership. Licenses shall be renewed on an annual basis and shall not be assignable or transferable. A new license shall be required for each new operator and for any enlargement or expansion of the area used for storage of motor vehicles at a used motor vehicle storage place.



686C.04 Application, Plans and Fees

(a) License Application. Any person or firm operating or proposing to operate a used motor vehicle storage place shall submit a license application to the Commissioner of Assessments and Licenses on a form provided by the Commissioner, in accordance with the following provisions:

(1) Submission Date. For used motor vehicle storage places in operation prior to the initial effective date of this chapter, the required license application shall be submitted by October 31, 2000, for issuance by December 31, 2000. Thereafter, applications for license renewal shall be submitted by October 31 of each year for issuance by December 31 of that year.

For used motor vehicle storage places established on or after the initial effective date of this chapter, the required license application shall be submitted at least two (2) months prior to the requested start of operation.

(2) Application Contents. License applications shall provide the following information and any other information which the Commissioner deems necessary to determine compliance with the provisions of this chapter:

A. the address, telephone number and name, if any, of the used motor vehicle storage place and a map showing and identifying, by permanent parcel number, the parcels of land which are occupied by such use;

B. name, address, telephone number, and each social security number of each operator of the used motor vehicle storage place, each partner in the case of a partnership, and each officer and Director in the case of a corporation;

C. a copy of the current Certificate of Occupancy for the premises, indicating that the use has been legally established under applicable provisions of the Zoning and Building Codes;

D. a list of temporary license plates issued by the used motor vehicle sales place in the previous twelve (12) months.

(3) License Fee. Each application for issuance or renewal of a license’ shall be accompanied by a fee of one hundred dollars

($100.00), submitted to the Commissioner of Assessments and Licenses (made payable to the "City of Cleveland").

(b) Improvement Plans. In the case of a proposal to establish a used motor vehicle storage place or to expand or enlarge the motor vehicle storage area of such place, and in the case of any existing used motor vehicle storage place for which compliance with the fencing and landscaping requirements of Section 686C.07 is due during the current licensing year, the operator of such place shall submit plans to the Commissioner of Assessments and Licenses for approval by Director of the City Planning Commission, demonstrating compliance with those requirements. Such plans shall be prepared and submitted in accordance with the following provisions:

(1) Submission Date. For used motor vehicle storage places in operation and legally established prior to the initial effective date of this chapter, the required improvement plans shall be submitted no later than February 28, 2001. In all other cases, the required plan shall be submitted with the license application required in division (a) of this section.

(2) Plan Contents. In addition to listing the address of the used motor vehicle storage place and the name, address and telephone number of the operator, the submission of improvement plans shall include the following:

A. an accurately scaled and dimensioned site plan and elevation drawing showing all existing and proposed fencing, landscaping, yard areas, vehicle storage areas, customer and employee parking areas, sidewalks, treelawns, curbs, driveways, wheelstops, guardrails, buildings, signs, and lot lines;

B. specifications for all proposed fencing and landscaping, indicating the type, color, material and gauge of fencing; the type, height and number of landscape materials, and a description of proposed ground cover and landscape curbing.

(3) Plan Fee. Each plan submission shall be accompanied by a fee of one hundred dollars ($100.00). Such Plan Fee shall be in addition to any License Fee and shall be submitted to the Commissioner of Assessments and Licenses (made payable to the "City of Cleveland").

(Ord. No. 1488-2000. Passed 10-9-00, eff. 10-17-00)

686C.05 License Approval and Issuance

(a) Referral to Commissioner of Building and Housing. Upon receipt of a complete license application and accompanying fee, the Commissioner of Assessments and Licenses shall transmit the application to the Commissioner of Building and

Housing for a determination of compliance with the provisions of this chapter, except as provided in division (b) for the determination of initial compliance with the requirements of fencing and landscaping.

(b) Referral to City Planning Director. In the case of a license application for which initial compliance with the fencing and landscaping requirements of Section 686C.07 was required during the current licensing year, the Commissioner of

Assessments and Licenses shall transmit a copy of the application to the Director of the City Planning Commission for a determination of compliance with such requirements.

(c) Issuance of License. For used motor vehicle storage places which are in compliance with the provisions of this chapter, the Commissioner of Assessments and Licenses shall issue a license not later than December 31 of each year or not later than two (2) months after receipt of a complete application, whichever date occurs later.

(d) Effective Period. Licenses, generally, shall be in effect for a period of one (1) year, from January 1 to December 31. For a used motor vehicle storage place established through licensing or re-licensing on a date other than January 1, the license shall be in effect for the remainder of the regular licensing” year. For a license issued after September 1 but prior to

December 31, the license shall be in effect until December 31 of the following calendar year.

(Ord. No. 1488-2000. Passed 10-9-00, eff. 10-17-00)

686C.06 Storage of Vehicles for Sale

(a) Storage. Motor vehicles stored for sale shall be kept off of public sidewalks and public streets. Such vehicles shall be contained on private property by means of the ornamental metal fencing and/or landscape strips as required in Section

686C.07. In the case of a used motor vehicle storage place for which installation of such fencing or landscaping is not yet required, stored vehicles shall be kept off of the public right-of-way by maintenance of setback areas required by zoning regulations and/or by anchored concrete or plastic wheelstops, concrete or asphalt curbing, wooden bollards or blackpainted posts and metal chains/cables, or black-painted guard rails or pipe rail. Chain link or wooden fencing shall not be used to contain stored vehicles on private property, except that retention of such fencing, if in good repair, shall be permitted until installation of ornamental metal fencing or landscaping is required by the provisions of Section 686C.07.

(b) Use. If the operator of a motor vehicle sales place permits customers to test drive vehicles offered for sale, the operator shall provide to each such customer, immediately prior to the test drive, a written notice stating that the vehicle shall be operated in accordance with all applicable traffic laws, and, more specifically, shall not be operated in a manner that produces excessive and unusual levels of noise or fumes. To facilitate compliance with this notice, an employee of the used motor vehicle sales place shall accompany any customer test-driving a vehicle being offered for sale. Repeated violations of the provision of this section will be considered cause for suspension or revocation of a license.

(Ord. No. 1488-2000. Passed 10-9-00, eff. 10-17-00)

686C.07 Fencing and Landscaping

Used motor vehicle storage places shall be bordered along all public streets, except at permitted driveway openings, by fencing and/or landscape strips which meet the standards established in this section.

(a) Landscape Strip. Except as provided in division (d) of this section, a landscape strip shall be provided along the entire length of each street right-of-way bordering the used motor vehicle storage place, except at permitted driveway openings.

(1) Width. Each such landscape strip shall be a minimum of four (4) feet in width, as measured inward from the public right-of-way line, but shall be no narrower than any yard of setback required by Zoning Code regulations or as established by action taken by the Board of Zoning Appeals prior to the initial effective date of this chapter.

(2) Shrubs and Trees. The landscape strip shall be planted with evergreen shrubs, at least two (2) feet in height above the grade of the adjoining surface on which motor vehicles are stored or parked, with such shrubs spaced at maximum intervals of five (5) feet along the length of each strip. Trees, at least two (2) inches in caliper, shall be provided in each landscape strip at maximum intervals of forty (40) feet. If the shrubs are spaced at maximum intervals of two and an half

(2 1/2) feet, no trees shall be required.

(3) Ground Cover and Curbing. The landscape strip, if over four (4) feet in width, shall be planted with grass or other vegetative ground cover. If four (4) feet or less in width, the landscape strip may be covered with decorative bark, mulch or stones, and such materials shall be bordered along the sidewalk edge by concrete curbing and along other edges by concrete curbing, asphalt curbing, or treated timbers.

(b) Ornamental Fencing. Fencing meeting the requirements of this division shall be provided along the entire length of each street right-ofway bordering the used motor vehicle storage place, except at permitted driveway openings and except as provided in divisions (c) and (d) of this section. Such fencing shall be composed of wrought iron-style ornamental metal pickets and rails, black in color, constructed of iron, steel or aluminum, a minimum of four (4) feet in height and a maximum of six (6) feet in height. Pickets shall be spaced no more than six (6) inches apart, and shall be at least 5/8 inches in diameter if hollow and at least 3/8 inches in diameter if solid. Brick or stone elements may also be incorporated into such fence. The City Planning Commission may approve use of ornamental barriers as an alternative to the otherwiserequired wrought-iron style fencing, in accordance with design guidelines adopted by the Commission. Any fencing provided along street frontages, whether required or provided voluntarily, shall meet the requirements of this division.

(c) Barriers. Non-ornamental barriers may be substituted for ornamental fencing along street frontages where landscaping meeting the requirements of division (a) of this section is provided. Such barriers may be composed of either capped metal posts or wooden bollards, linked by metal chains or cables, pipe rail, no more than four (4) feet in height. All metal posts and rails shall be black in color. Wooden bollards shall be eight (8) inches square, with a beveled or chamfer top edge, and a one (1) inch deep routed groove approximately one (1) foot below the top edge.

(d) Landscaping and Fencing Exemptions. For used motor vehicle storage places legally established prior to the initial effective date of this chapter, no landscape strip shall be required along a street frontage where no yard or setback area is required by Zoning Code regulations. For used motor vehicle storage places located in General Industry and Unrestricted

Industry zoning districts, neither the requirements for landscape strips nor ornamental fencing shall apply. No fencing, landscaping or other vehicular barriers shall be required along alleys, as defined in Section 303.09 of the Codified

Ordinances.

(e) Driveway Openings. The width of each driveway opening providing ingress or egress to a used motor vehicle storage place shall not exceed a 24 feet, as measured at the property line. Any curb not in compliance with Zoning Code regulations regarding number or spacing shall be eliminated unless such curb cut was established pursuant to a permit issued by the City.

(f) Compliance Schedule. Used motor vehicle storage places legally established prior to the initial effective date of this chapter shall be made to comply with the fencing and landscaping requirements of this section no later than July 31, 2001.

Used motor vehicle storage places established on or after the initial effective date of this chapter shall be made to comply with requirements of this section prior to issuance of a license.



686C.08 Maintenance of Premises

The surface of outdoor areas used for the storage of motor vehicles shall be paved with asphalt or concrete or, if permitted by Zoning Code regulations, shall be covered by crushed stone. Such surface shall be kept in good repair, level and reasonably free of dust if not hardsurfaced. Fencing and landscaping shall also be maintained in good condition.

Unhealthy or dead vegetation shall be replaced promptly.



686C.09 Revocation or Suspension of License

The Commissioner of Assessments and Licenses may at any time revoke or suspend the license granted under authority of this chapter for failure to comply with the terms of this chapter.



686C.10 Appeals and Exceptions

(a) Appeals. If the Commissioner of Assessments and Licenses refuses to issue or revokes or suspends a license, the applicant or licensee may appeal such order to the Board of Zoning Appeals. Such appeal shall be filed in writing with the

Board within ten (10) days after the making of such order. The Board shall hear the appeal within ten (10) days after the filing. At the hearing, all interested parties shall be afforded an opportunity to be heard. in considering the appeal, the

Board shall determine whether the Commissioner's order was made in accordance with the provisions of this chapter. The

Board shall approve, modify or annul such order, and the finding of the Board shall be final with respect to all parties.

(b) Exceptions. If the Commissioner of Assessments and Licenses refuses to issue or revokes or suspends a license, the applicant or licensee may request the Board of Zoning Appeals to issue an exception to the provision(s) of this chapter upon which the Commissioner's order was based, as applied to the subject premises.

(1) Filing and Notice. Such request shall be filed in writing with the Board within ten (10) days after the making of such order by the Commissioner of Assessments and Licenses. The Board shall hold a public hearing to consider the request after providing public notice and, also, written notice mailed to the owner or his agent at the given address on the request and, so far as is practical, written notice to directly affected property owners or their agents given at least seven (7) days prior to the date of such proposed hearing, in such manner as the Board may, by its rules, prescribe.

(2) Action by the Board. In considering the request for an exception, the Board shall approve such request only if it determines that a strict application of the regulations will result in practical difficulty which inheres in and is peculiar to the subject premises and that granting of that request will not be contrary to the intent of the provisions of this chapter. In addition, the Board shall approve such request if it determines that the applicant has proposed an alternate and equally effective means of achieving the intent of such provisions.



686C.99 Penalty

Whoever violates any of the provisions of Sections 686C.03, 686C.04, 686C.06, 686C.07, or 686C.08 shall be guilty of a minor misdemeanor and fined not more than one hundred dollars ($100.00). In addition to any other method of enforcement provided for in this chapter, these minor misdemeanors may be enforced by the issuance of a citation in compliance with Rule 4.1 of the Ohio Rules of Criminal Procedure. Whoever violates any of the provisions of these sections, having previously been convicted of a violation of any of these sections within five (5) years, shall be guilty of a misdemeanor of the fourth degree.

(Ord. No. 1488-2000. Passed 10-9-00, eff. 10-17-00)


Chapter 687A — SURETY BAIL BOND AGENTS


687A.01 Definition of Surety Bail Bond Agent

As used in this Chapter, "surety bail bond agent" has the same meaning as in Sections 3905.83 to 3905.95 of the Revised

Code.

(Ord. No. 2032-01. Passed 5-6-02, eff. 5-9-02)

687A.02 City Registration Required to Act in the Capacity of Surety Bail Bond Agent

(a) No person shall act in the capacity of a surety bail bond agent in the City of Cleveland, or perform any of the functions, duties or powers prescribed for surety bail bond agents under Sections 3905.83 to 3905.95 of the Revised Code in the City of Cleveland, unless that person first registers with the Chief of Police, in the manner described in this Section.

(b) To register with the City of Cleveland, a surety bail bond agent shall file the following with the Chief of Police:

(1) A certified copy of the surety bail bond agent's appointment by power of attorney from each insurer that the surety bail bond agent represents; and

(2) A copy of the surety bail bond agent's license issued by the Ohio superintendent of insurance, and a copy of the wallet identification issued to the agent under Division (G) of Revised Code Section 3905.85; and

(3) The address and telephone number of the surety bail bond agent and such other information as the Chief of Police may require to effectuate the purposes of this Chapter.

(c) The Chief of Police shall not accept the registration of a surety bail bond agent unless the surety bail bond agent is currently licensed and appointed in accordance with Sections 3905.83 to 3905.95 of the Revised Code.

(d) Each surety bail bond agent licensed and appointed in accordance with Sections 3905.83 to 3905.95 of the Revised

Code shall notify the Chief of Police within thirty days of any change of address or telephone number provided as part of the registration required by this section.

(e) Any person who violates this section is guilty of a misdemeanor of the fourth degree on the first offense, and a misdemeanor of the first degree on each subsequent offense.

(RC 2929.27(A)(3); RC 3905.87; RC 3905.89; Ord. No. 2032-01. Passed 5-6-02, eff. 5-9-02)

687A.03 Notification of Police Before Attempting Apprehension, Detention or Arrest

(a) No person acting as a bail surety bond agent shall apprehend, detain or arrest a principal on bond within the City of

Cleveland without first notifying the Division of Police that the same will be attempted. The Chief of Police shall prescribe the method by which notification is made. The notice required by this section shall be made at least thirty (30) minutes prior to the attempted apprehension, detention or arrest, unless rules or regulations of the Chief of Police shall otherwise direct.

(b) The Chief of Police may issue rules and regulations to effectuate the provisions of this Section, which shall be effective ten days after publication in the City Record.

(c) Any person who violates this section is guilty of a misdemeanor of the first degree.

(RC 2927.27(A)(3); Ord. No. 2032-01. Passed 5-6-02, eff. 5-9-02)

687A.04 State License Required to Act in the Capacity of Surety Bail Bond Agent

(a) No person shall act in the capacity of a surety bail bond agent, or perform any of the functions, duties or powers prescribed for surety bail bond agents under Sections 3905.83 to 3905.95 of the Revised Code, unless that person is qualified, licensed, and appointed as provided in those sections.

(b) This section shall not apply whenever the conduct prohibited by this section constitutes a felony under Section 2927.27 of the Revised Code.

(c) Any person who violates this Section is guilty of a misdemeanor of the first degree.

(RC 3905.84; RC 3905.99; Ord. No. 2032-01. Passed 5-6-02, eff. 5-9-02)

687A.05 Persons Who May Apprehend, Detain or Arrest a Principal on Bond Identified

(a) No person, other than a law enforcement officer, shall apprehend, detain, or arrest a principal on bond, wherever issued, unless that person meets all of the following criteria:

(1) The person is any of the following:

A. Qualified, licensed, and appointed as a surety bail bond agent under Sections 3905.83 to 3905.95 of the Revised Code;

B. Licensed as a surety bail bond agent by the state where the bond was written;

C. Licensed as a private investigator under Chapter 4749 of the Revised Code;

D. Licensed as a private investigator by the state where the bond was written;

E. An off-duty peace officer, as defined in Section 2921.51 of the Revised Code.

(2) The person, prior to apprehending, detaining or arresting the principal, has entered into a written contract with the surety or with a licensed surety bail bond agent appointed by the surety, which contract sets forth the name of the principal who is to be apprehended, detained or arrested.

For purposes of this division, "surety" has the same meaning as in Section 3905.83 of the Revised Code.

(3) The person, prior to apprehending, detaining or arresting the principal, has complied with the registration and notification requirements set forth in Sections 687A.02 and 687A.03 of this Chapter.

(b) This section shall not apply whenever the conduct prohibited by this section constitutes a felony under Section 2927.27 of the Revised Code.

(c) Any person who violates this section is guilty of illegal bail bond agent practices, a misdemeanor of the first degree.


