Complete Rules and Regulations

Section

30.01 Application of Title III
30.02 Park Commissioners
30.03 Board of Park Commissioners; employees
30.04 Bylaws, rules, and regulations
30.05 Employees
30.06 Park commission employees designated as law enforcement officers
30.07 Mutual aid contracts
30.08 Providing police service without contract

§ 30.01  APPLICATION OF TITLE III.

Title III of this code of rules and regulations is designed to include and incorporate, insofar as is practical, legislation concerning the organization, qualifications, appointment, terms of office, compensation, and the powers and duties of the officials and Board of the Five Rivers MetroParks. Pertinent sections of the Revised Code of Ohio relative to these offices and boards have been assembled and adopted as a part of this title. No material changes of the code sections referred to by annotation have been made. The purpose of including these sections is to afford easy reference to the statutory provisions.

(Prior Code, §30.01)

§ 30.02  PARK COMMISSIONERS.

(A)  Appointment. Upon the creation of a park district, the probate judge shall appoint three Commissioners who shall take office immediately and whose terms shall expire one, two, and three years, respectively, from the first day of January next after the date of their appointment. Thereafter, their successors shall be appointed by the probate judge for terms of three years.

(B)  Oath. Before entering upon the performance of the duties of the office, each Commissioner shall take an oath to perform faithfully the duties of the office and, except as otherwise provided in R.C. ‘ 3.061, shall give bond for that faithful performance in the sum of $5,000. The bond shall be approved by and filed with the County Auditor.

(C)  Compensation. The Commissioners shall serve without compensation, but shall be allowed their actual and necessary expenses incurred in the performance of their duties.

(D)  Membership. Any Board of Park Commissioners of a park district may elect to expand the membership of the Board from three members to five members upon a majority vote of the Board. Upon such a vote, the Board shall certify to the probate judge a resolution requesting the judge to appoint two additional members to the Board. The probate judge shall appoint those additional members, and they shall take office immediately upon their appointment. One member shall be appointed to a term that expires on the first day of January of the year following the year of that member’s appointment, and one member shall be appointed to a term that expires on the first day of January of the second year following the year of that member’s appointment. Thereafter, their successors shall be appointed by the probate judge for terms of three years.

(R.C. §1545.05)  (Prior Code, §30.02)

§ 30.03  BOARD OF PARK COMMISSIONERS; EMPLOYEES.

The Commissioners appointed in accordance with R.C. §1545.05 or pursuant to R.C. §1545.041 shall constitute the Board of Park Commissioners of the park district. Such Board shall be a body politic and corporate, and may sue and be sued as provided in R.C. ‘§1545.01 to 1545.28. Such Board may employ a secretary and such other employees as are necessary in the performance of the powers conferred in such sections. The Board may appoint a treasurer to act as custodian of the Board’s funds and as fiscal officer for the park district. For the purposes of acquiring, planning, developing, protecting, maintaining, or improving lands and facilities thereon under R.C. §1545.11, and for other types of assistance which it finds necessary in carrying out its duties under R.C. Chapter 1545, the Board may hire and contract for professional, technical, consulting, and other special services, including, in accordance with R.C. ‘ 309.09(D), the legal services of the prosecuting attorney of the county in which the park district is located, and may purchase goods. In procuring any goods with a cost in excess of $50,000, the Board shall contract as a contracting authority under R.C. ‘§307.86 to 307.91, to the same extent and with the same limitations as a board of county commissioners. In procuring services, the Board shall contract in the manner and under procedures established by the bylaws of the board as required in R.C. §1545.09.

(R.C. §1545.07)  (Prior Code, §30.03)

§ 30.04  BYLAWS, RULES, AND REGULATIONS.

(A)  The Board of Park Commissioners shall adopt such bylaws and rules as the Board considers advisable for the preservation of good order within and adjacent to parks and reservations of land, and for the protection and preservation of the parks, parkways, and other reservations of land under its jurisdiction and control and of property and natural life therein. The Board shall also adopt bylaws or rules establishing a procedure for contracting for professional, technical, consulting, and other special services. Any competitive bidding procedures of the Board do not apply to the purchase of benefits for park district officers or employees when such benefits are provided through a health and welfare trust fund administered through or in conjunction with a collective bargaining representative of the park district employees, as authorized in R.C. §1545.071. Summaries of the bylaws and rules shall be published as provided in the case of ordinances of municipal corporations under R.C. ‘ 731.21 before taking effect.

(B)  (1)   As used in division (B)(2) below, SIMILAR VIOLATION UNDER STATE LAW means a violation of any section of the Ohio Revised Code, other than division (C) below, that is similar to a violation of a bylaw or rule adopted under division (A) above.

(2)   The Board of Park Commissioners may adopt by bylaw a penalty for a violation of any bylaw or rule adopted under division (A) above, and any penalty so adopted shall not exceed in severity whichever of the following is applicable:

(a)   The penalty designated under the Ohio Revised Code for a violation of the state law that is similar to the bylaw or rule for which the Board adopted the penalty; and

(b)   For a violation of a bylaw or rule adopted under division (A) above for which the similar violation under state law does not bear a penalty or for which there is no similar violation under state law, a fine of not more than $150 for a first offense and not more than $1,000 for each subsequent offense.

(3)   A summary of any bylaw adopted under division (B)(2) above shall be published as provided in the case of ordinances of municipal corporations under R.C. §731.21 before taking effect.

(C)  No person shall violate any bylaws or rules adopted under division (A) above. All fines collected for any violation of this section shall be paid into the treasury of such Park Board.

(Prior Code, §30.04)

§ 30.05  EMPLOYEES.

(A)  The Board of Commissioners may employ a secretary and such other employees as are necessary in the performance of the powers conferred upon the Board.

(R.C. §1545.07)

(B)  (1)   Acts of employees of MetroParks, to the extent necessary for the performance of their authorized duties, shall be exempt from the provisions of these Rules and Regulations.

(2)   Acts of employees of the Miami Conservancy District on land leased by MetroParks from the Miami Conservancy District, or of employees of the City of Dayton on land leased from or managed in conjunction with the City of Dayton, to the extent necessary for the performance of their authorized duties, shall be exempt from the provisions of these Rules and Regulations.