687A.06 Identification Card to be Visible

(a) No person acting as a surety bail bond agent shall attempt an apprehension, detention or arrest of a principal on bail without wearing on his or her outermost clothing, in a conspicuous manner visible to any citizen or police officer, the wallet identification issued to the agent by the superintendent of insurance of Ohio under division (G) of Revised Code

Section 3905.85.

(b) Any person who violates this section is guilty of a misdemeanor of the second degree.

(Ord. No. 2032-01. Passed 5-6-02, eff. 5-9-02)

687A.07 Hiring Unqualified Surety Bail Bond Agent Prohibited

(a) No person shall employ as a surety bail bond agent any person who is not licensed and appointed in accordance with

Sections 3905.83 to 3905.95 of the Revised Code or who is not registered with the Chief of Police in accordance with

Section 687A.02 of this Chapter.

(b) Any person who violates this section is guilty of a misdemeanor of the first degree.

(Ord. No. 2032-01. Passed 5-6-02, eff. 5-9-02)

687A.08 Masks Prohibited

(a) No person acting as a surety bail bond agent shall attempt an apprehension, detention or arrest of a principal on bail while wearing any type of mask, or similar facial covering.

(b) Any person who violates this section is guilty of a misdemeanor of the first degree.

(Ord. No. 2032-01. Passed 5-6-02, eff. 5-9-02)


Title IX — Amusements

Chapter 687 — Amusement Parks




Unlawful discrimination, CO Ch 667

Karting park license required, CO 691.02


"Amusement park" for the purposes of this chapter, means an outdoor place of public resort other than a publicly owned park in which are provided one or more amusement devices or methods of entertainment for which a fee or charge is exacted. For the purposes of explanation, but not of limitation, amusement devices include merry-go-rounds, roller coasters, shoot-the-chutes and other similar devices, and amusement methods include dance halls, shooting galleries, roller skating rinks, open air theaters and the like.

(Ord. No. 2230-46. Passed 2-17-47)

687.02 License Required; Application

No person, firm or corporation shall engage in the business of operating an amusement park in the City as defined in

Section 687.01, without first obtaining a license to do so. Application for such license shall be made in writing to the

Commissioner of Assessments and Licenses upon such forms as he shall prescribe.

(Ord. No. 2230-46. Passed 2-17-47)

687.03 License Issuance; Fee

Each application for a license shall be referred to the Director of Public Safety for investigation and report on the character and experience of the applicant, the safety of the devices and the compliance with the zoning regulations. Based thereon the Director shall endorse his approval or disapproval. If such application is approved by the Director, the Commissioner of Assessments and Licenses shall issue a license therefor upon payment of a fee of seventy-five dollars ($75.00) per quarter, commencing on January 1, April 1, July 1 and October 1 in each year.

(Ord. No. 2230-46. Passed 2-17-47)

687.04 Bond and Public Liability Insurance Requirements

Every licensee hereunder shall deposit with the Commissioner of Assessments and Licenses a bond in the penal sum of five thousand dollars ($5,000) with a solvent and responsible surety company authorized under the laws of the State as surety thereon, acceptable to and approved by the Commissioner and the Director of Law, conditioned upon the faithful observance by the licensee, his agents, employees, concessionaires and lessees, of all of the provisions of law and ordinance relating to the operation of amusement places, and further conditioned that the licensee will indemnify any person who has secured a judgment based upon damage or loss, other than personal injury or death, by reason of the operation of such amusement park, the aggregate liability of such bond not to exceed the penal sum thereof. He shall also furnish a policy of liability insurance acceptable to and approved by the Commissioner and the Director of Law indemnifying the licensee for its legal liability for injury or death by reason of the carelessness or negligence of the licensee, his agents, employees, concessionaires or lessees, to one person up to the sum of ten thousand dollars ($10,000) and to more than one person in any one accident up to the aggregate sum of one hundred thousand dollars ($100,000).

Such bond and policy shall each contain a provision obligating the surety or insurance company thereon to give ten days written notice to the Commissioner before cancellation of such bond or policy. If at any time, in the judgment of the

Commissioner, such bond or policy of insurance is not sufficient for any cause, the Commissioner may require the licensee to replace such bond or policy with another approved by the Commissioner and the Director of Law. Any licensee who is a self-insurer and maintains an insurance fund adequate, in the judgment of the Director of Finance, to meet the requirements of the liability insurance herein set forth shall not be required to furnish a policy of liability insurance.

(Ord. No. 981-47. Passed 6-16-47)

687.05 Operating Regulations; Discrimination Prohibited

(a) No person shall operate any roller coaster, gravity railroad, shoot-the-chutes, merry-go-round, carousel, shooting gallery, switch backs, giant swing, revolving wheels, ferris wheels, scenic railways, whirligigs, flying horses, round-abouts or loop-the-loops in any outdoor amusement park or place, or upon any place where outdoor amusements are permitted, provided for or conducted or carried on, nearer than 150 feet from any point on the boundary line of the property constituting such amusement park or place where outdoor amusements are permitted, or nearer than 300 feet from any adjacent land in a residence or retail business district as designated in Chapter 335 of the Codified Ordinances. However, in the case of an amusement park in existence at the time of the adoption of this section, the distance requirements specified herein shall not apply to any of the amusement devices in their several existing locations on the date of the adoption of this section, and the distance requirements shall be subject to modification by the Board of Zoning Appeals, established pursuant to Charter Section 76-6, in the case of proposed additional devices, substitutions or changes in locations of or other changes pertaining to existing devices in such existing amusement parks. No person shall operate in any outdoor place in the City other than in an amusement park or place as hereinbefore described, any merry-go-round, roller coaster, gravity railroad, shoot-the-chutes, carousel, shooting gallery, switch back, giant swing, revolving wheel, ferris wheels, scenic railway, whirligig, flying horses, round-about or loop-the-loop, when any part of such device is nearer than 100 feet to a public street or highway, or to an inhabited dwelling. If there is an inhabited dwelling within 150 feet of any such device the music, whether made by organ, whistle or bells, shall be permitted only during the hours from 10:00 a.m. to 9:00 p.m. No person shall continue any such music beyond the hour of 9:00 p.m. or commence the same earlier than 10:00 a.m. At his discretion, the Director of Public Safety may grant a permit authorizing the continuance of such music during the hours herein prohibited nearer than 150 feet to an inhabited dwelling and also permitting the operation of any of the devices hereinbefore described nearer than 100 feet to a public street or highway or to an inhabited dwelling.

In either event such permit is to be for not more than two days in any calendar month. Strict compliance shall be had with the provisions of law and ordinance relating to the safe operation of all amusement devices and to the hazards of fire and panic.

(b) No person shall be refused admission to or be denied any of the amusement opportunities afforded by any amusement park, except for reasons common to all other persons. In no event shall any person be discriminated against in the enjoyment of such amusement opportunities and facilities because of race, religion, color, sex, sexual orientation, gender identity or expression, national origin, age, disability, ethnic group or Vietnam-era or disabled veteran status.

(Ord. No. 1260-08. Passed 11-30-09, eff. 12-3-09)

687.06 License Suspension; Revocation

(a) If the licensee fails to comply with any of the terms and conditions of this chapter or any of the laws or ordinances relating to the business licensed, other than the prohibition against discrimination contained in this chapter and in the civil rights statutes of Ohio, the Commissioner of Assessments and Licenses, upon the recommendation of the Director of

Public Safety, may suspend or revoke such license.

(b) If any licensee has been convicted of a violation of the civil rights statutes, or if judgment has been obtained against such licensee because of such violation, the Commissioner shall revoke the license issued hereunder and no license shall be issued to any such licensee until the expiration of one year from the date of revocation. Upon the complaint of alleged

discrimination on the part of any licensee the Director, if satisfied after investigation that such complaint is valid, may recommend the suspension of the license and thereupon the Commissioner shall suspend such license for a period not less than thirty days nor more than six months.

(c) The order of the Commissioner revoking or suspending a license shall become effective forthwith except that in the case of violation of the civil rights statutes or the anti-discrimination provisions of this chapter, such order shall become effective at the expiration of ten days from the issuance thereof.

(Ord. No. 2230-46. Passed 2-17-47)

687.07 Appeal

In case of the refusal to issue a license or the revocation or suspension of a license by the Commissioner of Assessments and Licenses, the applicant or licensee may appeal from such order to the Board of Zoning Appeals established pursuant to Charter Section 76-6. Notice of such appeal shall be in writing and shall be filed with the Commissioner within ten days after making of such order. The Board, within three days after filing with the Commissioner such notice of appeal, shall proceed with the hearing of such appeal, at which hearing all parties interested shall be afforded an opportunity to be heard. Such Board shall approve, modify or annul such order from which the appeal has been perfected, and the finding of such Board shall be final on all parties.

(Ord. No. 2230-46. Passed 2-17-47)

687.99 Penalty

Whoever violates Section 687.05 shall be guilty of a misdemeanor and fined not more than fifty dollars ($50.00) for the first offense and for a second or subsequent offense not more than five hundred dollars ($500.00), or imprisoned for not more than thirty days, or both. Each day's violation constitutes a separate offense.

(Ord. No. 2230-46. Passed 2-17-47)


Chapter 688 — Billiard Rooms






Gambling prohibitions, CO Ch 611

Permit for musical entertainment, CO 692.01

et seq.


"Billiards" as used in this chapter, means any of the several games played on a table surrounded by an elastic ledge or cushions, with balls which are impelled by a cue, and includes all forms of the game known as pool. "Billiard room" means any public place wherein the game of billiards is permitted to be played.


No person, society, club, firm or corporation shall open, conduct, maintain or operate a billiard room within the City unless such person, society, club, firm or corporation has first been duly licensed by the City for such purpose. However, the provisions of this chapter shall not apply to private residences or schools.


Every person, society, club, firm or corporation desiring to open or maintain a billiard room must make application to the

Commissioner of Assessments and Licenses for a license, which application shall be in the form prescribed in this chapter.

Such application shall be filed at least ten days prior to the time of granting such license.

688.04 Citizenship Required

No license shall be granted to a person who is not a citizen of the United States.

688.05 Application Information Required

Every applicant for a license shall file with the Commissioner of Assessments and Licenses a written application stating the full name and address, including street and number of the applicant, or if more than one person, or if an association or firm, the full names of all parties interested, and the addresses, including street and number. If the applicant is a club, society or corporation the application shall contain a complete list of the officers of such club, society or corporation, with their names and addresses, including street and number, and shall also give the state in which such club, society or corporation is organized, and the names of one or more persons whom the club, or society or corporation desires to designate as its manager or person in charge, with their addresses. The application shall also state the following:

(a) The premises where such billiard room is to be conducted, including the street and number.

(b) The age of the applicants in the case of individuals, and the age of the manager and officers in the case of a club, society or corporation.

(c) Whether the applicant or manager is a citizen of the United States.

(d) Whether the applicant has ever been engaged in operating a billiard room, and when, where and how long in each place within the past five years.

(e) The name of the owner of the premises in which such billiard room is located and the complete address of such owner.

The application shall be signed by the applicant or applicants, or, in the case of a club, society or corporation, the application shall be signed by the manager or any of its officers.

688.06 License Investigation; Rejection; Appeal

The Commissioner of Assessments and Licenses shall cause an investigation to be made as to the character of the applicant or the officers of the club, society or corporation and of the person who is to have general management of the business. The application shall be rejected if the Commissioner finds any of the persons named in the application not of good moral character or that any of such persons have previously been connected with any billiard room where the license has been revoked, or where any of the provisions with reference to billiard rooms have been violated, or if the billiard room sought to be licensed does not comply in every way with the regulations, ordinances and laws applicable thereto. If rejection of his application is made, the applicant shall be notified in writing of the reasons for rejection and shall have the right to appeal to the Board of Zoning Appeals, established pursuant to Charter Section 76-6. The Board shall have the power, after full hearing, to confirm the rejection or order the license issued. The applicant shall within ten days after receiving notice of rejection file notice in writing of his intention to appeal with the Board. Such appeal shall be set for hearing within ten days after such notice is filed with the Board.

688.07 Inspector

The Director of Finance shall appoint an Inspector of Billiard Rooms who shall obtain information pertaining to all applicants for licenses concerning their character, the physical condition of the place in which such billiard room is to be located and all other information required by the Director in determining the fitness of such applicant generally. The

Inspector shall have the assistance and cooperation of the Commissioner of Building, the Commissioner of Health, the

Chief of Police and any other department of the City, in procuring such information. Such Inspector shall furnish such information in writing to the Director and such Inspector shall be under the direction of the Director. Such Inspector shall have access at all times to all billiard rooms where applications for a license are pending, or to any part of the building wherein they are located. He shall investigate all complaints and shall at intervals inspect all billiard rooms within the City and make a report of such inspection to the Director and also report all violations of this chapter or the rules governing the same to the Director in writing.

688.08 License Fees; Disposition

(a) Every person, society, club, firm or corporation to whom a license is granted shall pay a biennial fee of fifty dollars

($50.00) for the first table and twenty dollars ($20.00) for each additional table. However, where the applicant is a society or club not organized for profit, no license fee shall be charged for the use of any table.

(b) All moneys received by way of license fees shall be paid into the General Fund of the City.

(Ord. No. 2393-02. Passed 2-3-03, eff. 2-3-03)

688.09 License Expiration

All licenses granted under the provisions of this chapter shall expire on the 30th day of June in odd numbered years, unless sooner suspended or revoked by the Commissioner of Assessments and Licenses, provided, however, that any license issued pursuant to this chapter between the effective date of this section and June 30, 1993 shall expire on June

30, 1995, unless sooner revoked by the Commissioner.

(Ord. No. 228-93. Passed 2-8-93, eff. 2-16-93)

688.10 License Transfer

No transfer of a license either as to person or place, shall be permitted except with the consent of the Commissioner of

Assessments and Licenses, which shall be endorsed upon the license. The applicant applying for the transfer of any license shall comply with all the provisions of this chapter.


(a) No person, society, club, firm or corporation shall operate a billiard room between the hours of 1:00 a.m. and 5:00 a.m. on weekdays, or before the hours of 1:00 p.m., and after the hours of 11:30 p.m. on Sunday; or harbor or permit any person to be or remain in any billiard room during such hours provided, however, that a billiard room located more than

1,000 feet from a residential district as set forth in Chapter 337 of the Codified Ordinances may operate until 2:30 a.m. on weekdays and Sunday. This section shall not be construed to prevent regular employees from performing necessary work within the premises.

(b) There shall be no restriction on the hours of operation of a billiard hall located more than 1,000 feet from a residential district as set forth in Chapter 337 of the Codified Ordinances.

(Ord. No. 2267-90. Passed 9-14-92, eff. 9-17-92)

688.12 Minors Prohibited

No person shall play billiards or be permitted to remain in a billiard room for any purpose who has not reached the age of eighteen years and no person shall represent himself to have reached the age of eighteen years in order to obtain

admission to such billiard room or to be permitted to remain therein when such person, in fact, is under eighteen years of age.

Note: Ordinance No. 877-95, passed July 19, 1995, amended Section 688.12 and Section 688.13 and enacted Section

688.18. However, Ordinance No. 877-95, passed July 19, 1995, was vetoed by the Mayor. This veto was not overridden by

City Council and, therefore, Ordinance No. 877-95 was never effective. Thus, Section 688.12 is as enacted by Ordinance

No. 63410-A, passed September 22, 1924, and Section 688.13 is as enacted by Ordinance No. 534-66, passed October 10,

1966. Section 688.18 was never enacted.

688.13 Owner's Duty to Exclude Minors; Exceptions

No owner, operator, agent or keeper of a billiard room shall permit any person who has not reached the age of eighteen years to remain in a billiard room for any purpose. However, a minor under eighteen years of age, when accompanied by either parent or his legal guardian, may be permitted to play both billiards and pool, or be in and remain in such parlor or public place. An adult person, who is in charge of a group of minor children under the age of eighteen years, may bring such group into a billiard room or pool parlor for the purpose of permitting them to play both billiards and pool, and such group may be permitted to play billiards and pool or be in and remain in such a parlor or public place so long as they remain under the supervision and control of such adult person.

(Ord. No. 534-66. Passed 10-10-66, eff. 10-13-66)

Note: Ordinance No. 877-95, passed July 19, 1995, amended Section 688.12 and Section 688.13 and enacted Section

688.18. However, Ordinance No. 877-95, passed July 19, 1995, was vetoed by the Mayor. This veto was not overridden by City Council and, therefore, Ordinance No. 877-95 was never effective. Thus, Section 688.12 is as enacted by

Ordinance No. 63410-A, passed September 22, 1924, and Section 688.13 is as enacted by Ordinance No. 534-66, passed

October 10, 1966. Section 688.18 was never enacted.

688.14 Games of Chance Prohibited

No dice shall be thrown, nor shall a peaball be used, nor shall cards or other games of chance or any form of gambling be permitted in any billiard room or in the room in which such tables are located, or at any cigar stand or other business in the same room, whether or not such room is divided by a partition, nor shall any checks be given which can be redeemed for merchandise or cash.

688.15 Sanitary Condition; Inspection

All billiard rooms shall be kept at all times in a clean, healthful and sanitary condition approved by the Inspector of

Billiard Rooms, and the Director of Finance shall have the power to determine if such rooms are so kept. For such purpose he shall, when desired, have the assistance of the Commissioner of Building and the Commissioner of Health.

688.16 License to be Posted

Every licensee shall keep his license conspicuously posted in his billiard room.