(3)   The Chief Executive Officer may, from time to time, designate a MetroParks employee, employees, or other person to exercise any authority permitted him or her under these Rules and Regulations.

(Prior Code, §30.05)  (Rules and Regs. §19)

§ 30.06  PARK COMMISSION EMPLOYEES DESIGNATED AS LAW ENFORCEMENT OFFICERS.

(A)  As used in this section, FELONY has the same meaning as in R.C. §109.511.

(B)  The employees that the Board of Park Commissioners designates for that purpose may exercise all the powers of police officers within and adjacent to the lands under the jurisdiction and control of the Board or when acting as authorized by R.C. ‘§1545.131 or 1545.132. Before exercising the powers of police officers, the designated employees shall comply with the certification requirement established in R.C. §109.77, take an oath, and give a bond to the state in the sum that the board prescribes, for the proper performance of their duties in that respect. This division is subject to division (C) below.

(C)  (1)   The Board of Park Commissioners shall not designate an employee as provided in division (B) above on a permanent basis, on a temporary basis, for a probationary term, or on other than a permanent basis if the employee previously has been convicted of or has pleaded guilty to a felony.

(2)   (a)   The Board of Park Commissioners shall terminate the employment of an employee designated as provided in division (B) above if the employee does either of the following:

1. Pleads guilty to a felony; and

1. Pleads guilty to a misdemeanor pursuant to a negotiated plea agreement as provided in R.C. §2929.43(D) in which the employee agrees to surrender the certificate awarded to the employee under R.C. §109.77.

(b)   The Board shall suspend from employment an employee designated as provided in division (B) above if the employee is convicted, after trial, of a felony. If the employee files an appeal from that conviction and the conviction is upheld by the highest court to which the appeal is taken or if the employee does not file a timely appeal, the Board shall terminate the employment of that employee. If the employee files an appeal that results in the employee’s acquittal of the felony or conviction of a misdemeanor, or in the dismissal of the felony charge against the employee, the Board shall reinstate that employee. An employee who is reinstated under this division (C)(2)(b) shall not receive any back pay unless that employee’s conviction of the felony was reversed on appeal, or the felony charge was dismissed, because the court found insufficient evidence to convict the employee of the felony.

(3)   This division (C) does not apply regarding an offense that was committed prior to January 1, 1995.

(4)   The suspension from employment, or the termination of the employment, of an employee under division (C)(2) above shall be in accordance with R.C. Chapter 119.

(R.C. §1545.13)  (Prior Code, §30.06)

§ 30.07  MUTUAL AID CONTRACTS.

(A)  The Board of Park Commissioners of a park district may enter into contracts with one or more townships, township police districts, joint police districts, municipal corporations, or county sheriffs of this state, with one or more township park districts created pursuant to R.C. §511.18 or other park districts, with one or more state universities or colleges, as defined in R.C. §3345.12, or with a contiguous political subdivision of an adjoining state, and a township, township police district, joint police district, municipal corporation, county sheriff, township park district, other park district, or state university or college may enter into a contract with a park district upon any terms that are agreed to by them, to allow the use of the park district police or law enforcement officers designated under R.C. ‘ 1545.13 to perform any police function, exercise any police power, or render any police service on behalf of the contracting entity that the entity may perform, exercise, or render.

(B)  Chapter 2744 of the Revised Code, insofar as it applies to the operation of police departments, applies to the contracting entities and to the members of the police force or law enforcement department when they are rendering service outside their own subdivisions pursuant to that contract.

(C)  Members of the police force or law enforcement department acting outside the political subdivision in which they are employed, pursuant to that contract, shall be entitled to participate in any indemnity fund established by their employer to the same extent as while acting within the employing subdivision. Those members shall be entitled to all the rights and benefits of R.C. Chapter 4123, to the same extent as while performing service within the subdivision.

(D)  The contracts entered into pursuant to this section may provide for the following:

(1)   A fixed annual charge to be paid at the times agreed upon and stipulated in the contract;

(2)   Compensation based upon the following:

(a)   A stipulated price for each call or emergency;

(b)   The number of members or pieces of equipment employed; and

(c)   The elapsed time of service required in each call or emergency.

(3)   Compensation for loss or damage to equipment while engaged in rendering police services outside the limits of the subdivision that owns and furnishes the equipment; and

(4)   Reimbursement of the subdivision in which the police force or law enforcement department members are employed for any indemnity award or premium contribution assessed against the employing subdivision for workers’ compensation benefits for injuries or death of its police force or law enforcement department members occurring while engaged in rendering police services pursuant to the contract.

(R.C. §1545.131)  (Prior Code, §30.07)

§ 30.08  PROVIDING POLICE SERVICE WITHOUT CONTRACT.

(A)  The police force or law enforcement department of any park district may provide police protection to any county, municipal corporation, township, township police district, or joint police district of this state, to any other park district or any township park district created pursuant to R.C. ‘ 511.18, or to a governmental entity of an adjoining state without a contract to provide police protection, upon the approval, by resolution, of the Board of Park Commissioners of the park district in which the police force or law enforcement department is located and upon authorization by an officer or employee of the police force or department providing the police protection who is designated by title of office or position, pursuant to the resolution of the Board of Park Commissioners, to give the authorization.

(B)  Chapter 2744 of the Revised Code, insofar as it applies to the operation of police departments, shall apply to any park district and to members of its police force or law enforcement department when those members are rendering police services pursuant to this section outside the park district by which they are employed.

(C)  Police force or law enforcement department members acting, as provided in this section, outside the park district by which they are employed shall be entitled to participate in any pension or indemnity fund established by their employer to the same extent as while acting within the park district by which they are employed. Those members shall be entitled to all rights and benefits of R.C. Chapter 4123 to the same extent as while performing services within the park district by which they are employed.

(R.C. §1545.132)  (Prior Code, §30.08)

Section

70.01 Definitions
70.02 Compliance with state law
70.03 Purposes of way
70.04 Impounding vehicles in violation
70.05 Testing, washing, or repairing vehicles in parks

70.99 Penalty

Statutory reference:

Local traffic regulations, scope and authority, see R.C. § 4511.07

Notice of arrest of certain commercial drivers, see R.C. § 5577.14

Traffic law photo-monitoring devices, state regulations, see R.C. § 4511.092 et seq.

Uniform application and precedence of state traffic laws, see R.C. § 4511.06

§ 70.01  DEFINITIONS.

Except as otherwise provided, the definitions set forth in R.C. ‘ 4501.01 shall apply to this Title and the penal laws of the municipality. For the purpose of this Title, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AGRICULTURAL TRACTOR. Every self-propelled vehicle designed or used for drawing other vehicles or wheeled machinery, but having no provision for carrying loads independently of such other vehicles, and used principally for agricultural purposes.

ALLEY. A street or highway intended to provide access to the rear or side of lots or buildings in urban districts, and not intended for the purpose of through vehicular traffic, and any street or highway that has been declared an Aalley@ by the Legislative Authority of the municipality in which the street or highway is located.

ARTERIAL STREET. Any United States or state numbered route, controlled-access highway, or other major radial or circumferential street or highway designated by local authorities within their respective jurisdictions as part of a major arterial system of streets or highways.

BEACON. A highway traffic signal with one or more signal sections that operate in a flashing mode.

BICYCLE. Every device, other than a device that is designed solely for use as a play vehicle by a child, that is propelled solely by human-power upon which a person may ride, and that has two or more wheels, any of which is more than 14 inches in diameter.

BUS. Every motor vehicle designed for carrying more than nine passengers, and used for the transportation of persons other than in a ridesharing arrangement, and every motor vehicle, automobile for hire, or funeral car, other than a taxicab or motor vehicle used in a ridesharing arrangement, designed and used for the transportation of persons for compensation.

BUSINESS DISTRICT. The territory fronting upon a street or highway, including the street or highway, between successive intersections within the municipality, where 50% or more of the frontage between successive intersections is occupied by buildings in use for business, or within or outside the municipality where 50% or more of the frontage for a distance of 300 feet or more is occupied by buildings in use for business, and the character of the territory is indicated by official traffic-control devices.

CHAUFFEURED LIMOUSINE. A motor vehicle that is designed to carry nine or fewer passengers and is operated for hire pursuant to a prearranged contract for the transportation of passengers on public roads and highways along a route under the control of the person hiring the vehicle and not over a defined and regular route. APrearranged contract@ means an agreement, made in advance of boarding, to provide transportation from a specific location in an chauffeured limousine. The term does not include any vehicle that is used exclusively in the business of funeral directing. (R.C. ‘ 4501.01(LL))

CHILD DAY-CARE CENTER. Has the same meaning as set forth in R.C. ‘ 5104.01.

COMMERCIAL TRACTOR. Every motor vehicle having motive power designed or used for drawing other vehicles, and not so constructed as to carry any load thereon, or designed or used for drawing other vehicles while carrying a portion of the other vehicles, or the load thereon, or both.

CONTROLLED-ACCESS HIGHWAY. Every street or highway in respect to which owners or occupants of abutting lands and other persons have no legal right or access to or from the same except at certain points only and in a manner as may be determined by the public authority having jurisdiction over the street or highway.

CROSSWALK.

(1)   That part of a roadway at intersections ordinarily included within the real or projected prolongation of property lines and curb lines or, in the absence of curbs, the edges of the traversable roadway;

(2)   Any portion of a roadway at an intersection or elsewhere, distinctly indicated for pedestrian crossing by lines or other markings on the surface;

(3)   Notwithstanding the foregoing provisions of this definition, there shall not be a crosswalk where the Legislative Authority has placed signs indicating no crossing.

DRIVER. Any person who drives or is in actual physical control of a vehicle.

ELECTRIC BICYCLE. Means a Aclass 1 electric bicycle@, a Aclass 2 electric bicycle@, or a Aclass 3 electric bicycle@ as defined below.

(1)   CLASS 1 ELECTRIC BICYCLE. Means a bicycle that is equipped with fully operable pedals and an electric motor of less than 750 watts that provides assistance only when the rider is pedaling and ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour.

(2)   CLASS 2 ELECTRIC BICYCLE. Means a bicycle that is equipped with fully operable pedals and an electric motor of less than 750 watts that may provide assistance regardless of whether the rider is pedaling and is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour.

(3)   CLASS 3 ELECTRIC BICYCLE. Means a bicycle that is equipped with fully operable pedals and an electric motor of less than 750 watts that provides assistance only when the rider is pedaling and ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour.

EMERGENCY VEHICLE. Emergency vehicles of municipal, township or county departments or public utility corporations, when identified as such as required by law, the Director of Public Safety, or local authorities, and motor vehicles when commandeered by a police officer.

EXPLOSIVES. Any chemical compound or mechanical mixture that is intended for the purpose of producing an explosion that contains any oxidizing and combustible units or other ingredients in such proportions, quantities, or packing that an ignition by fire, by friction, by concussion, by percussion, or by a detonator of any part of the compound or mixture may cause a sudden generation of highly heated gases, such that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects, or of destroying life or limb. Manufactured articles shall not be held to be explosives when the individual units contain explosives in limited quantities of such nature or in such packing that it is impossible to procure a simultaneous or a destructive explosion of the units, to the injury of life, limb, or property by fire, friction, concussion, percussion, or by a detonator, such as fixed ammunition for small arms, firecrackers, or safety fuse matches.

EXPRESSWAY. A divided arterial highway for through traffic with full or partial control of access with an excess of 50% of all crossroads separated in grade.

FLAMMABLE LIQUID. Any liquid which has a flash point of 70°F or less, as determined by a tagliabue or equivalent closed cup test device.

FREEWAY. A divided multi-lane highway for through traffic with crossroads separated in grade and with full control of access.

FUNERAL ESCORT VEHICLE. Any motor vehicle, including a funeral hearse, while used to facilitate the movement of a funeral procession.

GROSS WEIGHT. The weight of a vehicle plus the weight of any load thereon.