688.17 License Suspension; Revocation; Appeal

The license of any billiard room may be suspended or revoked by the Commissioner of Assessments and Licenses for disorderly or immoral conduct on the premises or for the violation of any of the rules, regulations, ordinances and laws governing or applying to billiard rooms. Ten days before a license is revoked the Commissioner shall notify the licensee in writing of the reasons for such proposed revocation, and the licensee shall have the right to appeal to the Board of Zoning

Appeals, established pursuant to Charter Section 76-6. The Board after full hearing shall have the power to suspend or revoke the license or continue the same in force, and the action of this Board shall be final. In order to perfect his appeal, the licensee shall file notice in writing of his intention to appeal with the Board before the expiration of ten days. Any license thus forfeited or revoked shall not be granted to the same person, society, club, firm or corporation, or for the same

premises until at least six months have elapsed from the time of the forfeiture or revocation of such license.

(Ord. No. 26-42. Passed 5-11-42)

688.18 Reserved

Note: Ordinance No. 877-95, passed July 19, 1995, amended Section 688.12 and Section 688.13 and enacted Section

688.18. However, Ordinance No. 877-95, passed July 19, 1995, was vetoed by the Mayor. This veto was not overridden by

City Council and, therefore, Ordinance No. 877-95 was never effective. Thus, Section 688.12 is as enacted by Ordinance

No. 63410-A, passed September 22, 1924, and Section 688.13 is as enacted by Ordinance No. 534-66, passed October 10,

1966. Section 688.18 was never enacted.

688.99 Penalty

(a) Any person, society, club, firm or corporation who violates any of the provisions of this chapter for which no other penalty is provided, shall in addition to the penalty provided in Section 688.17, be fined not less than fifty dollars ($50.00) or imprisoned not less than thirty days, or both.

(b) Whoever violates Section 688.12 shall be fined not less than five dollars ($5.00) nor more than ten dollars ($10.00) and costs.

(c) Whoever violates Section 688.13 shall be fined not more than ten dollars ($10.00) and costs for the first offense and not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00) and costs for each subsequent offense.

(Ord. No. 534-66. Passed 10-10-66, eff. 10-13-66)


Chapter 689 — Bowling Alleys






Designation of nonsmoking areas in places of public assembly, RC 3791.031

Bowling establishments, state fire marshal regulations, OAC Ch 1301:7-7

Bowling alley and pin refinishing, CO 385.81


No person, firm or corporation shall operate any bowling alley in the City unless a permit therefor has first been obtained from the Director of Public Safety.

689.02 Permit Issuance; Conditions and Hours

The Director of Public Safety may, upon application of the owner or proprietor, and upon the payment by the owner or proprietor to the City Treasurer of a biennial fee of seventy-five dollars ($75.00) for the first alley and twenty dollars

($20.00) for each additional alley in the same building, issue a permit for the operation of any bowling alleys, provided that the same shall be operated only between the hours of 8:00 a.m. and 2:00 a.m. of the next day.

(Ord. No. 2393-02. Passed 2-3-03, eff. 2-3-03)

689.03 Permit Application; Refusal; Revocation

The application shall be made upon blanks furnished by the Director of Public Safety and the same may be refused or revoked at any time by the Director.

689.99 Penalty

Whoever violates any provision of this chapter shall be fined not less than fifty dollars ($50.00) nor more than two hundred dollars ($200.00) or imprisoned for not more than sixty days, or both.

(Ord. No. 478-49. Passed 6-27-49)


Chapter 690 — Dance Halls and Dances



Power to regulate dancing academies or public ballrooms, RC 715.61

Intoxicating liquor in dance hall, RC 4399.14


Public intoxication, CO 605.13



The terms used in this chapter shall have the following meanings unless another meaning is clearly apparent in the language or context:

(a) "Public dance" or "public ball" means any dance or ball to which admission can be had by payment of a fee or by the purchase, possession or presentation of a ticket or token obtained for money or other valuable consideration, or in which a charge is made for caring for clothing or other property, or any other dance to which the public generally may gain admission, with or without the payment of a fee, including restaurant dancing or any other dance or party where dancing is held before or after a program of some other nature and dancing to which any of the public generally may gain admission with or without the payment of a fee.

(b) "Public dance hall" means any academy, room, place, restaurant or night club in which a public dance or public ball is held or any room, place, hall or academy in which classes in dancing are held or instruction in dancing is held or given for a fee.

(c) "Known" as used in this chapter providing for restrictions, means known to the manager, owner or lessee of a public dance hall, or to the persons conducting a public dance or to the Division of Police.

(d) "Private dancing" means and includes any dance given at any home or by any permanently organized clubs, societies or corporations, where the dancing is restricted to members of the society, club or corporation admitted by invitation only.

(e) "Home" means and includes only such buildings as are used exclusively for private dwelling purposes.

(f) "Dancing" does not mean or include exhibitions or performances in which the persons paying for admission do not participate.

(Ord. No. 101423. Passed 4-16-34)


No public dance or public ball or classes in dancing shall be held, or instructions in dancing for hire given in any public dance hall, academy, room, place or restaurant within the limits of the City until such public dance hall, academy, room, place or restaurant has first been duly licensed for such purpose in the manner provided in this chapter. No person, firm or corporation shall permit any room or building owned or controlled by him to be used for the purpose of a public dance hall unless the same has been licensed.

(Ord. No. 94275. Passed 5-11-31)

690.03 License Application; Issuance; Rejection; Appeal

Every person, society, club, firm or corporation desiring a license to operate a public dance hall shall make application to the Commissioner of Assessments and Licenses. Each application shall be in the form prescribed by the Commissioner of

Assessments and Licenses, and shall contain the name, residence, occupation and age of the applicants if individuals, and if a firm or partnership, the name or names, residences and occupations of the manager and each member of the firm or partnership, and if a corporation, the names of its officers and manager. The application shall also contain the location of such public dance hall, academy, room, place or restaurant, the street and number of all entrances, and shall be accompanied by a plat showing the arrangement of the rooms and amount of floor space to be used for dancing. Such application shall be filed at least ten days prior to the time of granting such license. The Commissioner of Assessments and

Licenses shall transmit such application for inspection and investigation to the Commissioner of Building, the Division of

Environmental Health and Sanitation, the Division of Fire, the Inspector of Dance Halls, and the Director of Public Safety.

The Building Commissioner, Division of Environmental Health and Sanitation, Division of Fire, Inspector of Dance Halls and Director of Public Safety shall, after such inspection and investigation as they may deem necessary, make a report with recommendation for the approval or disapproval of such application. If such application is approved, the

Commissioner of Assessments and Licenses shall issue a license on the payment of the proper fee provided herein; but no such application shall be approved in which the dance hall does not comply with all of the provisions of existing ordinances governing sanitary conditions, fire protection and health regulations. The application shall be rejected if the reports submitted thereon show that any of the persons named in the application are not of good moral character; or that any of such persons have previously been connected with a public dance hall where the license has been revoked; or where any provision with reference to public dance halls has been violated; or that the dance hall sought to be licensed does not comply with the health and fire regulations applicable thereto; or that it is not properly ventilated and supplied with separate and convenient toilet facilities for each sex; or that it is not a safe and proper place for the purpose for which it is contemplated to be used. If the application is rejected, the license applicant shall be forthwith notified in writing of the reasons for rejection and shall have the right to appeal to the Board of Zoning Appeals established pursuant to Charter

Section 76-6. The Board shall have power, after full hearing, to affirm, modify or reverse the finding of the Commissioner

of Assessments and Licenses and the judgment of such Board shall be final. In case of appeal to such Board, the applicant shall, within ten days after notice of such rejection, perfect his appeal by leaving notice in writing of his intention to appeal at the office of the Director of Law. Such Board shall thereafter set a time and place for such hearing, which shall not be more than ten days from the date of filing such notice of appeal and the appellant may be represented by counsel. No applicant to whom a license has been refused shall make further application until a period of at least six months has elapsed since the last previous rejection, unless he can show that the reason for such rejection no longer exists. No license shall be granted to a person under twenty-one years of age, or to any person who is not a citizen of the United States and the State, or renewed without a re-inspection of the premises.

(Ord. No. 94275. Passed 5-11-31)

690.04 Operation; Maintenance

All public dance halls shall be kept at all times in a clean, healthful and sanitary condition and all stairways and other passages shall be kept clear and well lighted. After a public dance hall license has been granted, the Commissioner of

Health shall see that sufficient toilet conveniences, sanitary drinking facilities and adequate ventilating facilities are maintained in such dance halls. The Division of Fire shall see that all fire hazards are immediately removed from such public dance halls. The Inspector of Dance Halls may require the owner or manager of any public dance hall to employ a matron who shall be in attendance at all dances to supervise the conduct and deportment of patrons. No person shall be employed as matron unless first approved by the Inspector.

(Ord. No. 94275. Passed 5-11-31)

690.05 License Fee; Display; Transfer

Any person, society, club, firm, or corporation to which a license is granted, shall upon the granting of the license, pay a biennial fee as follows:

Floor Space (sq. ft.) Biennial Fee

Less than 2,500 $100.00

2,500 to 6,500 $130.00

Over 6,500 $170.00

However, upon the voluntary surrender of a dance hall license within 120 days after the issuance of the license, one-half of the fee shall be returned to the owner of the license, payable out of the fund into which the license fee has been paid. All money received by way of license fees and permits shall be paid into the General Fund of the City. All licenses granted under the provisions of this chapter shall expire on the 30th day of June in odd numbered years, unless sooner suspended or revoked, provided, however, that any license issued under Section 690.03 between the effective date of this section and

June 30, 1993 shall expire on June 30, 1995 unless sooner suspended or revoked by the Commissioner of Assessments and

Licenses. A license issued under the provisions of this chapter shall be displayed at all times in a conspicuous place in the public dance hall for which it is issued. No transfer of any license shall be permitted.

(Ord. No. 2393-02. Passed 2-3-03, eff. 2-3-03)


The Commissioner of Assessments and Licenses may, at any time, suspend, and after giving written notice to the licensee and affording him an opportunity to be heard, may revoke, any license granted under the provisions of this chapter for disorderly or immoral conduct on the premises, or upon proof that the public dance hall or a public dance given under the auspices of such licensee, was frequented by disorderly or immoral persons; or for the violation of any of the rules, regulations or ordinances governing and applying to public dance halls and dances, or any ordinance regulating, controlling or in any way relating to health, sanitation, fire protection or the public peace, or for the violation of any of the provisions of this chapter. Whenever any license has been so revoked, no refund of any portion of the fee paid shall be made, and at least six months shall elapse from the time of such revocation before another license shall be given to

conduct a public dance hall or public dance in the same premises. A public record of all such revocations shall be made, containing the date and reasons for such revocation and the name of the owners and managers.

(Ord. No. 94275. Passed 5-11-31)

690.07 Hours of Operation; Exceptions

All public dances and all public dance halls shall be closed on or before 12:00 midnight. However, upon the application of a bona fide responsible person, club, organization, corporation or society and after investigation, the Director of Public

Safety may grant such person, club, organization, corporation or society a permit to continue the dance until such time as in the opinion of the Director is reasonable.

(Ord. No. 101423. Passed 4-16-34)

690.08 Minors Prohibited

No person conducting a public dance or public dance hall or any manager or other agent of such person shall permit any person to attend or take part in any public dance who has not reached the age of eighteen years, unless such person is accompanied by a parent or legal guardian. No person shall represent himself or herself to have reached the age of eighteen years in order to obtain admission to a public dance hall or public dance, or be permitted to remain therein when such person in fact is under eighteen years of age.

(Ord. No. 94275. Passed 5-11-31)

690.09 Restrictions

No person, firm, club, society or corporation conducting a public dance or public dance hall or any agent or employee of such person, firm, club, society or corporation shall:

(a) Permit any known prostitute, male or female procurer or vagrant to be present at any public dance or public dance hall;

(b) Permit on the public dance hall premises any person having in his possession or being under the influence of, selling or offering for sale, giving away, or drinking any intoxicating liquors or drugs;

(c) Permit idlers, loiterers or other hangers-on to be on or about the dance hall premises;

(d) Permit smoking except in rooms reserved for smoking or in a restaurant or dining room when seated at a table;

(e) Permit gambling in any form on the premises;

(f) Permit men to enter the ladies' room or parlor;

(g) Permit persons to indulge in dancing that is vulgar, suggestive or immoral;

(h) Permit moonlight dances unless there is sufficient light in the dance hall so that the patrons can be easily seen;

(i) Permit or employ any instructor under the age of twenty-one years to give instructions in dancing to persons of the opposite sex;

(j) Discriminate between sexes by offering free admission to either sex as inducement to stimulate attendance;

(k) Permit endurance dancing contests commonly known as marathon dances;

(l) Permit dancing in restaurants with persons seated at different tables;

(m) Permit any cabaret or other similar entertainment in a restaurant wherein any entertainers shall perform their acts by mingling with the audience or traveling about among them.

(Ord. No. 101423. Passed 4-16-34)

690.10 Temporary Permit; Fees

No person, firm, society, club, or corporation shall hold a public dance or public ball in any licensed dance hall within the limits of the City without having first obtained a permit from the Director of Public Safety. Application for the permit must be made at least two days before the dance authorized is to be held. The fees for the permits shall be as follows:

Floor Space (sq. ft.) Fee

Less than 2,500 $20.00

2,500 to 6,500 $30.00

Over 6,500 $40.00

No permit shall be required from the owner of a duly licensed hall, when the owner personally conducts the dance.

(Ord. No. 2393-02. Passed 2-3-03, eff. 2-3-03)

690.11 Duties of Inspector of Dance Halls

The Inspector of Dance Halls shall have authority to see that the provisions of all ordinances in any way regulating or controlling public dances or dance halls in the City are observed and enforced. The duties of the Inspector shall be to examine all applicants for dance hall licenses and permits. He shall investigate each application to determine whether or not the dance hall sought to be licensed complies with the regulations, ordinances and laws applicable thereto. In the making of such investigation, he shall, when he so requests, have the assistance of the Commissioner of Building, the

Commissioner of Health, and the Chief of the Division of Fire. Such Inspector of Dance Halls shall furnish to the

Commissioner of Assessments and Licenses, in writing, the information derived from such investigation, accompanied by his recommendation as to whether a license should be granted or refused. The Inspector of Dance Halls, or any officer detailed by him, shall be permitted to have access to all public dance halls at all times. He shall investigate complaints and shall inspect at intervals the dance halls within the City and shall report all violations in writing. The Inspector of Dance

Halls, with the approval of the Director of Public Safety, shall from time to time formulate rules and regulations not inconsistent with this chapter or any other ordinance governing the conduct of patrons of public dances, stating what dances are permitted and what dances are forbidden, together with correct position to be assumed by dancers, a copy of which rules and regulations shall be printed in large type and posted at a conspicuous place in any dance hall used for public dances.

Members of the Division of Police under the supervision of the Chief of Police and the Inspector of Dance Halls shall have access at all times to the public dance halls and public dances. Officers and patrolmen of such Division may be detailed to investigate all complaints and supervise such public dances, and when so detailed shall visit such halls and dances and report any and all violations. Such report or reports shall be turned over to their superior officers who shall forthwith submit them to the Inspector of Dance Halls.

The Inspector of Dance Halls, or the Chief of Police, shall have power and shall close or cause to be vacated any academy, room, dance hall, place or restaurant where any public dance is held or being given, whenever any rule or regulation, or any provision of any ordinance regulating public dances or public dance halls is being violated pending action by the


(Ord. No. 94275. Passed 5-11-31)

690.12 Prohibited Locations; Exceptions

No owner, tenant, keeper, proprietor or other person in the interest of such owner, tenant, keeper or proprietor, or any lessee of any such person or corporation shall hold or permit to be held or operated a dance, entertainment, musical concert or public meeting hall where people congregate within 150 feet of any school building, hospital or church.

However, the Director of Public Safety, when satisfied that the holding of a dance, entertainment, musical concert or public meeting will not constitute a public nuisance by the creation of unnecessary and unseemly noise, may issue a permit for any such use upon application therefor. Notice of the application for any permit hereunder shall be given to the hospital, school or church authorities within sufficient time to permit the filing of objections to the issuance of such permit. Upon the receipt of such objections, the Director shall proceed to hold a hearing upon the question of the issuance of a permit for the holding of such dance, entertainment, musical concert or public meeting, and if satisfied that the same will not constitute a public nuisance by the creation of unnecessary and unseemly noise, may issue such permit. The

Director is hereby authorized to impose such conditions upon the issuance of such permit as he deems necessary for the prevention of unnecessary and unseemly noise. Such permit shall be in addition to but not in substitution for any other permit or license required for the holding of such dance, entertainment, musical concert or public meeting and no such other permit or license shall be issued except subsequent to the issuance of the permit herein provided for.

(Ord. No. 1328-40. Passed 9-24-41)

690.13 Appeal

In case of a refusal by the Director of Public Safety to issue the permit as provided for in Section 690.12 or the issuance of such permit over the objection of the hospital, church or school authorities, the applicant or objecting authority as the case may be, may appeal from such action to the Board of Zoning Appeals, established pursuant to Charter Section 76-6. Notice of such appeal shall be in writing and shall be filed with the Board within ten days after the making of the order granting or refusing such permit. Such Board shall fix the time for the hearing of such appeal, at which hearing all parties interested shall be afforded an opportunity to be heard and the Board shall approve, modify or annul such order from which the appeal has been perfected and the finding of such Board shall be conclusive on all parties thereto.