HIGHWAY. The entire width between the boundary lines of every way open to the use of the public as a thoroughfare for purposes of vehicular travel.

HIGHWAY MAINTENANCE VEHICLE. A vehicle used in snow and ice removal or road surface maintenance, including a snow plow, traffic line striper, road sweeper, mowing machine, asphalt distributing vehicle, or other such vehicle designed for use in specific highway maintenance activities.

HIGHWAY TRAFFIC SIGNAL. A power-operated traffic control device by which traffic is warned or directed to take some specific action. The term does not include a power-operated sign, steadily illuminated pavement marker, warning light, or steady burning electric lamp.

HYBRID BEACON. A type of beacon that is intentionally placed in a dark mode between periods of operation where no indications are displayed and, when in operation, displays both steady and flashing traffic control signal indications.

INTERSECTION.

(1)   The area embraced within the prolongation or connection of the lateral curb lines, or, if none, the lateral boundary lines of the roadways of two highways that join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways that join at any other angle might come into conflict. The junction of an alley or driveway with a roadway or highway does not constitute an intersection unless the roadway or highway at the junction is controlled by a traffic control device.

(2)   If a highway includes two roadways that are 30 feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway constitutes a separate intersection. If both intersecting highways include two roadways 30 feet or more apart, then every crossing of any two roadways of such highways constitutes a separate intersection.

(3)   At a location controlled by a traffic control signal, regardless of the distance between the separate intersections as described in division (2) of this definition:

(a)   If a stop line, yield line, or crosswalk has not been designated on the roadway within the median between the separate intersections, the two intersections and the roadway and median constitute one intersection.

(b)   Where a stop line, yield line, or crosswalk line is designated on the roadway on the intersection approach, the area within the crosswalk and any area beyond the designated stop line or yield line constitute part of the intersection.

(c)   Where a crosswalk is designated on a roadway on the departure from the intersection, the intersection includes the area that extends to the far side of the crosswalk.

LANED HIGHWAY. A highway the roadway of which is divided into two or more clearly marked lanes for vehicular traffic.

LOCAL AUTHORITIES. Every county, municipal, and other local board or body having authority to adopt police regulations under the Constitution and laws of this state.

LOW‑SPEED MICROMOBILITY DEVICE. Means a device weighing less than 100 pounds that has handlebars, is propelled by an electric motor or human-power, and has an attainable speed on a paved level surface of not more than 20 miles per hour when propelled by the electric motor.

MEDIAN. The area between two roadways of a divided highway, measured from edge of traveled way to edge of traveled way, but excluding turn lanes. The width of a median may be different between intersections, between interchanges, and at opposite approaches of the same intersection.

MOTOR VEHICLE. Every vehicle propelled or drawn by power other than muscular power or power collected from overhead electric trolley wires, except motorized bicycles, electric bicycles, road rollers, traction engines, power shovels, power cranes and other equipment used in construction work, and not designed for or employed in general highway transportation, hole-digging machinery, well‑drilling machinery, ditch-digging machinery, farm machinery, and trailers designed and used exclusively to transport a boat between a place of storage and a marina, or in and around a marina, when drawn or towed on a street or highway for a distance of no more than ten miles and at a speed of 25 miles per hour or less.

MOTORCYCLE. Every motor vehicle, other than a tractor, having a seat or saddle for the use of the operator and designed to travel on not more than three wheels in contact with the ground, including but not limited to motor vehicles known as Amotor-driven cycle@, Amotor scooter@, Aautocycle@, Acab‑enclosed motorcycle@, or Amotorcycle@ without regard to weight or brake horsepower.

MOTORIZED BICYCLE or MOPED. Any vehicle having either two tandem wheels or one wheel in the front and two wheels in the rear, that may be pedaled, and that is equipped with a helper motor of not more than 50 cubic centimeters piston displacement that produces not more than one brake horsepower and is capable of propelling the vehicle at a speed of not greater than 20 miles per hour on a level surface. The terms do not include an electric bicycle.

MOTORIZED WHEELCHAIR. Any self-propelled vehicle designed for, and used by, a person with a disability and that is incapable of a speed in excess of eight miles per hour.

MULTI-WHEEL AGRICULTURAL TRACTOR. A type of agricultural tractor that has two or more wheels or tires on each side of one axle at the rear of the tractor, is designed or used for drawing other vehicles or wheeled machinery, has no provision for carrying loads independently of the drawn vehicles or machinery, and is used principally for agricultural purposes.

OPERATE. To cause or have caused movement of a vehicle.

OPERATOR. Any person who drives or is in actual physical control of a vehicle.

PARKED or PARKING. The standing of a vehicle upon a street, road, alley, highway or public ground, whether accompanied or unaccompanied by a driver, but does not include the temporary standing of a vehicle for the purpose of and while actually engaged in loading or loading merchandise or passengers.

PEDESTRIAN. Any natural person afoot. The term includes a personal delivery device as defined in R.C. ‘ 4511.513 unless the context clearly suggests otherwise.

PERSON. Every natural person, firm, partnership, association or corporation.

POLE TRAILER. Every trailer or semitrailer attached to the towing vehicle by means of a reach, pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregular shaped loads such as poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connections.

POLICE OFFICER. Every officer authorized to direct or regulate traffic, or to make arrests for violations of traffic regulations.

PREDICATE MOTOR VEHICLE OR TRAFFIC OFFENSE. Any of the following:

(1)   A violation of R.C. ‘ 4511.03, 4511.051, 4511.12, 4511.132, 4511.16, 4511.20, 4511.201, 4511.21, 4511.211, 4511.213, 4511.22, 4511.23, 4511.25, 4511.26, 4511.27, 4511.28, 4511.29, 4511.30, 4511.31, 4511.32, 4511.33, 4511.34, 4511.35, 4511.36, 4511.37, 4511.38, 4511.39, 4511.40, 4511.41, 4511.42, 4511.43, 4511.431, 4511.432, 4511.44, 4511.441, 4511.451, 4511.452, 4511.46, 4511.47, 4511.48, 4511.481, 4511.49, 4511.50, 4511.511, 4511.53, 4511.54, 4511.55, 4511.56, 4511.57, 4511.58, 4511.59, 4511.60, 4511.61, 4511.64, 4511.66, 4511.661, 4511.68, 4511.70, 4511.701, 4511.71, 4511.711, 4511.712, 4511.713, 4511.72, 4511.73, 4511.763, 4511.771, 4511.78, or 4511.84;

(2)   A violation of R.C. ‘ 4511.17(A)(2), 4511.51(A) through (D), or 4511.74(A);

(3)   A violation of any provision of R.C. ” 4511.01 through 4511.76 for which no penalty otherwise is provided in the section that contains the provision violated;

(4)   A violation of R.C. ‘ 4511.214;

(5)   A violation of a municipal ordinance that is substantially equivalent to any section or provision set forth or described in division (1), (2), (3), or (4) of this definition.

PRIVATE ROAD OPEN TO PUBLIC TRAVEL. A private toll road or road, including any adjacent sidewalks that generally run parallel to the road, within a shopping center, airport, sports arena, or other similar business or recreation facility that is privately owned but where the public is allowed to travel without access restrictions. The term includes a gated toll road but does not include a road within a private gated property where access is restricted at all times, a parking area, a driving aisle within a parking area, or a private grade crossing.

PRIVATE ROAD OR DRIVEWAY. Every way or place in private ownership used for vehicular travel by the owner, and those having express or implied permission from the owner, but not by other persons.

PUBLIC SAFETY VEHICLE. Any of the following:

(1)   Ambulances, including private ambulance companies under contract to a municipality, township, or county, and private ambulances and nontransport vehicles bearing license plates issued under R.C. ‘ 4503.49;

(2)   Motor vehicles used by public law enforcement officers or other persons sworn to enforce the criminal and traffic laws of the state;

(3)   Any motor vehicle when properly identified as required by the Director of Public Safety, when used in response to fire emergency calls or to provide emergency medical service to ill or injured persons, and when operated by a duly qualified person who is a member of a volunteer rescue service or a volunteer fire department, and who is on duty pursuant to the rules or directives of that service. The State Fire Marshal shall be designated by the Director of Public Safety as the certifying agency for all public safety vehicles described herein;

(4)   Vehicles used by fire departments, including motor vehicles when used by volunteer firefighters responding to emergency calls in the fire department service when identified as required by the Director of Public Safety;

(5)   Any vehicle used to transport or provide emergency medical service to an ill or injured person, when certified as a public safety vehicle, shall be considered such a vehicle when transporting an ill or injured person to a hospital, regardless of whether such vehicle has already passed a hospital;

(6)   Vehicles used by the Motor Carrier Enforcement Unit for the enforcement of orders and rules of the Public Utilities Commission as specified in R.C. ‘ 5503.34.

RAILROAD. A carrier of persons or property operating upon rails placed principally on a private right-of-way.

RAILROAD SIGN OR SIGNAL. Any sign, signal, or device erected by authority of a public body or official or by a railroad, and intended to give notice of the presence of railroad tracks or the approach of a railroad train.

RAILROAD TRAIN. A steam engine or an electric or other motor, with or without cars coupled thereto, operated by a railroad.

RESIDENCE DISTRICT. The territory, not comprising a business district, fronting on a street or highway, including the street or highway, where, for a distance of 300 feet or more, the frontage is improved with residences or residences and buildings in use for business.

RIDESHARING ARRANGEMENT. Includes the transportation of persons in a motor vehicle where the transportation is incidental to another purpose of a volunteer driver, and includes arrangements known as carpools, vanpools, and buspools.

RIGHT-OF-WAY. Either of the following, as the context requires:

(1)   The right of a vehicle or pedestrian to proceed uninterruptedly in a lawful manner in the direction in which it, he or she is moving, in preference to another vehicle or pedestrian approaching from a different direction into its, his or her path;

(2)   A general term denoting land, property, or the interest therein, usually in the configuration of a strip, acquired for or devoted to transportation purposes. When used in this context, Aright-of-way@ includes the roadway, shoulders or berm, ditch, and slopes extending to the right-of-way limits under the control of the state or local authority.

ROAD SERVICE VEHICLE. Wreckers, utility repair vehicles, and state, county, and municipal service vehicles equipped with visual signals by means of flashing, rotating, or oscillating lights.

ROADWAY. The portion of a highway improved, designed, or ordinarily used for vehicular travel, except the berm or shoulder. If a highway includes two or more separate roadways, the term means any roadway separately, but not all the roadways collectively.

RURAL MAIL DELIVERY VEHICLE. Every vehicle used to deliver United States mail on a rural mail delivery route.

SAFETY ZONE. The area or space officially set apart within a roadway for the exclusive use of pedestrians, and protected or marked or indicated by adequate signs so as to be plainly visible at all times.

SCHOOL BUS. Every bus designed for carrying more than nine passengers which is owned by a public, private, or governmental agency or institution of learning, and operated for the transportation of children to or from a school session or a school function, or owned by a private person and operated for compensation for the transportation of children to or from a school session or a school function; provided the term does not include a bus operated by a municipally owned transportation system, a mass transit company operating exclusively within the territorial limits of a municipality, or within such limits and the territorial limits of municipalities immediately contiguous to the municipality, nor a common passenger carrier certified by the Public Utilities Commission unless the bus is devoted exclusively to the transportation of children to and from a school session or a school function, and the term does not include a van or bus used by a licensed child day-care center or Type A Family Day-Care Home to transport children from the child day-care center or Type A Family Day-Care Home to a school if the van or bus does not have more than 15 children in the van or bus at any time.

SCOOTER. A foot‑powered vehicle consisting of a platform mounted between two wheels with an upright handle attached to the front wheel or platform.

(Rules and Regs. §2)

SEMITRAILER. Every vehicle designed or used for carrying persons or property with another and separate motor vehicle so that in operation a part of its own weight or that of its load, or both, rests upon and is carried by another vehicle.