(Ord. No. 1328-40. Passed 9-24-41)

690.99 Penalty

(a) Any person, firm, society, club or corporation who violates any of the provisions of this chapter for which no other penalty is provided, shall be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars

($100.00), or imprisoned for not more than sixty days, or both, and shall stand committed until such fine is paid or sentence served, or until otherwise discharged by due process of law. (Ord. No. 94275. Passed 5-11-31)

(b) Whoever violates Section 690.12 shall, for the first offense, be fined one dollar ($1.00), or imprisoned for one day; for the second offense within one year from the commission of the first offense be fined two dollars ($2.00), or imprisoned for two days; for a third offense within one year from the commission of the first offense, be fined four dollars ($4.00), or imprisoned for four days; for the fourth offense and all subsequent offenses within one year from the commission of the first offense, be fined ten dollars ($10.00), or imprisoned for ten days, or both.

(Ord. No. 1328-40. Passed 9-24-41)


Chapter 691 — Karting Parks and Saucer Tracks





Public intoxication, CO 605.13

Unlawful discrimination, CO Ch 667


The following terms shall be defined, for the purposes of this chapter, as follows:

(a) "Karting park" means and includes the entire area wherein the operation and maintenance of any miniature vehicle, go-kart or quarter-midget rides are conducted, and where a fee or charge is exacted either for the operation of the rides or for the witnessing of the operation of the rides.

(b) "Ride" means and includes any miniature, go-kart or quarter-midget vehicle powered by an internal combustion engine, having the general design and appearance of an automobile, or chassis having one or more seats for a driver or passenger, and which may be operated and guided about by a steering device and controlled exclusively by a person riding in the vehicle.

(c) "Karting track" means and includes any area designed and set aside for the primary purpose of operating one or more rides.

(Ord. No. 338-62. Passed 4-9-62, eff. 4-12-62)


No person, firm or corporation, whether operating in conjunction with an amusement park license or whether operating alone shall engage in the business of operating a karting park in the City, as defined in Section 691.01, without first obtaining a license to do so.

(Ord. No. 338-62. Passed 4-9-62, eff. 4-12-62)


Application for such license shall be made in writing to the Commissioner of Assessments and Licenses upon such forms as he shall prescribe.

(Ord. No. 338-62. Passed 4-9-62, eff. 4-12-62)

691.04 Compliance with Safety Standards

Each application for a license shall be referred to the Director of Public Safety for investigation and report on the character and experience of the applicant, and on the safety of the karting park and its rides; and to the Commissioner of Building for investigation and report of the compliance of the karting park with the requirements of the Building Code of the City.

(Ord. No. 338-62. Passed 4-9-62, eff. 4-12-62)

691.05 Inspection of Premises

Each karting park and its rides shall be subject to inspection for conformance with law and ordinance at any time during the hours of operation by representatives of the Department of Public Safety or the Division of Building.

(Ord. No. 338-62. Passed 4-9-62, eff. 4-12-62)

691.06 Approval of Application

Based on the report on the character and experience of the applicant, the safety of the karting park and its rides, the compliance of the karting park with the building and zoning regulations, and all regulations applicable thereto, the

Director of Public Safety shall endorse his approval or disapproval on the application.

(Ord. No. 338-62. Passed 4-9-62, eff. 4-12-62)

691.07 License Issuance; Fees

If such application is approved by the Director of Public Safety, the Commissioner of Assessments and Licenses shall issue a license thereunder upon payment of a fee of one hundred twenty-five dollars ($125.00) per quarter, commencing on

January 1, April 1, July 1 and October 1 of each year.

(Ord. No. 338-62. Passed 4-9-62, eff. 4-12-62)

691.08 Bond

Every licensee shall deposit with the Commissioner of Assessments and Licenses a bond in the penal sum of five thousand dollars ($5,000) with a solvent and responsible surety company authorized under the laws of the State as surety thereon, acceptable to and approved by the Commissioner and Director of Law, conditioned upon the faithful observance by the licensee, his agents, employees, concessionaires and lessees of all of the provisions of law and ordinance relating to the operating of karting parks, and further conditioned that the licensee will indemnify any person who has secured a judgment based upon damage or loss, other than personal injury or death, by reason of the operation of such karting park, the aggregate liability of such bond not to exceed the penal sum thereof.

(Ord. No. 338-62. Passed 4-9-62, eff. 4-12-62)

691.09 Insurance

Every licensee shall deposit with the Commissioner of Assessments and Licenses a policy of liability insurance acceptable to and approved by the Commissioner and the Director of Law indemnifying the licensee for its legal liability for injury or death by reason of the carelessness or negligence of the licensee, his agents, employees, concessionaires or lessees, to one person up to the sum of ten thousand dollars ($10,000) and to more than one person in any one accident up to the aggregate sum of one hundred thousand dollars ($100,000).

(Ord. No. 338-62. Passed 4-9-62, eff. 4-12-62)

691.10 Notice of Cancellation

Such bond and policy of liability insurance shall each contain a provision obligating the surety or insurance company to give ten days' written notice to the Commissioner of Assessments and Licenses before cancellation of such bond or policy.

(Ord. No. 338-62. Passed 4-9-62, eff. 4-12-62)

691.11 Replacement of Bond or Policy

If at any time, in the judgment of the Commissioner of Assessments and Licenses, such bond or policy of insurance is not sufficient for any cause, the Commissioner may require the licensee to replace such bond or policy with another approved by the Commissioner and the Director of Law.

(Ord. No. 338-62. Passed 4-9-62, eff. 4-12-62)

691.12 Self-Insured Licensee

Any licensee who is a self-insurer and maintains an insurance fund adequate in the judgment of the Director of Finance to meet the requirements of the liability insurance set forth herein shall not be required to furnish a policy of liability insurance.

(Ord. No. 338-62. Passed 4-9-62, eff. 4-12-62)

691.13 Location; Fencing; Alcoholic Beverages Prohibited

(a) No person shall operate any ride nearer than 150 feet from any point on the boundary line of the property constituting such karting park, or nearer than 300 feet from any adjacent land in a residence or retail business district as designated in

Chapter 335 of the Codified Ordinances. However, in the case of a karting park in existence at the time of the adoption of this section the distance requirements specified herein shall not apply to any rides in their several existing locations on the date of the adoption of this section, and such distance requirements shall be subject to modification by the Board of

Zoning Appeals in the case of proposed additional rides, substitutions or changes in location of or other changes pertaining to existing rides in such existing karting park.

(b) No person shall operate any karting park unless the outer circumference of the karting track is encircled with a fence at least four feet high and at least five feet outside such circumference, to be constructed of sufficient strength to withstand impact of rides and pressure from spectators.

(c) No person shall possess any alcoholic beverages within any karting park.

(Ord. No. 338-62. Passed 4-9-62, eff. 4-12-62)

691.14 Operating Rules, Safety Regulations

No person shall operate a karting park unless:

(a) Arrangements have been secured for immediate ambulance service when necessary operated by registered medical personnel.

(b) Immediately adjacent to the outside and inside perimeter of the karting track there is encircled a barrier or hubrail of strength sufficient to prevent rides from leaving the track.

(c) All areas of the park are protected with fire protection equipment in conformance with law and ordinance and approved by the Division of Fire.

(d) The inside circumference of the track is not less than one-tenth of a mile and its surface is level, non-skid and dustproof.

(e) Illumination is provided sufficient to render the entire track area and objects thereon visible and free from shadows.

(f) Off-street parking is provided at least equal to the area within the outside circumference of the track.

(g) Hours of operation are confined to between 10:00 a.m. and 12:00 a.m.

(h) During the hours of operation, there is at least one adult representative of the management physically present at all times and responsible for its supervision and operation.

(i) All known accidents involving substantial injury are reported to the Director of Public Safety.

(j) Minors 12 years of age or less are denied admittance to the karting park after dark unless accompanied by a parent or guardian.

(k) All rides are mechanically regulated so that they may not be operated at a speed exceeding twenty-five (25) miles per hour.

(l) All rides are equipped with a braking system applied to at least two wheels.

(m) Each ride is equipped with a muffling device and front and rear bumper and roll-over bar.

(n) Refueling is conducted with the engine of the ride off, the capacity of any fuel tank of any ride is not more than one gallon and the capacity of any fuel supply tank on the premises is not more than five gallons unless stored underground or in a method approved by the Division of Fire.

(o) Such park has prominent and visible signs posted regarding safety and rules of operation of the track.

(p) Such park has a Park Personnel give verbal directions regarding safety and rules of operation of the track by megaphone or other amplification system at the start of each ride.

(q) At any overseer's observation station, such park shall provide a megaphone, flashlight and a fire extinguisher, each of which shall be maintained in good working order.

(r) Such park shall provide and maintain a movable barrier in front of such park's garage, if such garage is open during track operation and is adjacent to the track.

(s) Such park shall provide and maintain a barrier or barriers preventing access to the track area by patrons, spectators and the general public.

(Ord. No. 2840-85. Passed 4-14-86, eff. 4-21-86)

691.15 Prohibited Practices

No person shall cause or allow the following practices on any karting park:

(a) The operation of any ride, when any part of such ride is nearer than 100 feet to a public street or highway, or to an inhabited dwelling. If there is, within 150 feet of any such ride, an inhabited dwelling, the music, whether made by organ whistle or bell, shall be permitted only during the hours from 2:00 p.m. to 9:00 p.m. No person shall continue any such music beyond the hour of 9:00 p.m. or commence the same earlier than 2:00 p.m. At his discretion, the Director of Public

Safety may grant a permit authorizing the continuance of such music during the hours therein prohibited nearer than 150 feet to an inhabited dwelling and also permitting the operation of any of the rides hereinbefore described nearer than 100 feet to a public street or highway or to an inhabited dwelling. In either event, such permit shall be for not more than two days in any calendar month.

(b) The operation of rides in competition, racing or cutting in and out of rides.

(c) The operation of rides by operators who are under the age of eight (8), or whom the management finds are unable to operate the ride safely.

(d) The operation of rides not owned by the management.

(e) The operation of rides when any snow or ice is on the track.

(f) The operation of any ride on the premises that is both over five horsepower and exceeds the minimum horsepower of commercially available karts.

(g) The operation of rides by operators where safety helmets have not been made available to operators.

(h) The operation on the premises of any ride that is both over five horsepower and exceeds the minimum horsepower commonly commercially available.


691.16 Discrimination Prohibited

No person shall be refused admission to or be denied any of the karting opportunities afforded by any karting park as herein defined, except for reasons common to all other persons. In no event shall any person be discriminated against in the enjoyment of such karting opportunities and facilities because of race, religion, color, sex, sexual orientation, gender identity or expression, national origin, age, disability, ethnic group or Vietnam-era or disabled veteran status.

(Ord. No. 1260-08. Passed 11-30-09, eff. 12-3-09)

691.17 License Suspension or Revocation

(a) If the licensee fails to comply with any of the terms and conditions of this chapter or any of the laws or ordinances relating to the business licensed, other than the prohibition against discrimination contained in this chapter and in the civil rights statutes of Ohio, the Commissioner of Assessments and Licenses upon the recommendation of the Director of

Public Safety may suspend or revoke such license.

(b) If any licensee hereunder has been convicted of violation of the civil rights statutes, or if judgment has been obtained against such licensee because of such violation, the Commissioner shall revoke the license and no license shall be issued to any such licensee or any license applicant at that location until the expiration of at least six months from the date of revocation.

(c) Upon the complaint of alleged discrimination on the part of any licensee, the Director, if satisfied after investigation that such complaint is valid, may recommend the suspension of the license, and thereupon the Commissioner shall suspend such license for a period of not less than thirty days nor more than six months.

(d) The order of the Commissioner revoking or suspending a license shall become effective forthwith, except that in the case of violation of the civil rights statutes or the anti-discrimination provisions of this chapter, such order shall become effective at the expiration of ten days from the issuance thereof.

(Ord. No. 338-62. Passed 4-9-62, eff. 4-12-62)

691.18 Appeal

In case of the refusal to issue a license or the revocation or suspension of a license by the Commissioner of Assessments and Licenses, the applicant or licensee may appeal from such order to the Board of Zoning Appeals established pursuant to Charter Section 76-6. Notice of such appeal shall be in writing and shall be filed with the Commissioner within ten days after making of such order. The Board, within fourteen days after filing with the Commissioner of such notice of appeal, shall proceed with the hearing of such appeal, at which hearing all parties interested shall be afforded an opportunity to be heard. The Board shall approve, modify or annul such order from which the appeal has been perfected, and the finding of such Board shall be final on all parties thereto.

(Ord. No. 338-62. Passed 4-9-62, eff. 4-12-62)

691.19 Saucer Track Construction

No person, partnership or corporation shall exhibit to the public or to spectators in the City, for money or other reward demanded or received, any motorcycle operation, speeding or racing in any stadium or motordrome having a saucer track, unless such saucer track has constructed entirely around its rim or periphery, a metal screen or shield placed at such angle toward the center of the stadium or motordrome as will effectually prevent a motorcycle, at whatever speed operated or however directed, from passing beyond the rim or periphery of the track and into the portions of the motordrome or stadium designed or used for the accommodation of spectators. Such screen or shield shall be of such strength and so braced by metal supports that a motorcycle cannot break through it any place. The width of the screen or shield, the kind of material used in its construction and the angle of its direction toward the center of the course, shall all be such as are approved by the Commissioner of Building and such as will in his judgment, accomplish the purpose of safety to the public intended by this Section.

691.99 Penalty

Whoever violates any of the provisions of this chapter shall be guilty of a misdemeanor and fined not more than fifty dollars ($50.00) for the first offense and for a second or subsequent offense not more than five hundred dollars

($500.00), or imprisoned not more than thirty days, or both. Each day's violation constitutes a separate offense.

(Ord. No. 338-62. Passed 4-9-62, eff. 4-12-62)


Chapter 692 — Music Entertainment







No keeper or proprietor or other person in the interest of such keeper or proprietor, or any lessee of any restaurant, coffee house, pool or billiard room, night club, ice skating or roller rink, or other similar place where refreshments or entertainment is provided for the general public shall have, permit or allow therein any vocal or instrumental music, or mechanically produced music, specifically excluding radios or television sets, without first having obtained a permit from the Director of Public Safety. Nothing in this section shall apply to the holder of a valid dance permit.

(Ord. No 456-64. Passed 3-16-64, eff. 3-19-64)

692.02 Permit Application; Fee; Term

The Director of Public Safety shall, upon payment by the applicant for the permit of a fee of seventy-five dollars ($75.00) to the City Treasurer for each permit requested, grant the permits for a two-year period, expiring on the 30th day of June in odd numbered years, unless sooner forfeited by the Director, provided, however, that any permit issued under this section between the effective date of this section and June 30, 1993, shall expire on June 30, 1995, unless sooner forfeited by the Director. A conviction for a violation of any ordinance of the City governing such places shall be sufficient cause for the forfeiture of the permits. No permits shall be issued to any person to whom a permit formerly issued has been forfeited, or who has been convicted of a felony. The permit shall bear the name of the person to whom granted, the name of the street and number of the building where the music is to be employed, and the terms on which the same is granted, as well as a clause specifying the conditions of forfeiture, and shall be signed by the Director of Public Safety and bear the seal of the City, and it shall not be transferred. The Director may, notwithstanding the provisions of this section, issue a permit for one entertainment without the payment of a fee as provided in this section.

(Ord. No. 2393-02. Passed 2-3-03, eff. 2-3-03)

692.03 Records to be Kept; Fee Disposition

The Director of Public Safety shall keep a proper record and duplicate of each permit granted, and all moneys collected for such permits shall be immediately paid into the City Treasury to the credit of the General Fund.

692.04 Permit Exhibition

Any person holding a permit shall, upon demand, show the same to any police officer of the City.

692.99 Penalty

Whoever violates any of the provisions of Sections 692.03 or 692.04 shall be fined not less than ten dollars ($10.00) nor more than fifty dollars ($50.00), and forfeit the permit as above provided.


Chapter 692A — COIN OPERATED AMUSEMENT DEVICES



(a) "Amusement device" as used in this chapter means any electronic and/or video machine or mechanical device, including pinball machine, which, upon the insertion or deposit of a coin, slug, token or disc, permits a person or operator using such device, whether or not registering a score, to secure some amusement, enjoyment, entertainment or relaxation by the use of such machine or device. "Amusement device" does not include mechanically produced music as regulated by

Chapter 692, billiard or pool tables as regulated by Chapter 688, or picture arcades or live viewing booths as regulated by

Chapter 699.

(b) "Pinball machine" means any machine or device commonly or popularly known as a pinball machine and any machine or device which registers a score and in which or on which a person can shoot or roll, either manually or mechanically, one or more pellets, balls or marbles upon the insertion or deposit of a coin, slug, token or disc or upon the payment of a consideration.

(c) "Exhibitor" means any person in whose place of business an amusement device is placed for use by the public.


692A.02 Gambling Devices Prohibited

Nothing in this chapter shall in any way be construed to authorize, license or permit any gambling device whatsoever, or any amusement device that has been judicially determined to be a gambling device or that is prohibited by any present or future law.



No exhibitor shall install or cause to be installed an amusement device in his or her place of business for operation or use by the general public without a license issued pursuant to this chapter for each place of business in which an amusement device is to be installed. Nothing in this chapter shall be construed to permit an amusement device to be located where it would be prohibited by the Zoning Code, or to alter the Zoning Code in any way.