SHARED-USE PATH. A bikeway outside the traveled way and physically separated from motorized vehicular traffic by an open space or barrier and either within the highway right-of-way or within an independent alignment. A shared-use path also may be used by pedestrians, including skaters, joggers, users of manual and motorized wheelchairs, and other authorized motorized and non-motorized users. A SHARED-USE PATH does not include any trail that is intended to be used primarily for mountain biking, hiking, equestrian use, or other similar uses, or any other single track or natural surface trail that has historically been reserved for non-motorized use.

SIDEWALK. That portion of a street between the curb lines, or the lateral line of a roadway, and the adjacent property lines, intended for the use of pedestrians.

SKATEBOARD. A narrow board, about two feet long, mounted on rollerskate wheels, propelled solely by human power upon which any person may ride.

(Rules and Regs. §2)

STANDING. When prohibited, means any halting of a vehicle, even momentarily, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control device.

STATE HIGHWAY. A highway under the jurisdiction of the Department of Transportation, outside the limits of municipalities, provided that the authority conferred upon the Director of Transportation in R.C. ‘ 5511.01 to erect state highway route markers and signs directing traffic shall not be modified by R.C. ” 4511.01 through 4511.79 and 4511.99.

STATE ROUTE. Every highway which is designated with an official state route number and so marked.

STOP. When required, means a complete cessation of movement.

STOP INTERSECTION. Any intersection at one or more entrances of which stop signs are erected.

STOPPING. When prohibited, means any halting of a vehicle, even momentarily, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control device.

STREET. The entire width between the boundary lines of every way open to the use of the public as a thoroughfare for purposes of vehicular travel.

THROUGH HIGHWAY. Every street or highway as provided in R.C. ‘ 4511.65, or a substantially equivalent municipal ordinance.

THRUWAY. A through highway whose entire roadway is reserved for through traffic and on which roadway parking is prohibited.

TRAFFIC. Pedestrians, ridden or herded animals, vehicles, streetcars, and other devices, either singly or together, while using for purposes of travel any highway or private road open to public travel.

TRAFFIC CONTROL DEVICE. A flagger, sign, signal, marking, or other device used to regulate, warn, or guide traffic, placed on, over, or adjacent to a street, highway, private road open to public travel, pedestrian facility, or shared-use path by authority of a public agency or official having jurisdiction, or, in the case of a private road open to public travel, by authority of the private owner or private official having jurisdiction.

TRAFFIC CONTROL SIGNAL. Any highway traffic signal by which traffic is alternately directed to stop and permitted to proceed.

TRAILER. Every vehicle designed or used for carrying persons or property wholly on its own structure, and for being drawn by a motor vehicle, including any vehicle when formed by or operated as a combination of a semitrailer and a vehicle of the dolly type, such as that commonly known as a trailer dolly, a vehicle used to transport agricultural produce or agricultural production materials between a local place of storage or supply and the farm when drawn or towed on a street or highway at a speed greater than 25 miles per hour and a vehicle designed and used exclusively to transport a boat between a place of storage and a marina, or in and around a marina, when drawn or towed on a street or highway for a distance of more than ten miles or at a speed of more than 25 miles per hour.

TRUCK. Every motor vehicle, except trailers and semitrailers, designed and used to carry property.

TYPE A FAMILY DAY-CARE HOME. Has the same meaning as set forth in R.C. ‘ 5104.01.

URBAN DISTRICT. The territory contiguous to and including any street or highway which is built up with structures devoted to business, industry, or dwelling houses situated at intervals of less than 100 feet for a distance of one-quarter of a mile or more, and the character of the territory is indicated by official traffic-control devices.

VEHICLE. Every device, including a motorized bicycle and an electric bicycle, in, upon, or by which any person or property may be transported or drawn upon a highway, except that the term does not include any motorized wheelchair, any electric personal assistive mobility device, any low-speed micromobility device, any personal delivery device as defined in R.C. ‘ 4511.513, any device that is moved by power collected from overhead electric trolley wires or that is used exclusively upon stationary rails or tracks, or any device, other than a bicycle, that is moved by human-power.

WASTE COLLECTION VEHICLE. A vehicle used in the collection of garbage, refuse, trash, or recyclable materials.

(R.C. §4511.01)

(Prior Code, §70.01)

§ 70.02  COMPLIANCE WITH STATE LAW.

All motor vehicles and operators shall comply with the requirements of all sections of the Ohio Revised Code pertaining to motor vehicles and operators while using Five Rivers MetroParks roads.

(Prior Code, §70.02)  (Rules and Regs. §16.1)

§ 70.03  PURPOSES OF WAY.

No person shall use any portion of a park for purposes of way, except drives, roadways, walks, and trails established for such purposes. Trails established as horse trails, foot trails, bicycle trails, or multipurpose trails shall not be used for motor vehicular traffic.

(Prior Code, §70.03)  (Rules and Regs. §16.2)

§ 70.04  IMPOUNDING VEHICLES IN VIOLATION.

Vehicles in parks in violation of these Rules and Regulations shall be removed, or caused to be removed, by police officers to a location in or outside of a park, where the same may be kept until owners or their authorized representative obtain an order from the Chief Executive Officer, or his or her agents, releasing such vehicles to the owners thereof or their authorized representatives.

(Prior Code, §70.04)  (Rules and Regs. §16.10)

§ 70.05  TESTING, WASHING, OR REPAIRING VEHICLES IN PARKS.

No person shall test, repair, wash, or wax any vehicle or mechanical device within the parks.

(Prior Code, §70.05)

§ 70.99  PENALTY.

(A)  Generally. Pursuant to R.C. §1545.99, any person who violates any provision of this traffic code where no specific penalty is otherwise provided shall be fined not more than $150 for a first offense; for each subsequent offense, such person shall be fined not more than $1,000.

(Rules and Regs. §22)

(B)  State law penalty. Whoever violates any provision of this traffic code for which no penalty otherwise is provided in the section violated is guilty of one of the following:

(1)   Except as otherwise provided in division (B)(2) or (B)(3) of this section, a minor misdemeanor;

(2)   If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, a misdemeanor of the fourth degree;

(3)   If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to two or more predicate motor vehicle or traffic offenses, a misdemeanor of the third degree.

(R.C. §4511.99)

(C)  Violations committed while distracted.

(1)   As used in this section and each section referenced in division (C)(2) of this section, all of the following apply:

(a)   Distracted means doing either of the following while operating a vehicle:

1. Using an electronic wireless communications device, as defined in R.C. ‘ 4511.204, in violation of that section.

(c)   Distracted does not include conducting any activity while operating a utility service vehicle or a vehicle for or on behalf of a utility, provided that the driver of the vehicle is acting in response to an emergency, power outage, or a circumstance affecting the health or safety of individuals. As used in this division (C)(1)(c):

UTILITY. An entity specified in R.C. ‘ 4905.03(A), (C), (D), (E), or (G).

UTILITY SERVICE VEHICLE. A vehicle owned or operated by a utility.

(2)   If an offender violates R.C. ‘§4511.03, 4511.051, 4511.12, 4511.121, 4511.132, 4511.21, 4511.211, 4511.213, 4511.22, 4511.23, 4511.25, 4511.26, 4511.27, 4511.28, 4511.29, 4511.30, 4511.31, 4511.32, 4511.33, 4511.34, 4511.35, 4511.36, 4511.37, 4511.38, 4511.39, 4511.40, 4511.41, 4511.42, 4511.43, 4511.431, 4511.44, 4511.441, 4511.451, 4511.46, 4511.47, 4511.54, 4511.55, 4511.57, 4511.58, 4511.59, 4511.60, 4511.61, 4511.64, 4511.71, 4511.711, 4511.712, 4511.713, 4511.72, or 4511.73, or any substantially equivalent municipal ordinance, while distracted and the distracting activity is a contributing factor to the commission of the violation, the offender is subject to the applicable penalty for the violation and, notwithstanding R.C. ‘ 2929.28, is subject to an additional fine of not more than $100 as follows:

(a)   1. Subject to Traffic Rule 13, if a law enforcement officer issues an offender a ticket, citation, or summons for a violation of any of the aforementioned sections of the Ohio Revised Code, or any substantially equivalent municipal ordinance, that indicates that the offender was distracted while committing the violation and that the distracting activity was a contributing factor to the commission of the violation, the offender may enter a written plea of guilty and waive the offender’s right to contest the ticket, citation, or summons in a trial provided that the offender pays the total amount of the fine established for the violation and pays the additional fine of $100.

1. 1. 1. In lieu of payment of the additional fine of $100, the offender instead may elect to attend a distracted driving safety course, the duration and contents of which shall be established by the Ohio Director of Public Safety. If the offender attends and successfully completes the course, the offender shall be issued written evidence that the offender successfully completed the course. The offender shall be required to pay the total amount of the fine established for the violation, but shall not be required to pay the additional fine of $100, so long as the offender submits to the court both the offender’s payment in full and such written evidence.

(b)   1. If the offender appears in person to contest the ticket, citation, or summons in a trial and the offender pleads guilty to or is convicted of the violation, the court, in addition to all other penalties provided by law, may impose the applicable penalty for the violation and may impose the additional fine of not more than $100.

1. 1. 1. If the court imposes upon the offender the applicable penalty for the violation and an additional fine of not more than $100, the court shall inform the offender that, in lieu of payment of the additional fine of not more than $100, the offender instead may elect to attend the distracted driving safety course described in division (C)(2)(a) of this section. If the offender elects the course option and attends and successfully completes the course, the offender shall be issued written evidence that the offender successfully completed the course. The offender shall be required to pay the total amount of the fine established for the violation, but shall not be required to pay the additional fine of not more than $100, so long as the offender submits to the court the offender’s payment and such written evidence.

(3)   If a law enforcement officer issues an offender a ticket, citation, or summons for a violation of any of the sections of the Revised Code listed in division (C)(2) of this section that indicates that the offender was distracted while committing the violation and that the distracting activity was a contributing factor to the commission of the violation, the officer shall do both of the following:

(a)   Report the issuance of the ticket, citation, or summons to the officer’s law enforcement agency;

(b)   Ensure that such report indicates the offender’s race.

(R.C. §4511.991)

(D)  Sentencing. Whoever is convicted of or pleads guilty to a misdemeanor or minor misdemeanor shall be sentenced in accordance with ‘ 130.99.

(Prior Code, §70.99)

Statutory reference:

Reimbursement for costs of confinement, see R.C. §2929.36 et seq.

Section

Motor Vehicle Licensing
71.01     Display of license plates or validation stickers; registration

Prohibitions
71.15     Prohibited acts
71.16     Display of license
71.17     Prohibition against false statements
71.18     Use of unauthorized plates
71.19     Operating with number of former owner
71.20     Driving without license
71.21     Driving without license plates

Statutory reference:
Commercial driver‘s licenses, see R.C. Chapter 4506
Driver‘s licenses, see R.C. Chapter 4507
Motor vehicle licensing, see R.C. Chapter 4504
Municipal motor vehicle license tax, see R.C. §4504.06
Notice of arrest of certain commercial drivers, see R.C. §5577.14
Proof of financial responsibility required; civil penalties; peace officers as agents of Registrar of
Motor Vehicles; procedures and rules, see R.C. §§ 4509.101 et seq.
Suspension and revocation of driver‘s licenses, see R.C. Chapter 4510
Suspension of driver‘s licenses; municipal power to suspend for a period not to exceed time permitted or required by state law, see R.C. ‘ 4510.05

MOTOR VEHICLE LICENSING

§ 71.01  DISPLAY OF LICENSE PLATES OR VALIDATION STICKERS; REGISTRATION.

(A)  (1)   No person who is the owner or operator of a motor vehicle shall fail to display in plain view on the rear of the motor vehicle a license plate that displays the distinctive number and registration mark assigned to the motor vehicle by the Ohio Director of Public Safety, including any county identification sticker and any validation sticker when required by and issued under R.C. §§ 4503.19 and 4503.191. However, a commercial tractor shall display the license plate on the front of the commercial tractor.

(2)   The license plate shall be securely fastened so as not to swing, and shall not be covered by any material that obstructs its visibility.