692A.04 License Fees

(a) Subject to the exemption in division (c) of this section, every exhibitor who is required by Section 692A.03 to obtain a license shall pay a license fee for each two-year license period or fraction of that period, under the following schedule:

Number of Devices at One Location Fee

3 or less

4 - 20

Over 20

$60.00 per device

$40.00 per device

No charge

(b) Every exhibitor who obtains a license for a place of business under division (a) of this section and who subsequently desires to increase the number of amusement devices at that place of business shall file an additional license application under Section 692A.05, and shall pay an additional license fee based on the amounts in division (a) of this section taking into account the number of devices for which annual license fees have already been paid.

(c)(1) No license fee shall be required of a charitable organization for any amusement device with respect to which:

A. the charitable organization is not subject to the tax imposed by Section 511 of the Internal Revenue Code of 1986, as amended, for unrelated business income with respect to the revenues derived from the device; or

B. the charitable organization is the owner of the device.

(2) For purposes of this division (c), a "charitable organization" means any corporation, or association, or trust, or community chest, fund, or foundation, organized and operated exclusively for religious, charitable, or educational purposes, or for the prevention of cruelty to children or animals, and no part of the net earnings of which inures to the benefit of any private shareholder or individual, and no substantial part of the activities of which is carrying on propaganda or otherwise attempting to influence legislation; provided, however, that nothing in this division shall include an organization operated for the primary purpose of carrying on a trade or business for profit, whether or not all of its profits are payable to one or more organizations described in this division.

(Ord. No. 2393-02. Passed 2-3-03, eff. 2-3-03)

Note: Notwithstanding any other provision of this ordinance or Chapter 692A of the Codified Ordinances, any license to exhibit coin operated amusement devices issued by the Commissioner of Assessments and Licenses between January 1,

1995 and June 30, 1995, inclusive, shall be issued with an expiration date of June 30, 1997. The fee in any such case shall

be the same fee as specified in Section 692A.04 of the Codified Ordinances, as enacted by Section 1 of this ordinance.

692A.05 Application for License

The application for each license required by this chapter shall be made to the Commissioner of Assessments and Licenses on forms to be prescribed by the Commissioner, and shall contain the following information:

(a) The name and address, age and birthdate of the applicant, including all partners in the case of a partnership and all officers and directors in the case of a corporation;

(b) The location where the amusement device or devices shall be displayed or operated and the business conducted therein;

(c) Such other information as the Commissioner of Assessments and Licenses may require.


692A.06 Issuance of License

(a) The Director of Public Safety or the Commissioner of Building and Housing, as appropriate, shall determine that the following prerequisites to the issuance of a license have been established:

(1) The applicant has not been convicted within the previous five (5) years of a felony, a misdemeanor involving minors, a misdemeanor involving moral turpitude, or a crime of violence;

(2) A license properly issued to the applicant has not been revoked or forfeited within the previous five (5) years; and

(3) The location, structure, placement, wiring and connections of the amusement devices covered by the application are suitable under the requirements of the Building Code, the Zoning Code and this chapter, and all required inspection fees have been paid to the City. No extension cords shall be used for such devices.

(b) The Director of Public Safety and the Commissioner of Building and Housing shall endorse on each application their approval or disapproval with reasons for any disapproval and return the same to the Commissioner of Assessments and

Licenses within ten (10) working days of receiving notice of the application. Upon approval by the Director of Public Safety and the Commissioner of Building and Housing and upon the payment of the license fee, the Commissioner of

Assessments and Licenses shall issue to the applicant one license for each location set forth in the application. Each license shall indicate the number of amusement devices thereof which are permitted at that location.

(c) Each license issued pursuant to this section shall be issued for a period of two years or such lesser period of time as results in the expiration of all licenses on the 30th day of June in odd numbered years.

(Ord. No. 1104-94. Passed 6-13-94, eff. 6-22-94)

Note: Notwithstanding any other provision of this ordinance or Chapter 692A of the Codified Ordinances, any license to exhibit coin operated amusement devices issued by the Commissioner of Assessments and Licenses between January 1,

1995 and June 30, 1995, inclusive, shall be issued with an expiration date of June 30, 1997. The fee in any such case shall

be the same fee as specified in Section 692A.04 of the Codified Ordinances, as enacted by Section 1 of this ordinance.

692A.07 Renewal of License

An application for renewal of a license shall be filed not sooner than ninety (90) days and not later than forty-five (45) days prior to the expiration of the existing license, in accordance with the procedures and requirements of the



692A.08 Display of License

Every license issued pursuant to this chapter shall be posted in a conspicuous place in the location for which it is issued.


692A.09 Transferability

(a) Licenses issued pursuant to this chapter shall not be transferable from one location to another.

(b) Amusement devices shall be freely transferable from location to location, provided that the exhibitor files a license application pursuant to Section 692A.05 and pays a license fee pursuant to Section 692A.04 for every such device which represents a net increase in the number of devices at any one location.


692A.10 Prohibited Hours: Minors

(a) No person under eighteen (18) years of age shall operate an amusement device in the establishment of an exhibitor during the following hours:

(1) between the hours of midnight and 5:00 a.m., unless such person is accompanied by a parent or guardian; and

(2) when the Cleveland public schools are in session, between the hours of 8:00 a.m. and 4:00 p.m.

(b) No exhibitor, either personally or through an agent or employee, shall permit a person under eighteen (18) years of age to operate an amusement device in violation of division (a) of this section.


692A.11 Inspection

The Commissioner of Assessments and Licenses and any law enforcement officer are hereby authorized to make periodic checks of any business establishment in which an amusement device is located during the business hours of such establishment for the purpose of inspection of such amusement device to protect the health, safety and welfare of the general public using such device.


692A.12 Seizure of Machines

Any amusement device for which no license has been issued and which is found in possession or custody of any person, may be sealed, padlocked or seized by the Commissioner of Assessments and Licenses or any duly authorized law enforcement officer of the City, in order to secure the same for trial for failure to have a license issued or for any other violation of this chapter, and such seal or padlock shall not be removed, nor seizure lifted, nor shall the amusement device be removed from the location where it may have been sealed or padlocked by anyone other than the Commissioner of

Assessments and Licenses or a duly authorized law enforcement officer until a license first has been issued and any fines and penalties have been fully paid.


692A.13 Revocation of License

The Commissioner may at any time revoke or suspend any license granted under authority of this chapter for failure to comply with the terms of this chapter, Chapter 199 or any laws or regulations of the City or the State of Ohio relating to amusement devices.


692A.14 Appeal

If the Commissioner refuses to issue or revokes or suspends a license, the applicant or licensee may appeal such order to the Board of Zoning Appeals established pursuant to Charter Section 76-6. Written notice of such appeal shall be filed with the Board within ten (10) days after the making of such order. Within ten (10) days after the filing of such notice, the

Board shall proceed to hear such appeal, at which hearing all parties interested shall be afforded an opportunity to be heard. The Board shall approve, modify or annul the order from which the appeal has been perfected, and the finding of the Board shall be final with respect to all parties thereto.


692A.99 Penalties

Any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor of the fourth degree. Any exhibitor who, personally or through an agent or employee, permits a minor to operate an amusement device in violation of Section 692A.10 shall, upon each subsequent offense, be guilty of a misdemeanor of the first degree. Each day's violation shall constitute a separate offense as to each such amusement device.



Chapter 693 — Picture Machines and Theaters




693.01 Picture Machine Defined

"Picture machine" as used in this chapter means any machine or device, either permanently located or portable in nature, operated by or with the aid of electricity or any other illuminant, and which is designed, intended or used to produce and/or reproduce images whether by film, video disc, or picked up by delivered signal with or without sound with equipment of all types and sizes, mechanical and/or electronic, including but not limited to, standard motion picture projectors automated or not, audio visual equipment, telecine projectors, video tape equipment, television projectors whether on closed or open circuit and whether for large or small screens or monitors, and components and apparatus pertaining thereto.

(Ord. No. 1252-92. Passed 5-17-93, eff. 5-24-93)

693.02 Scope of Provisions

The provisions of Sections 693.01 through 693.11 shall apply to theaters, auditoriums, schools, churches, halls and such other exhibition or meeting rooms to which the public, or any segment thereof, is admitted to view the showing of any pictorial representations projected from a picture machine.

(Ord. No. 191-70. Passed 6-1-70, eff. 6-4-70)

693.03 Compliance

No picture machine shall be installed, maintained or operated within the City except in conformity with the provisions of this chapter and such other provisions of the Codified Ordinances relating to the installation and construction of a booth for the enclosing of a picture machine, as well as such requirements relating to the location, construction and other safety regulations for theaters, exhibition or meeting halls, auditoriums or other places of amusement or any segment thereof.

(Ord. No. 191-70. Passed 6-1-70, eff. 6-4-70)

693.04 Use of Picture Machines

All picture machines within which combustible film is used shall be equipped with incombustible magazines for receiving and delivering the films during the operation of the machine. A shutter must be provided and placed in front of the condenser of the machine, so arranged that it can be instantly closed by the operator.

(Ord. No. 191-70. Passed 6-1-70, eff. 6-4-70)

693.05 Films Within the Booth

Films, not in the picture machine, within the booth enclosing the machine, shall be kept in metal boxes with tight fitting covers.

(Ord. No. 191-70. Passed 6-1-70, eff. 6-4-70)

693.06 Hot Carbons

Hot carbons taken from the lamps used in the picture machines shall be deposited in a metal receptacle equipped with a self-closing hinged cover provided in the booth for such purpose.

(Ord. No. 191-70. Passed 6-1-70, eff. 6-4-70)

693.07 Qualified Operators Required

Only holders of a Certificate of Qualification, for Picture Machine Operator, as described in Codified Ordinance Chapter

3107, shall be employed or permitted to operate any picture machine unless the picture machine is used by and incidental to the purposes of any charitable, religious, benevolent or public or private educational organization. At the Cleveland

Convention Center, the Convention Center Work Rules and any applicable collective bargaining agreements shall govern the use of licensed picture machine operators, to the extent applicable.

(Ord. No. 377-03. Passed 5-19-03, eff. 5-27-03)

693.08 and 693.09 License Examinations; License Issuance; Fee; Renewal—Repealed

(Ord. 377-03. Passed 5-19-03, eff. 5-27-03)

693.10 Premises Compliance Certificate Required

No individual, partnership or corporation shall be permitted to conduct the business of moving picture exhibitions, until he has applied for and procured from the Commissioner of Building a certificate that the premises wherein the exhibitions are to be given and the apparatus used in connection therewith are in compliance with the provisions of this chapter and such other sections of the Codified Ordinances relating thereto.

(Ord. No. 191-70. Passed 6-1-70, eff. 6-4-70)

693.11 Certificate Revocation

The Commissioner of Building shall have authority and shall revoke the certificate issued to any person, firm or corporation for conducting or maintaining picture machine exhibitions when he is satisfied that such person has violated any of the provisions of this chapter or such other sections of the Codified Ordinances relating thereto. However, before revoking such certificate, opportunity shall be given such person to correct such violations.

(Ord. No. 191-70. Passed 6-1-70, eff. 6-4-70)

693.12 Drive-In Theater Defined; License Required

(a) No person, firm or corporation shall open, operate or maintain, or cause to be opened, operated or maintained, any drive-in theater without first obtaining a license to do so as hereinafter provided.

(b) For the purposes of this chapter, "drive-in theater" means any enclosed premises in which motion pictures are projected upon a screen which are viewed by patrons seated in automobiles parked within such enclosure and for which privilege an admission charge is made.

(Ord. No. 1242-49. Passed 6-27-49)

693.13 License Application; Approval or Disapproval

Application for a drive-in theater license shall be made to the Commissioner of Assessments and Licenses on forms to be prescribed by him, and shall set forth the name, residence and business address of the owner, the name and address of the applicant, if individuals, and if a firm or partnership, the name or names, residence and occupation of the manager and each member of the firm or partnership, and if a corporation, the names of its officers and manager, and such other information as the Commissioner of Assessments and Licenses may require. The Commissioner of Assessments and

Licenses shall transmit such application for inspection and investigation to the Commissioner of Building, Commissioner of Health, Chief of Fire and Chief of Police. The Commissioner of Building, Commissioner of Health, Chief of Fire and

Chief of Police each shall, after such inspection and investigation as they may deem necessary, make a report with their recommendations for approval or disapproval of such application. If such application is approved, the Commissioner of

Assessments and Licenses shall issue a license on payment of the proper fee hereinafter provided. The application for license shall be rejected if the report submitted shows that any person named in that application is not of good moral character or that the drive-in theater sought to be licensed does not comply with the health and fire regulations applicable

thereto.

(Ord. No. 1242-49. Passed 6-27-49)

693.14 License Fee; Expiration; Posting

Any person, firm, corporation or association to which a drive-in theater license is granted shall pay an annual fee therefor as follows:

Number of Cars Fee

500 or less $500.00

501 to 1,000 1,500.00

Over 1,000 2,500.00

All licenses granted under the provisions of this chapter shall expire on May 1. The license shall be displayed in a conspicuous place in the drive-in theater for which it is issued. No transfer of any license shall be permitted.

(Ord. No. 1242-49. Passed 6-27-49)

693.15 Drive-In Theater Operation Restrictions

No drive-in theater shall be maintained or operated:

(a) In violation of any provision of the Zoning Code;

(b) So as to constitute a fire or traffic hazard;

(c) Unless adequate provision, in the judgment of the Commissioner of Health, is made for sanitary needs of patrons;

(d) Unless the parking and driving areas are hard surfaced or so treated as to minimize the creation of dust;

(e) Except in a clean and orderly manner;

(f) After 12:00 midnight;

(g) In or upon which immoral acts are permitted.

(Ord. No. 1242-49. Passed 6-27-49)

693.16 License Suspension or Revocation

The Commissioner of Assessments and Licenses, upon recommendation of the Commissioner of Health, Chief of Fire and

Chief of Police, or any of them, may at any time revoke or suspend licenses granted under the authority of this chapter for the failure to comply with the terms of this chapter or any of the other laws of the State or any ordinance of the City applicable to the operation of drive-in theaters.

(Ord. No. 1242-49. Passed 6-27-49)

693.17 Appeal

In case of refusal to issue a license or of revocation or suspension of a license by the Commissioner of Assessments and

Licenses, the applicant or licensee may appeal from such order to the Board of Zoning Appeals, established pursuant to

Charter Section 76-6. Notice of appeal shall be in writing and shall be filed with the Board within ten days after the making of such order. The Board shall fix a time of hearing for such approval not later than ten days after the filing of such notice at which all parties interested shall be afforded an opportunity to be heard. Such Board shall approve, modify or annul such order from which such appeal has been perfected. The opinion of the Board shall be final on all parties thereto.

(Ord. No. 1242-49. Passed 6-27-49)

693.99 Penalty

Any person, firm, corporation, or association who violates any of the provisions of this chapter shall be fined not less than five dollars ($5.00) nor more than two hundred dollars ($200.00).

(Ord. No. 1242-49. Passed 6-27-49)


Chapter 694 — Roller Rinks


694.01 Defined

As used in this chapter, "roller rink" means a building, room, enclosure, premises, place or establishment in the City where roller skating is offered to the general public upon payment of a fee or charge.

(Ord. No. 357-A-42. Passed 6-15-42)


No person, firm, corporation or association shall engage in the business of operating any roller skating rink within the limits of the City without first having applied for and obtained from the Commissioner of Assessments and Licenses a license as provided in this chapter.

(Ord. No. 357-A-42. Passed 6-15-42)

694.03 License Application; Approval or Disapproval

Application for the license shall be made to the Commissioner of Assessments and Licenses on forms to be prescribed by him, and shall set forth the name, residence and business address of the owner, the name and address of the applicant, if individuals, and if a firm or partnership, the names, residences and occupations of the manager and each member of the firm or partnership, and if a corporation, the names of its officers and manager, and such other information as the

Commissioner of Assessments and Licenses may require. The Commissioner of Assessments and Licenses shall transmit such application for inspection and investigation to the Commissioner of Building, Commissioner of Health, Chief of Fire and Chief of Police. The Commissioner of Building, Commissioner of Health, Chief of Fire and Chief of Police each shall, after such inspection and investigation as they may deem necessary, make a report with their recommendation for approval or disapproval of such application. If such application is approved, the Commissioner of Assessments and

Licenses shall issue a license on payment of the proper fee. The application for a license shall be rejected if the report submitted thereon shows that any person named in the application is not of good moral character or that the roller skating rink sought to be licensed does not comply with the health and fire regulations applicable thereto.

(Ord. No. 357-A-42. Passed 6-15-42)

694.04 License Fee; Expiration; Posting Required

Any person, firm, corporation, or association to which a license is granted shall pay an annual fee as follows:

Skating Area (sq. ft.) Fee

Less than 2,500 $50.00

2,500 to 5,000

5,001 to 6,500

Over 6,500

$60.00

$65.00

$80.00

All licenses granted under the provisions of this chapter shall expire on May 1. The license shall be displayed in a conspicuous place in the roller skating rink for which it is issued. No transfer of any license shall be permitted.

(Ord. No. 2393-02. Passed 2-3-03, eff. 2-3-03)

694.05 Maintenance Requirements; Minors' Attendance Restricted

(a) All roller skating rinks shall be kept at all times in a clean, healthful and sanitary condition and all stairways and other passages shall be kept clear and well lighted. After a license has been issued for the operation of such roller skating rink, the Commissioner of Health and the Chief of Fire shall strictly enforce the conditions herein set forth.

(b) No firm, person, corporation or association, or their agent or operator, shall permit a minor under the age of eighteen years to remain on the premises of such roller skating rink after the hour of 11:00 p.m., unless such minor is accompanied by a parent or guardian. No person shall represent himself or herself to have reached the age of eighteen years in order to obtain admission to a roller skating rink, or be permitted to remain therein when such person is in fact under the age of eighteen years.

(Ord. No. 357-A-42. Passed 6-15-42)


All roller skating rinks shall be closed on or before the hour of 1:00 a.m.

(Ord. No. 301-83. Passed 6-13-83, eff. 6-16-83)

694.07 Extending Closing Hour

Notwithstanding the provisions of Section 694.06, on application the Commissioner of Assessments and Licenses may issue a permit to any bona fide club, association or organization to continue the use of any roller skating rink after the hour of 11:00 p.m. but not later than 1:30 a.m., which rink shall not be open to the public generally. The Chief of Police shall furnish a report approving the operating of such roller skating rink after having made an investigation to determine whether such applicant is a bona fide club, association or organization and that such operation of the roller skating rink after the hour of 11:00 p.m. shall not constitute a nuisance or in any way interfere with or endanger the health and welfare, morals or safety of the residents of the City.

(Ord. No. 357-A-42. Passed 6-15-42)


The Commissioner of Assessments and Licenses, upon recommendation of the Commissioner of Building, Commissioner of Health, Chief of Fire and Chief of Police, or any of them, may at any time revoke or suspend licenses granted under the authority of this chapter for the failure to comply with the terms of this chapter or any of the other laws of the State or any ordinance of the City applicable to the operation of such roller skating rink.

(Ord. No. 357-A-42. Passed 6-15-42)

694.09 Appeal

In case of refusal to issue a license or revocation or suspension of a license by the Commissioner of Assessments and

Licenses, the applicant or licensee may appeal from such order to the Board of Zoning Appeals, established pursuant to

Charter Section 76-6. Notice of appeal shall be in writing and shall be filed with the Board within ten days after the making of such order. The Board shall fix a time of hearing for such approval, not later than ten days after the filing of such notice, at which all parties interested shall be afforded an opportunity to be heard. Such Board shall approve, modify or annul such order from which the appeal has been perfected. The opinion of the Board shall be final on all parties thereto.

(Ord. No. 357-A-42. Passed 6-15-42)

694.99 Penalty

Any person, firm, corporation, or association who violates any of the provisions of this chapter shall be fined not less than five dollars ($5.00) nor more than two hundred dollars ($200.00).

(Ord. No. 357-A-42. Passed 6-15-42)


Chapter 695 — Shooting Galleries




Use of weapons while drugged, intoxicated, CO 627.03

Handgun registration and regulations, CO Ch 674

695.01 Shooting Gallery Defined

As used in this chapter, "shooting gallery" means a place open to the public where a charge is made for discharging firearms at a target, and does not include ranges maintained by any military, police or other organization to which the public generally is not admitted.

(Ord. No. 105351. Passed 12-21-36)


No person, firm or corporation shall open, operate or maintain, or cause to be opened, operated or maintained, any shooting gallery without first obtaining a license to do so as provided in this chapter.

(Ord. No. 105351. Passed 12-21-36)


Application for a license to operate a shooting gallery shall be filed with the Commissioner of Assessments and Licenses upon forms to be furnished by him. Such application shall contain the name and address of the applicant; and if a corporation, the full and accurate corporate name, when and where incorporated, name of county where certificate has been filed and date of filing; principal place of business; full name and address of corporate officers; and if a partnership, the name and address of the members thereof; and if the applicant conducts business under a trade name, the full and complete trade name and the name and address of the person or persons doing business under such trade name. Such application shall give the proposed location of the shooting gallery or galleries, and the number and type of arms to be used and a full and complete description of the plan for construction of the place for stopping and controlling bullets, and such other information as the Commissioner prescribes. A copy of the target to be used shall be submitted with the license application.

(Ord. No. 105351. Passed 12-21-36)

695.04 Investigation

The Commissioner of Assessments and Licenses shall refer each application to the Chief of Police who shall forthwith make or cause to be made an investigation of the character of the applicant and of the fitness and suitability of the shooting gallery from the standpoint of public safety and compliance with the regulations hereinafter set forth. After completing such investigation, the Chief of Police shall return the application to the Commissioner with his recommendation endorsed thereon.

(Ord. No. 105351. Passed 12-21-36)

695.05 License Issuance; Posting

Upon receipt of the application from the Chief of Police, with his endorsement thereon approving the same, the

Commissioner of Assessments and Licenses shall issue a license upon the payment of a fee of fifty dollars ($50.00) per year for each shooting gallery licensed to be operated. All such licenses shall be for the period of one year and shall expire on September 30 next following the date of issuance, and there shall be no rebate for any lesser time. The license shall be conspicuously exhibited upon the premises.

(Ord. No. 105351. Passed 12-21-36)

695.06 Bond; Liability Insurance

No license shall be issued by the Commissioner of Assessments and Licenses until there has been deposited with the

Director of Finance a bond of five thousand dollars ($5,000) for the benefit of any person or persons who may receive injuries or suffer death by reason of the operation of such shooting gallery, which bond shall be approved by the Director of Law and the Director of Finance; or such applicant may deposit a policy or certificate of liability insurance acceptable to and approved by the Director of Law and the Director of Finance, insuring and indemnifying the applicant in a sum of at least five thousand dollars ($5,000) for injury or death of one person, and ten thousand dollars ($10,000) for injury or death of two or more persons in any one accident resulting from the operation of such shooting gallery. The policy shall further contain a clause obligating the insurance company issuing the same to give thirty days' written notice to the

Commissioner before cancellation of the same. In case such policy of insurance is not replaced, the license shall forthwith be cancelled at the expiration of such thirty day period.

(Ord. No. 105351. Passed 12-21-36)

695.07 Operating Regulations for Public Ranges

The Commissioner of Assessments and Licenses, and any person or persons designated by him, and every police officer shall enforce the following regulations:

(a) The backstop behind the target shall be made rigid; be at least sixteen gauge steel boiler plate; extend the full width of the room and extend forward at an angle which in the opinion of the Police Division officer in charge of ordnance section is adequate to protect the employees and the public from bullet ricochet.

The sides of the room shall be protected by steel boiler plate of a thickness satisfactory to the Police Division officer in charge of ordnance section and shall extend from the floor not less than ten feet. There shall be provided a six-inch sand trap at the bottom and directly in front of the backstop, the full width and depth of the same.

However, where the room is surrounded by walls of heavy masonry, the Police Division officer in charge of ordnance section is hereby empowered to modify the above regulations.

(b) No owner, operator or attendant shall permit any person under the influence of intoxicants or narcotics, or any person under the age of sixteen years to handle or discharge any firearms upon the premises.

(c) The use of pistols or revolvers shall not be permitted and no rifle discharging a cartridge at a velocity exceeding 1,200 feet per second shall be permitted.

(d) All doors, gates and entrances leading into that part of the premises between the firing point and the backstop shall be securely locked, and no person shall be permitted therein, at all times while persons are engaged in shooting, or have access to the rifles used.

(e) No shooting gallery shall be located nearer than 200 feet of any school, church or hospital.

(f) All rifles, including the sights thereon, shall be kept at all times in first class condition, and the adjustment and blackening of sights shall be permitted.

(g) The ammunition used shall be smokeless, and only twenty-two caliber short cartridges shall be permitted to be used.

(h) Such shooting gallery shall be open to the public only between the hours of 9:00 a.m. and 12:00 midnight.

(i) The shooting gallery shall be properly and adequately ventilated at all times.

(j) Attendants shall wear a uniform, brassard or other distinguishing mark to identify them as employees of the licensee, and no attendant or employee shall have charge of more than four rifles while actually being used on the firing line.

(k) No gambling shall be permitted upon the premises licensed as a shooting gallery, but this shall not be construed to prevent the offering of prizes for marksmanship. All paper targets used shall be of a quality and texture of paper to be prescribed by the Commissioner of Assessments and Licenses.

In addition to the foregoing, the City is hereby empowered to make such further regulations not inconsistent herewith, which may from time to time be required for the protection of the public safety and welfare.

(Ord. No. 106257-A. Passed 1-31-38)


The Commissioner of Assessments and Licenses, upon the recommendation of the Chief of Police, may at any time revoke or suspend the license granted under authority of this chapter for failure to comply with the terms of this chapter or any of the laws or regulations relating to the use of shooting galleries.

(Ord. No. 105351. Passed 12-21-36)

695.09 License Appeals

In case of the refusal to issue a license or the revocation or suspension of a license by the Commissioner of Assessments and Licenses, the applicant or licensee may appeal from such order to the Board of Zoning Appeals, established pursuant to Charter Section 76-6. Notice of such appeal shall be in writing and shall be filed with the Board within ten days after the making of such order. The Board within ten days after filing with the Board of such notice of appeal shall proceed with the hearing of such appeal, at which hearing all parties interested shall be afforded an opportunity to be heard. Such Board shall approve, modify or annul such order from which the appeal has been perfected. The finding of such Board shall be final on all parties thereto.

(Ord. No. 105351. Passed 12-21-36)


As used in this chapter, the following terms shall be defined as follows:

(a) "Private range" includes a private rifle range, private pistol range and a private pistol and rifle range, and means every place whether indoors or out, or underground, open to or used by members of a gun club or guests, where firearms are discharged at a target, but does not include ranges maintained by any military or police agencies, or public shooting galleries provided for under Sections 695.01 through 695.09.

(b) "Gun club" means and includes every two or more persons banded together to promote and engage in the shooting of firearms at targets in a private range.

(Ord. No. 783-A-41. Passed 10-27-41)

695.11 Private Range Permit Required

No person, association, board of education or gun club shall construct, open, operate or maintain or cause to be constructed, opened, operated or maintained, a private range nor shall any gun club use a private range without first obtaining a permit therefor, and complying with the provisions of this chapter.

(Ord. No. 783-A-41. Passed 10-27-41)

695.12 Application for Private Range Permit

Application for a permit to construct, open, operate and maintain a private range, or for a gun club to use a private range, shall be filed with the Director of Public Safety in a form prescribed and furnished by him.

Such application shall state:

(a) The name of the applicant;

(b) Kind of permit requested;

(c) Name and address of range;

(d) Names and addresses of officers and members of the club;

(e) Type of firearms to be used;

(f) The type of target to be used;

(g) Such other information as the Director may require.

(Ord. No. 783-A-41. Passed 10-27-41)

695.13 Investigation; Permit Issuance

(a) The Director of Public Safety or any member of the Department of Public Safety designated by him, shall forthwith make an investigation of the character of the person or persons named in the application, and of the fitness and suitability of the private range from the standpoint of public safety and compliance with the regulations as set forth herein.

(b) The application may be rejected if the Director finds any of the persons named in the application not of good moral character, or any who belonged to a gun club the permit of which was revoked because of violation of any of the provisions of this chapter. After completing such investigation, a report of the same shall be made to the Director.

(c) On a receipt of any application upon which there is endorsed a recommendation approving the same, the Director shall issue a permit to the applicant without charge therefor, for the constructing, opening, operating or maintaining a private range, or for the use of a private range as the case may be.

(Ord. No. 783-A-41. Passed 10-27-41)

695.14 Permit Appeals

In case of the refusal to issue a permit or the revocation or suspension of a permit by the Director of Public Safety, the applicant or permittee may appeal from such order to the Board of Zoning Appeals, established pursuant to Charter

Section 76-6. Notice of such appeal shall be in writing and shall be filed with the Board within ten days after the making of such order. The Board within ten days after filing of such notice of appeal, shall proceed with the hearing of such appeal, at

which hearing all parties interested shall be afforded an opportunity to be heard. The Board shall approve, modify or annul such order from which the appeal has been perfected, and the finding of such Board shall be final on all parties thereto.

(Ord. No. 783-A-41. Passed 10-27-41)

695.15 Operating Regulations for Private Ranges

The Director of Public Safety, and any member or members of the Department of Public Safety so designated by him, and every police officer shall enforce the following regulations:

(a)(1) For ranges where rifles of no more than twenty-two caliber and bullets having no greater velocity than 1,200 feet per second are used, the backstop behind each target shall be at least one-fourth inch steel boiler plate, having a minimum width of four feet for each firing point, slant forward at an angle of not less than thirty degrees with the floor, but of rigid construction, and at least six feet high from the floor.

(2) For ranges where pistol and rifle shooting is done and bullets having no greater velocity than 1,200 feet per second are used, the backstop shall be of at least three-eighths inch steel boiler plate and extend the full width and height of the room, and the ceiling above the range from a point over the head of the shooter and for a distance of ten feet in the direction of the target shall be one-fourth inch steel plate. However, if the ceiling is of concrete or brick construction, the Director may waive this requirement of steel for the ceiling.

(3) There shall be provided a one-foot sand trap at the bottom and directly in front of the backstop, the full width of the range.

(b) No person under the influence of intoxicants or narcotics shall be permitted to handle or discharge any firearms on a private range; nor shall any person under the age of sixteen be permitted to handle or discharge firearms on any private range unless done under adult supervision.

(c) All doors, gates and entrances leading into that part of the premises between the firing point and backstop shall be securely locked, and no person shall be permitted therein, at all times when persons are engaged in shooting.

(d) There shall be, at all times, proper and adequate ventilation of all private ranges.

(e)(1) Every private range holding a permit shall have a registration book for members, and a registration book for guests, and each day that a member or guest uses the range, he or she shall register under proper date, name, address and the club to which they belong, in the respective book for that purpose.

(2) Every gun club shall keep a current roster of the names and addresses of its officers and members. Such books shall be subject at all times to examination by the persons designated herein to enforce the regulations provided for in this chapter.

(f) No rifles other than twenty-two caliber, rim fire shall be used in private ranges permitted under this chapter.

(g) The storage of common powder shall be in conformity with all provisions of the Codified Ordinances.

(h) No permit issued under this chapter shall be transferred from one gun club to another gun club.

(i) The Director of Public Safety shall have the right to make such further regulations not inconsistent herewith as he deems necessary for the proper enforcement of this chapter, and the Director shall have the right, at his discretion, to revoke any permit issued by him pursuant to the authority of this chapter. Every permit issued hereunder shall expire on

June 30 of each year and must be renewed for the ensuing year at the office of the Director.

(Ord. No. 783-A-41. Passed 10-27-41)

695.99 Penalty

Whoever violates any provision of this chapter shall be guilty of a misdemeanor and fined not less than five dollars ($5.00) nor more than two hundred dollars ($200.00) or imprisoned for not more than sixty days or both.

(Ord. No. 783-A-41. Passed 10-27-41)


Chapter 696 — Teen Clubs



Minors' curfew, CO 605.14


No person, firm, corporation, society or club, or the officers, employees or agents thereof, shall operate or solicit membership in any club, canteen or organization, whether public or private, which is principally devoted to the entertainment or recreation of persons in their teens, that is, persons between the ages of thirteen and seventeen years, inclusive, without first obtaining a license as provided in this chapter. Nothing in this section shall be deemed to apply to any teenage club, canteen or organization sponsored and supervised by a bona fide religious or school group or organization, the proceeds of which are to be expended for charitable, religious or educational purposes.

(Ord. No. 1990-67. Passed 8-29-67, eff. 9-1-67)

696.02 License Application; Fee; Approval or Disapproval

(a) Each applicant for a license required by Section 696.01 shall make an application to the Commissioner of Assessments and Licenses. The applications shall be on forms provided by the Commissioner. The application shall be filed at least sixty days prior to the effective date of the required license. The application for the license shall be accompanied by an affidavit stating that the premises to be occupied conform with existing health, safety, and fire ordinances of the City and that the proposed occupancy and use do not violate any applicable ordinance of the City. In addition to the name and address of the applicant, the application shall contain the name and address of all officers or partners of the applicant, if it is other than an individual, as well as other relevant information as the Commissioner may require.

(b) The application shall be accompanied by a fee of one hundred dollars ($100.00) which shall be used to defray the cost of processing the application.

(c) Upon the filing of the application the Commissioner shall refer it to the Director of Public Safety, who shall investigate the proposed location to determine compliance with fire regulations, and also to determine whether the applicant or any officers have been convicted for violating any law or ordinance, other than those relating to traffic violations. The

Commissioner shall also refer the application to the Director of Community Development, who shall investigate to determine compliance with all applicable building, housing, or zoning ordinances and, the Commissioner shall also refer the application to the Director of Public Health and Welfare, who shall investigate to determine compliance with all ordinances and laws relating to health and sanitation.

(d) If any of the departments in division (c) of this section disapproves the application either because of failure to comply with applicable ordinances or laws or because of past criminal convictions of the applicant or its officers, the

Commissioner shall reject the application. On approval of all the departments the Commissioner shall issue to the applicant a license subject to the limitations in Section 696.03.

(Ord. No. 2393-02. Passed 2-3-03, eff. 2-3-03)

696.03 Limitations on License

(a) A licensee shall not hold any event or permit his premises to be occupied by any teenager later than 12:00 a.m. provided that on Sunday to Thursday, the time limitation shall be 9:00 p.m.

(b) No licensee shall accept the application of any teenager for admission to any private club or canteen unless the teenager accompanies the application with the consent of his parents, signed before a Notary Public.

(Ord. No. 1521-67. Passed 7-24-67, eff. 7-26-67)

696.04 License Revocation; Suspension

The Commissioner of Assessments and Licenses, upon recommendation of the Directors of Public Safety, Community

Development or Public Health and Welfare, or upon his own initiative, may at any time revoke or suspend any license granted hereunder, for the violation of any law or ordinance relating to the operation of such licensee or for the violation of any other law or ordinance relating to the public health, safety or welfare, either by the applicant or any officer, employee or agent thereof.

(Ord. No. 1521-67. Passed 7-24-67, eff. 7-26-67)

696.99 Penalty

Whoever violates any provision of this chapter shall be guilty of a misdemeanor and shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than one year, or both.

(Ord. No. 1521-67. Passed 7-24-67, eff. 7-26-67)


Chapter 697 — Temporary Shows





Power to regulate, RC 715.48, 715.63, 3765.02

Contests or games at county fairs, RC 1711.09, 1711.11

State licensing of portable amusement devices, RC 1711.11


697.01 License Required; Fees

(a) No person or corporation, either as owner, lessee, manager, officer or agent, or in any capacity, shall give, conduct, produce, present or offer for gain or profit any circus, menageries, wild west show, dog and pony show, or other shows and exhibitions under canvas or within or under any structure intended for temporary use and capable of easy transfer and removal, without first securing from the Commissioner of Assessments and Licenses a license for that purpose and paying therefor a license fee as follows:

Seating Capacity Fee

600 or less $10.00/week

601 to 2,000 50.00/week

2,001 to 5,000 50.00/day

Over 5,000 200.00/day

(b) All moneys collected by the issuance of licenses shall be credited to the General Fund and paid into the City Treasury.

(c) Every license granted under the provisions of this section shall at all times be subject to the ordinances of the City so far as the same apply.

697.02 Trapeze Protection

Any proprietors or managers of any theater or other place of amusement, which exhibits or gives any entertainment, called or known as a trapeze performance, shall provide and use in every case of such performance, and keep properly stretched and in place, suitable netting or other like adequate protection under the performer, which shall secure the performer from personal injury in the case of accidental fall. The provisions of this section shall not apply to circuses or other shows wherein such performance is performed on apparatus which is suspended over soft earth and sawdust.

697.99 Penalty

(a) Any person or corporation who violates any of the provisions of Section 697.01 shall be deemed guilty of a misdemeanor and fined not less than ten dollars ($10.00) nor more than four hundred dollars ($400.00) for each offense.

Each and every day upon which such person or corporation gives or presents any such entertainment contrary to the provisions of Section 697.01 constitutes a separate offense.

(b) Any person being a proprietor or manager of any theater or other place of amusement, who violates the provisions of

Section 697.02, shall be fined not more than fifty dollars ($50.00).


Chapter 698 — Ticket Brokers






(a) "Ticket broker" means any person, firm or corporation engaged in conducting, managing or carrying on the business of buying, selling or otherwise dealing in tickets of admission, or any other evidence of right of entry to a theater, place of amusement or entertainment, or other place where public exhibitions, games, contests or performances are held within the City, at a price greater than the price printed on the ticket, or procuring or reserving theater or amusement admissions for a fee or compensation in addition to such box office price.

(b) "Engaged in conducting, managing or carrying on the business of ticket broker" means the sale of two or more tickets of admission or other evidence of right of entry to, or the procuring or reserving of two or more admissions to any of the places of amusement set forth in the definition of ticket brokers, within any calendar year.

(Ord. No. 2092-99. Passed 3-27-00, eff. 4-6-00)

698.011 Online Sales

This chapter shall not apply to sales of tickets of admission to the places described in Section 698.01 that are made on the internet.

(Ord. No. 957-06. Passed 6-12-06, eff. 6-16-06)


No person, firm or corporation shall engage in the business of ticket broker in the City unless licensed as provided in this chapter.

(Ord. No. 1290-A-43. Passed 10-22-45)


Application for license as ticket broker shall be filed with the Commissioner of Assessments and Licenses upon forms to be furnished by him. Such application shall contain the name and address of the applicant, and if a corporation the full and accurate corporate name, when and where incorporated, name of county where certificate has been filed and date of filing, principal place of business, full name and address of corporate officers, and if a partnership, the names and addresses of the members thereof, and if the applicant conducts business under a trade name, the full and complete trade name, and the name and address of the person or persons doing business under such trade name. Such application shall give the proposed location or locations where the business is to be carried on. The application must contain references of at least two reputable residents of the City as to the character of the applicant and such other information as the Commissioner shall prescribe.

(Ord. No. 1290-A-43. Passed 10-22-45)

698.04 Bond Required

No license shall be issued unless and until the applicant has filed with the Director of Finance a bond of one thousand dollars ($1,000) to be approved by the Director of Law as to form and surety, which bond shall be conditioned upon the faithful observance of the provisions of the ordinances of the City and laws of the State relating to the business of ticket broker or applicable thereto. Such bond shall contain a further provision that the applicant will pay all final judgments recovered against him by reason of any damage sustained on account of the violation of such ordinances or laws or because of any misrepresentation or deception which may have been practiced on the person securing such judgment by the licensee for or on account of the business so licensed. The bond shall further provide for continuing liability thereunder to the full amount thereof, notwithstanding any recovery thereon, and that the surety shall be obliged to give ten days' notice in writing to the Commissioner of Assessments and Licenses before cancellation.

(Ord. No. 1290-A-43. Passed 10-22-45)

698.05 License Issuance; Fees; Posting

Upon the posting of the bond required by Section 698.04 and payment of a fee of one hundred dollars ($100.00) per year for the first or principal location and twenty-five dollars ($25.00) per year for each additional location, the Commissioner of Assessments and Licenses shall issue a license. All such licenses shall be for the period of one year and shall expire on

August 31 next following the date of issuance and there shall be no rebate for any lesser time. Each license shall contain the name under which the business is to be conducted and the name of the person to whom issued. The license shall not be transferable and the business shall be conducted only at the location or locations specified in the license. The license shall be conspicuously exhibited upon the premises licensed thereunder.

(Ord. No. 1290-A-43. Passed 10-22-45)

698.06 Operating Regulations

The Commissioner of Assessments and Licenses, and any person or persons designated by him, and every police officer shall enforce the following regulations:

(a) There shall be conspicuously posted and at all times displayed prominently at the location licensed, a price list showing the price charged by the person, firm or corporation owning, operating or controlling the theater, place of amusement or entertainment, or the place where the public exhibition, game, contest or performance for which a ticket is being sold by such licensee, together with the price being charged by such licensee for the resale of such ticket so that all persons visiting such place may readily see the same. The licensee shall also on request, furnish each purchaser of a ticket with a receipt showing the same information.

(b) No licensee shall pay to any officer or employee of any theater or place of amusement or entertainment or other place where public exhibitions, games, contests or performances are held, or to any producer or manager or employee of any theatrical or other exhibition or theatrical company, any commission, gratuity or bonus in connection with the sale, delivery or payment of tickets or in connection with the business being done by such licensee in tickets of admission to such places.

(Ord. No. 961-08. Passed 7-2-08, eff. 7-7-08)

698.07 Misrepresentation; License Forfeiture

Any false or misleading statement made in an application for a license, or in any advertising, or orally by any officer, agent or employee of the licensee, made in furtherance of the business of the licensee, shall render the license issued to such licensee null and void and shall forfeit to the City the license fee paid in addition to the penalties otherwise provided.

(Ord. No. 1290-A-43. Passed 10-22-45)

698.08 Complaint Investigation

The Commissioner of Assessments and Licenses shall have the power, upon complaint of any resident or on his own initiative, to investigate the business, business practices and business methods of any such licensee, if in the opinion of such Commissioner such investigation is warranted. Each such licensee shall be obligated at the request of the

Commissioner to furnish such information as may be required concerning his business, business practices or business methods, and the Commissioner may put under oath and command answers to any questions pertaining to such investigation from any and all persons who may be connected in any manner with the business of the licensee for the transaction or transactions which constitute the subject of the investigation.

(Ord. No. 1290-A-43. Passed 10-22-45)

698.09 License Suspension; Revocation; Appeal

The Commissioner of Assessments and Licenses may, at any time, cite the holder of a license to appear before him and show cause why such license should neither be revoked or suspended because of failure to comply with the terms of any of the laws or ordinances relating to the business so licensed, but no order of suspension or revocation made by the

Commissioner shall become operative until the effective time for filing an appeal from such order has elapsed, and the

filing of such appeal shall further serve to stay such order until final decision is rendered by the Board of Zoning Appeals, established pursuant to Charter Section 76-6. In case of the refusal to issue a license or the revocation or suspension of a license by the Commissioner of Assessments and Licenses, the applicant or licensee may appeal from such refusal or order or revocation or suspension to the Board.

(Ord. No. 1290-A-43. Passed 10-22-45)

698.99 Penalty

Whoever violates any of the provisions of this chapter shall be guilty of a misdemeanor of the fourth degree and fined not more than two hundred and fifty dollars ($250.00), or imprisoned not more than 30 days, or both, for the first offense.

Whoever violates any of the provisions of this chapter within two years of the first conviction hereunder shall be guilty of a misdemeanor of the second degree for a second or subsequent offense and shall be fined not more than seven hundred and fifty dollars ($750.00), or imprisoned not more than 90 days, or both. Each day's violation constitutes a separate offense.

(Ord. No. 2092-99. Passed 3-27-00, eff. 4-6-00)



Chapter 698A — Outdoor Sales of Tickets of Admission to Sporting Events and Other

Events


698A.01 Outdoor Sales of Tickets of Admission to Sporting Events and Other Events

Restricted; Penalty

(a) Findings. The activities of vendors of tickets of admission to sporting events and other events in and near the Central

Business District has caused inconvenience and annoyance to persons on their way to the events or patronizing restaurants and other businesses in the vicinity of the events. At times, pedestrians encounter a gauntlet of ticket vendors employing aggressive sales tactics, or witness sidewalk turf disputes among ticket vendors that sometimes escalate to physical altercations. The time, place and manner restrictions imposed by this section are narrowly tailored to respond to this matter of public and governmental interest.

(b) Offense. No person who possesses a ticket or tickets of admission to a sporting event, theater, show or other event shall, after first being warned by a law enforcement officer to desist, sell, hawk, peddle, display for sale or solicit another to purchase the ticket or tickets outdoors within the zone identified in division (c) of this section, except the parts of the zone designated as permissive ticket sales areas, for a period of six hours before or during any event at the Cleveland State

University Convocation Center or Gateway complex or the event regardless of venue to which the ticket or tickets pertain.

(c) Ticket Zone Established. The zone referred to in division (b) of this section and the permissive ticket sales areas within the zone are shown on the map and set forth by legal description both contained in File No. 961-08-A. The Director of

Public Safety may, through the issuance of a regulation, modify the boundaries or placement of the zone or permissive ticket sales areas as set forth in the file if the Director determines that such changes are needed to advance the purposes of this legislation as stated in division (a). Any such regulation shall take effect fourteen days after its publication in the City

Record.

The Director of Public Safety may cause signs to be posted to apprise persons of the existence of the zone and permissive ticket sales areas established by this section, but the absence of signs or any deficiency of signs shall not constitute a defense to division (b) of this section provided that the offender, in accordance with division (b), has first been warned by a law enforcement officer to desist from the proscribed conduct.

(Ord. No. 961-08. Passed 7-2-08, eff. 7-7-08)

698A.99 Penalty

Whoever violates division (b) of Section 698A.01 is guilty of a minor misdemeanor on the first offense, a misdemeanor of the fourth degree on the second offense, and a misdemeanor of the second degree on the third and any subsequent offense.

(Ord. No. 961-08. Passed 7-2-08, eff. 7-7-08)



Chapter 699 — Picture Arcades and Live Viewing Booths


Note: Ordinance No. 1520-03, passed January 26, 2004, repealed Chapter 699 (Sections 699.01 through 699.18 and

699.99) and enacted Sections 237.01 through 237.09 and 237.99 relating to Adult Video Arcades and Adult Live

Entertainment Arcades.

699.01 Definitions—Repealed

(Ord. No. 1520-03. Passed 1-26-04, eff. 3-6-04)

699.02 License Required—Repealed

(Ord. No. 1520-03. Passed 1-26-04, eff. 3-6-04)

699.03 License Fee—Repealed

(Ord. No. 1520-03. Passed 1-26-04, eff. 3-6-04)

699.04 Application for License—Repealed

(Ord. No. 1520-03. Passed 1-26-04, eff. 3-6-04)

699.05 Issuance of License—Repealed

(Ord. No. 1520-03. Passed 1-26-04, eff. 3-6-04)

699.06 Renewal of License—Repealed

(Ord. No. 1520-03. Passed 1-26-04, eff. 3-6-04)

699.07 Display of License—Repealed

(Ord. No. 1520-03. Passed 1-26-04, eff. 3-6-04)

699.08 Inspection—Repealed

(Ord. No. 1520-03. Passed 1-26-04, eff. 3-6-04)

699.09 Visibility of Interiors—Repealed

(Ord. No. 1520-03. Passed 1-26-04, eff. 3-6-04)

699.10 Minimum Lighting Standards—Repealed

(Ord. No. 1520-03. Passed 1-26-04, eff. 3-6-04)

699.11 Location of Picture Arcades—Repealed

(Ord. No. 1520-03. Passed 1-26-04, eff. 3-6-04)

699.12 Minors Prohibited; When—Repealed

(Ord. No. 1520-03. Passed 1-26-04, eff. 3-6-04)

699.13 Responsibility of the Operator—Repealed

(Ord. No. 1520-03. Passed 1-26-04, eff. 3-6-04)

699.14 Nuisance—Repealed

(Ord. No. 1520-03. Passed 1-26-04, eff. 3-6-04)

699.15 Applicability of Chapter—Repealed

(Ord. No. 1520-03. Passed 1-26-04, eff. 3-6-04)

699.16 Revocation or Denial of License—Repealed

(Ord. No. 1520-03. Passed 1-26-04, eff. 3-6-04)

699.17 Appeal—Repealed

(Ord. No. 1520-03. Passed 1-26-04, eff. 3-6-04)

699.18 Severability—Repealed

(Ord. No. 1520-03. Passed 1-26-04, eff. 3-6-04)

699.99 Penalties—Repealed

(Ord. No. 1520-03. Passed 1-26-04, eff. 3-6-04)



Chapter 699A — Community Entertainment Districts


699A.01 Districts Generally

As used in this chapter and in Section 4301.80 of the Revised Code, “Community Entertainment District” means a bounded area of at least twenty (20) contiguous acres that includes or will include a combination of entertainment, retail, educational, sporting, social, cultural, or arts establishments within close proximity to some or all of the following types of establishments within the district, or other types of establishments similar to these:

(a) Hotels;

(b) Restaurants;

(c) Retail sales establishments;

(d) Enclosed shopping centers;

(e) Museums;

(f) Performing arts theaters;

(g) Motion picture theaters;

(h) Night clubs;

(i) Convention facilities;

(j) Sports facilities;

(k) Entertainment facilities or complexes; or

(l) Any combination of the establishments described in division (a)-(l) of this section that provide similar services to the community.

(Ord. No. 286-05. Passed 3-28-05, eff. 3-30-05)

699A.011 Districts Defined

Community Entertainments Districts are limited to the following defined areas of the City of Cleveland and meet all the requirements of Section 699A.01 of this chapter:

(a) Central Business District. Located within the Central Business District.

(b) Waterloo. Beginning in the centerline of East 152nd Street at its intersection with the centerline of the Lakeland

Freeway, also known as Interstate Route 90;

Thence Northerly along the centerline of East 152nd Street to its intersection with the westerly prolongation of the northerly line of sublot no. 10 in C.W. Moses Subdivision as shown by the recorded plat in Volume 11 of Maps, Page 35 of

Cuyahoga County Records;

Thence Easterly along said prolongation and along the Northerly line of sublot no. 10, to the Easterly line thereof;

Thence Southerly along said Easterly line, to its intersection with the Southeasterly line of sublot no. 16 in said subdivision;

Thence Northeasterly along said Southeasterly line and its Northeasterly prolongation, to its intersection with the centerline of Shiloh Road, N.E.;

Thence Northwesterly along the centerline of Shiloh Rd., N.E. to its intersection with the Southwesterly prolongation of the Southeasterly line of sublot no. 7 in the H.F. Ball and G.H. Prentice Subdivision as shown by the recorded plat in

Volume 31 of Maps, Page 16 of Cuyahoga County Records;

Thence Northeasterly along said Southwesterly prolongation and the Southeasterly line of said sublot no. 7, to the

Southwesterly line of sublot no. 12 in said subdivision;

Thence Northwesterly along said Southwesterly line and its Northwesterly prolongation, to the centerline of Prentice

Court, N.E.;

Thence Easterly along said centerline, to its Easterly terminus;

Thence Northwesterly along the Easterly terminus line of Prentice Court, N.E. to its intersection with the Southerly line of sublot no. 26 in Nelson Moses Subdivision as shown by the recorded plat in Volume 10 of Maps, Page 17 of Cuyahoga

County Records;

Thence Easterly along the Southerly line of said Subdivision, to its intersection with a Northwesterly line of a parcel of land conveyed to Tilton & Tilton, Inc. by deed dated November 29, 2002 and recorded as Auditor's File No.

200211290363;

Thence Northeasterly along said Northwesterly line, to its intersection with the Easterly line of sublot no. 23 in said

Nelson Moses Subdivision;

Thence Northerly along said Easterly line and the Northerly prolongation thereof to its intersection with the centerline of

Lucknow Avenue, N.E.;

Thence Northerly along the Southerly prolongation of and the Westerly line of sublot no. 3 in said Nelson Moses

Subdivision, to its intersection with the Southerly line of sublot no. 2 in said subdivision;

Thence Easterly along said Southerly line and the Easterly prolongation thereof, to its intersection with the centerline of

East 156th Street;

Thence Northerly along the centerline of East 156th Street, to its intersection with the centerline of Huntmere Avenue,

N.E. as it runs Easterly of East 156th Street;

Thence Easterly along the centerline of Huntmere Avenue, N.E., to its intersection with the Northerly prolongation of the

Westerly line of a parcel of land conveyed to Daryl C. Johnson by deed dated November 29, 2002 and recorded as

Auditor's File No. 200211290452;

Thence Southerly along said Northerly prolongation of and Westerly line, to its intersection with the Northerly line of sublot no. 1 in the Walworth Realty Company's Subdivision as shown by the recorded plat in Volume 30 of Maps, Page 23 of Cuyahoga County Records;

Thence Easterly along said Northerly line, to its intersection with the Westerly line of sublot no. 4 in said subdivision;

Thence Southerly along said Westerly line, to its intersection with the Northerly line of Fordham Court, N.E., now vacated;

Thence Easterly along said Northerly line, to its intersection with the Northerly prolongation of the Westerly line of sublot no. 5 in J.B. & M.B. Stevens Allotment as shown by the recorded plat in Volume 9 of Maps, Page 30 of Cuyahoga County

Records;

Thence Southerly along said Northerly prolongation and Westerly line and along the Southerly prolongation of said

Westerly line, to the centerline of Arcade Avenue, N.E.;

Thence Westerly along said centerline, to its intersection with the Northerly prolongation of the Westerly line of a parcel of land conveyed to William T. Pitman by deed dated November 26, 1999 and recorded as Auditor's File No.

199911260126;

Thence Southerly along said Northerly prolongation of and Westerly line, to its intersection with the Westerly line of a parcel of land conveyed to Christ the King Church of God in Christ Holiness by deed dated August 29, 1997 and recorded in Volume 97-8703, Page 36 of Cuyahoga County Records;

Thence continuing Southerly along said Church's Westerly line, to its intersection with the Westerly line of a parcel of land conveyed to Daniel Goolsby by deed dated April 30, 1999 and recorded as Auditor's File Number 199904301067;

Thence continuing Southerly along said Goolsby's Westerly line, to its intersection with the Northerly line of a parcel of land conveyed to Shawanna M. Underwoodm by deed dated November 26, 1997 and recorded in Volume 97-12310, Page

51 of Cuyahoga County Records;

Thence Westerly along said Northerly line, to its intersection with the Westerly line of said Underwoodm's parcel;

Thence Southerly along said Westerly line and its Southerly prolongation, to its intersection with the centerline of

Trafaigar Avenue, N.E.;

Thence Easterly along said centerline, to its intersection with the Northerly prolongation of the Westerly line of a parcel of land conveyed to Darnell J. Campbell by deed dated March 31, 2003 and recorded as Auditor's File No. 200303312049;

Thence Southerly along said Northerly prolongation of and Westerly line, to its intersection with Northerly line of a parcel of land conveyed to John H. Dimmian by deed dated October 21, 1993 and recorded in Volume 93-11350, Page 54 of


Thence Easterly along said Northerly line to its intersection with the Westerly line of a parcel of land conveyed to Lisa M.

Bragg by deed dated September 27, 2002 and recorded as Auditor's File No. 200209271583;

Thence Southerly along said Westerly line, to its intersection with the Southerly line of said Bragg's land;

Thence Easterly along said Southerly line, to its intersection with the Easterly line of said Bragg's land;

Thence Northerly along said Easterly line to its intersection with the Southerly line of a parcel of land conveyed to Patricia

A. Thomas by deed dated June 17, 1999 and recorded as Auditor's File No. 199906170338;

Thence Easterly along said Southerly line and along the Southerly line of a parcel of land conveyed to Elizabeth M. White by deed dated April 8, 1991 and recorded in Volume 91-11822, Page 39 of Cuyahoga County Records, and along a

Southerly line of a parcel of land conveyed to Fred L. Wesley by deed dated April 26, 1999 and recorded as Auditor's File

No. 199904261261, to a Westerly line of said Wesley's land;

Thence Southerly along said Westerly line to a Southerly line of Wesley's land;

Thence Easterly along said Southerly line and along the Southerly line of a parcel of land conveyed to Karen Spehar by deed dated August 26, 1991 and recorded in Volume 91-15436, Page 3 of Cuyahoga County Records, to its intersection with

Spehar's Easterly line;

Thence Northerly along said Easterly line, to its intersection with the centerline of Trafalgar Avenue, N.E.;

Thence Easterly along the centerline of Trafalgar Avenue, N.E., to its intersection with the Westerly line of a parcel of land conveyed to Jean Champa, Molly Kochevar, Amelia Kochevar, and Jean Korenchen by deed dated July 15, 1997 and recorded in Volume 97-6794, Page 42 of Cuyahoga County Records;

Thence Southerly along said Westerly line, to its intersection with the Southerly line of Champa, Kochevar, and

Korenchen's land;

Thence Easterly along said Southerly line and along the Southerly line of a parcel of land conveyed to Amelia Kochevar and Kenneth F. Kochevar by deed dated September 16, 1987 and recorded in Volume 87-6162, Page 17 of Cuyahoga

County Records, to its intersection with the Westerly line of a parcel of land conveyed to John N. Obat and Mary Obat by deed dated April 24, 1984 and recorded in Volume 84-1710, Page 22 of Cuyahoga County Records;

Thence Southerly along said Westerly line, to its intersection with the Southerly line of said Obat's land;

Thence Easterly along said Southerly line, to the Westerly line of a parcel of land conveyed to Ronald Suster by deed dated

April 10, 1974 and recorded in Volume 13616, Page 75 of Cuyahoga County Records;

Thence Southerly along said Westerly line, to its intersection with the Southerly line of said Suster's land;

Thence Easterly along said Southerly line, to its intersection with the Westerly line of sublot no. 274 in the Lake Shore

Land Company Subdivision as shown by the recorded plat in Volume 27 of Maps, Page 25 of Cuyahoga County records;

Thence Southerly along said Westerly line, to its intersection with the Southerly line of said sublot no. 274;

Thence Easterly along said Southerly line and its Easterly prolongation, to its intersection with the centerline of East 160th

Street;

Thence Northerly along said centerline, to its intersection with the Westerly prolongation of the Southerly line of sublot no. 269 in said subdivision;

Thence Easterly along said prolongation of and Southerly line, to its intersection with the Westerly line of sublot no. 262 in said subdivision;

Thence Southerly along said Westerly line and along the Westerly line of sublot no. 261 and its Southerly prolongation, to its intersection with the centerline of Burbank Court, N.E.;

Thence Easterly along said centerline, to its intersection with the Easterly line of East 162nd Street;

Thence continuing Easterly along the centerline of Burbank Court, N.E. as vacated by City of Cleveland Ordinance No.

2836-86, passed February 2, 1987, to its intersection with the centerline of East 163rd Street;

Thence Southerly along the centerline of East 163rd Street and its Southerly prolongation, to its intersection with the centerline of the Lakeland Freeway, also known as Interstate Route 90;

Thence Southwesterly along said centerline to its intersection with the Easterly line of the Lakeshore Land Company

Subdivision as shown by the recorded plat in Volume 28 of Maps, Page 3 of Cuyahoga County Records. Said Easterly line

now evidenced as the Southerly prolongation of the Easterly lines of sublot no. 306, Block “A”, and sublot no. 305 in said subdivision;

Thence Northerly along said Easterly line to its intersection with the Southerly line of Block “A” in said subdivision;

Thence Westerly along said Southerly line to its intersection with the Easterly line of East 160th Street;

Thence Northerly along said Easterly line to its intersection with the Easterly prolongation of the centerline of Shasta

Court, N.E.;

Thence Westerly along said centerline, to its intersection with the centerline of East 156th Street;

Thence Southerly along said centerline to its intersection with the Easterly prolongation of the Northerly line of parcel no.

1 of land conveyed to Alton C. Anderson by deed dated July 15, 1998 and recorded in Volume 98-8957, Page 20 of


Thence Westerly along said Easterly prolongation of and Northerly line, to its intersection with the Northwesterly corner of said parcel no. 1;

Thence Southwesterly along the Northwesterly line of parcel no. 2 conveyed to Alton C. Anderson as aforesaid, to its intersection with the Southwesterly line of sublot no. 111 in C.W. Moses' Subdivision as recorded in Volume 27 of Maps,

Page 12 of Cuyahoga County Records;

Thence Southeasterly along said Southwesterly line, to its intersection with the Northwesterly line of sublot no. 114 in said subdivision;

Thence Southwesterly along said Northwesterly line, and along the Northwesterly lines of sublots 118, 117, and 116 in said subdivision, to the intersection with the Westerly line of said sublot no. 116;

Thence Southerly along said Westerly line and its Southerly prolongation, to its intersection with the centerline of Calcutta

Avenue, N.E.;

Thence Westerly along said centerline, to its intersection with the Northerly prolongation of the Westerly line of a parcel of land conveyed to A to Z Real Estate Development Corporation by deed dated October 3, 2001 and recorded as Auditor's

File No. 200110030330;

Thence Southerly along said Northerly prolongation of and Westerly line, to its intersection with the Northerly line of J.

W. McClure's Subdivision as shown by the recorded plat in Volume 27 of Maps, Page 20 of Cuyahoga County Records;

Thence Westerly along said Northerly line, to its intersection with the Westerly line of sublot no. 86 in said subdivision;

Thence Southerly along said Westerly line and the Southerly prolongation thereof, to its intersection with the centerline of the Lakeland Freeway;

Thence Southwesterly along said centerline, to the place of beginning.

Containing within said bounds, an area of 25.8 acres of land, be the same more or less.

(c) Cleveland Hopkins International Airport, Cleveland Airport System, 5300 Riverside Drive, Cleveland, Ohio 44181-

0009, particularly the Main Terminal and Concourses A, B, C, and D.

(Ord. No. 897-08. Passed 8-6-08, eff. 8-12-08)

699A.02 Application Submission

Any owner of property seeking to have that property, or that property and other surrounding property, designated as a

Community Entertainment District shall file an application seeking this designation with the Mayor of the City of

Cleveland and the Director of the City Planning Commission. An application to designate an area as a Community

Entertainment District shall contain all of the following:

(a) The applicant's name and address;

(b) A map or survey of the proposed Community Entertainment District in sufficient detail to identify the boundaries of the district and the property owned by the applicant;

(c) A general statement of the nature and types of establishments described in Section 699A.01 of this chapter that are or will be located within the proposed Community Entertainment District and any other establishments located in the proposed Community Entertainment District that are not described in Section 699A.01 of this chapter;

(d) If some or all of the establishments within the proposed Community Entertainment District have not yet been developed, the proposed time frame for completing the development of these establishments;

(e) Evidence that the uses of land within the proposed Community Entertainment District are in accord with the Zoning

Code and Map of the City of Cleveland;

(f) A certificate from a surveyor or engineer licensed under Chapter 4733 of the Revised Code indicating that the area encompassed by the proposed Community Entertainment District contains no less than twenty contiguous acres; and

(g) A handling and processing fee of $5,000 to accompany the application, payable to the City of Cleveland, to cover administrative costs and legal advertisements.

(Ord. No. 1096-04. Passed 12-13-04, eff. 12-17-04)

699A.03 Application Processing

(a) Action by Mayor. Within thirty (30) days after receiving the application, the Mayor shall submit the application with the Mayor's recommendation to the City Council. The application is a public record for purposes of Section 149.43 of the

Revised Code upon its receipt by the Mayor.

(b) Public Notice by City Council. Within thirty (30) days after it receives the application and the Mayor's recommendations relating to the application, the City Council, by notice published once a week for two consecutive weeks in at least one newspaper of general circulation in the City of Cleveland, shall notify the public that the application is on file in the office of the Clerk of City Council and is available for inspection by the public during regular business hours. The notice shall also indicate the date and time of any public hearing to be conducted by Cleveland City Council.

(c) Action by City Council. Within seventy-five (75) days after the date the application is filed with the Mayor, the City

Council by ordinance or resolution shall approve or disapprove the application based on whether the proposed

Community Entertainment District does or will substantially contribute to entertainment, retail, educational, sporting, social, cultural, or arts opportunities for the community. In making its determination, the City Council shall also consider the supplemental standards established in Section 699A.04 of this chapter. Any approval of an application shall be by an affirmative majority vote of the City Council. In the event that City Council fails to act within seventy-five (75) days, the application shall be deemed to be disapproved and the application fee shall be returned to the applicant, minus advertising fees.

(d) Revision and Re-Submission. If the City Council disapproves the application, the applicant may make changes in the application to secure its approval by City Council. Any area contained in an application that is approved by the City

Council constitutes a Community Entertainment District, and a local option election may be conducted in the district, as a type of community facility, under Section 4301.356 of the Revised Code.

(Ord. No. 1096-04. Passed 12-13-04, eff. 12-17-04)

699A.04 Supplemental Standards for Designation

City Council shall not approve an application for a Community Entertainment District if any perimeter boundary of the district is within five hundred (500) feet of an elementary or secondary school, a City park or City recreation facility, or a facility whose principal use is the holding of religious services, if the Council determines that the Community

Entertainment District will adversely affect the operation of such facilities. In reviewing an application for a Community

Entertainment District, City Council shall also consider the appropriateness of the proposed district with respect to the

City of Cleveland's General Plan and other comprehensive plans adopted by the City Planning Commission, as well as with respect to the proximity and extent of residential uses, the availability of off-street parking, and crime statistics for the immediate area.

(Ord. No. 1096-04. Passed 12-13-04, eff. 12-17-04)

699A.05 Prohibited Uses

Notwithstanding any other provisions of the Codified Ordinances of the City of Cleveland, “adult entertainment uses,” as defined in Section 347.07 of the Codified Ordinances, shall be prohibited in a Community Entertainment District.

(Ord. No. 1096-04. Passed 12-13-04, eff. 12-17-04)

699A.06 Removal of Designation

All or part of an area designated as a Community Entertainment District may lose this designation as provided in Section

4301.80 of the Revised Code and by this section. The City Council, after giving notice of its proposed action by publication once a week for two consecutive weeks in at least one newspaper of general circulation in the City of Cleveland, may determine by ordinance or resolution, that all or part of the area fails to meet the standards described in Section 4301.80 of the Revised Code and in this ordinance for designation of a Community Entertainment District. If the City Council so determines, the area designated in the ordinance or resolution shall no longer constitute a Community Entertainment

District.

(Ord. No. 1096-04. Passed 12-13-04, eff. 12-17-04)

part six — offenses and business activities code

Chapter 601 — General Provisions and Penalty

601.01 Definitions

601.02 Classification of Offenses

601.03 Common Law Offenses Abrogated

601.04 Rules of Construction

601.05 Limitation of Criminal Prosecution

601.06 Requirements for Criminal Liability

601.07 Culpable Mental States

601.08 Attempt

601.09 Complicity

601.10 Organizational Criminal Liability

601.11 Personal Accountability for Organizational Conduct

601.12 Repeat and Dangerous Offenders

601.13 Considerations for Imposing Penalties

601.14 Disposition of Property Held by the Division of Police

601.15 Inspection of Vehicles for the Purpose of Locating Stolen Motor Vehicles and/or

Stolen Parts

601.99 Penalties for Misdemeanors

Chapter 601 — General Provisions and Penalty

601.01 Definitions

601.02 Classification of Offenses

601.03 Common Law Offenses Abrogated

601.04 Rules of Construction

601.05 Limitation of Criminal Prosecution

601.06 Requirements for Criminal Liability

601.07 Culpable Mental States

601.08 Attempt

601.09 Complicity

601.10 Organizational Criminal Liability

601.11 Personal Accountability for Organizational Conduct

601.12 Repeat and Dangerous Offenders

601.13 Considerations for Imposing Penalties

601.14 Disposition of Property Held by the Division of Police

601.15 Inspection of Vehicles for the Purpose of Locating Stolen Motor Vehicles and/or

Stolen Parts

601.99 Penalties for Misdemeanors

Chapter 601 — General Provisions and Penalty

601.01 Definitions

601.02 Classification of Offenses

601.03 Common Law Offenses Abrogated

601.04 Rules of Construction

601.05 Limitation of Criminal Prosecution

601.06 Requirements for Criminal Liability

601.07 Culpable Mental States

601.08 Attempt

601.09 Complicity

601.10 Organizational Criminal Liability

601.11 Personal Accountability for Organizational Conduct

601.12 Repeat and Dangerous Offenders

601.13 Considerations for Imposing Penalties

601.14 Disposition of Property Held by the Division of Police

601.15 Inspection of Vehicles for the Purpose of Locating Stolen Motor Vehicles and/or

Stolen Parts

601.99 Penalties for Misdemeanors

Chapter 604 — Vicious Dogs

604.01 Definitions

604.02 Exemptions

604.03 Control of Vicious and Dangerous Dogs

604.04 Insurance; Signs; Notification

604.05 Miscellaneous

604.99 Penalties

Chapter 605 — Disorderly Conduct and Activity

605.01 Riot

605.02 Failure to Disperse

605.03 Disorderly Conduct; Intoxication

605.031 Aggressive Solicitation

605.04 Disturbing a Lawful Meeting

605.05 Misconduct at an Emergency

605.06 Inducing Panic

605.07 Making False Alarms

605.071 Improper Use of 9-1-1 Telephone System

605.08 Criminal Activity on School Property

605.09 Unlawful Congregation

605.10 Unnecessary Noise

605.11 Misconduct Involving a Public Transportation System

605.12 Mufflers on Engines

605.13 Public Intoxication

605.14 Minor's Curfew

605.141 Children of Compulsory School Age to be in Attendance at School; Parental Duty