(3)   No person to whom a temporary motor vehicle license registration has been issued for the use of a motor vehicle under R.C. §4503.182, and no operator of that motor vehicle, shall fail to display the temporary motor vehicle license registration in plain view from the rear of the vehicle either in the rear window or on an external rear surface of the motor vehicle.

(4)   No person shall cover a temporary motor vehicle license registration by any material that obstructs its visibility.

(R.C. §4503.21(A))

(B)  Except as otherwise provided by R.C. §§ 4503.103, 4503.173, 4503.41, 4503.43, and 4503.46, no person who is the owner or chauffeur of a motor vehicle operated or driven upon the public roads or highways shall fail to file annually the application for registration or to pay the tax therefor.

(R.C. §4503.11(A))

(C)  (1)   Within 30 days of becoming a resident of this state, any person who owns a motor vehicle operated or driven upon the public roads or highways shall register the vehicle in this state. If such a person fails to register a vehicle owned by the person, the person shall not operate any motor vehicle in this state under a license issued by another state.

(2)   For purposes of division (C)(1) of this section, RESIDENT means any person to whom any of the following applies:

(a)   The person maintains their principal residence in this state and does not reside in this state as a result of the person’s active service in the United States armed forces.

(b)   The person is determined by the Registrar of Motor Vehicles to be a resident in accordance with standards adopted by the Registrar under R.C. §4507.01.

(R.C. §4503.111(A), (C))

(D)  Upon the transfer of ownership of a motor vehicle, the registration of the motor vehicle expires, and the original owner immediately shall remove the license plates from the motor vehicle, except as otherwise provided in R.C. §4503.12.

(R.C. §4503.12(A))

(E)  No person who is the owner of a motor vehicle and a resident of this state shall operate or drive the motor vehicle upon the highways of this municipality while it displays a distinctive number or identification mark issued by or under the authority of another state, without complying with the laws of this state relating to the registration and identification of motor vehicles.

(R.C. §4549.12(A))

(F)   (1)   (a)   Whoever violates division (A) of this section is guilty of a minor misdemeanor.

(b)   The offenses established under division (A) of this section are strict liability offenses and R.C. §2901.20 does not apply. The designation of these offenses as strict liability offenses shall not be construed to imply that any other offense, for which there is no specified degree of culpability, is not a strict liability offense.

(R.C. §4503.21(B), (C))

(2)   Whoever violates division (B) of this section is guilty of a minor misdemeanor.

(R.C. §4503.11(D))

(3)   (a)   Whoever violates division (C) of this section is guilty of a minor misdemeanor.

(b)   The offense established under division (F)(3)(a) of this section is a strict liability offense and strict liability is a culpable mental state for purposes of R.C. §2901.20. The designation of this offense as a strict liability offense shall not be construed to imply that any other offense, for which there is no specified degree of culpability, is not a strict liability offense.

(R.C. §4503.111(B))

(4)   Whoever violates division (D) of this section is guilty of a misdemeanor of the fourth degree.

(R.C. §4503.12(D))

(6)   Whoever violates division (E) of this section is guilty of illegal operation by a resident of this state of a motor vehicle bearing the distinctive number or identification mark issued by a foreign jurisdiction, a minor misdemeanor.

(R.C. §4549.12(B))

(Prior Code, §71.01)

PROHIBITIONS

§ 71.15  PROHIBITED ACTS.

(A)  No person shall do any of the following:

(1)   Display or cause or permit to be displayed, or possess any identification card, driver’s or commercial driver’s license, temporary instruction permit, or commercial driver’s license temporary instruction permit knowing the same to be fictitious, or to have been canceled, suspended, or altered;

(2)   Lend to a person not entitled thereto, or knowingly permit a person not entitled thereto to use any identification card, driver’s or commercial driver’s license, temporary instruction permit or commercial driver’s license temporary instruction permit issued to the person so lending or permitting the use thereof;

(3)   Display, or represent as one’s own, any identification card, driver’s or commercial driver’s license, temporary instruction permit, or commercial driver’s license temporary instruction permit not issued to the person so displaying the same;

(4)   Fail to surrender to the Registrar of Motor Vehicles, upon the Registrar’s demand, any identification card, driver’s or commercial driver’s license, temporary instruction permit, or commercial driver’s license temporary instruction permit that has been suspended or canceled;

(5)   In any application for an identification card, driver’s or commercial driver’s license, temporary instruction permit, or commercial driver’s license temporary instruction permit or any renewal, reprint, or duplicate thereof, knowingly conceal a material fact or present any physician’s statement required under R.C. §4507.08 or 4507.081 when knowing the same to be false or fictitious.

(B)  Whoever violates any division of this section is guilty of a misdemeanor of the first degree.

(R.C. §4507.30)  (Prior Code, §71.05)

Statutory reference:

Use of license to violate liquor laws; suspension; procedures, see R.C. ‘ 4510.33

§ 71.16  DISPLAY OF LICENSE.

(A)  The operator of a motor vehicle shall display the operator’s driver’s license, or furnish satisfactory proof that the operator has a driver’s license, upon demand of any peace officer or of any person damaged or injured in any collision in which the licensee may be involved. When a demand is properly made, and the operator has the operator’s driver’s license on or about the operator’s person, the operator shall not refuse to display the license. A person’s failure to furnish satisfactory evidence that the person is licensed under R.C. Chapter 4507 when the person does not have the person’s license on or about the person’s person shall be prima facie evidence of the person’s not having obtained a driver’s license.

(B)  (1)   Except as provided in division (B)(2) of this section, whoever violates this section is guilty of an unclassified misdemeanor. When the offense is an unclassified misdemeanor, the offender shall be sentenced pursuant to §130.18, §130.99 or R.C. §§ 2929.21 to 2929.28, except that the offender shall not be sentenced to a jail term; the offender shall not be sentenced to a community residential sanction pursuant to §130.99(E) or R.C. §2929.26; notwithstanding §130.99(H)(1)(b)1. and R.C. §2929.28(A)(2)(a), the offender may be fined up to $1,000; and notwithstanding §130.99(G)(1)(c) and R.C. §2929.27(A)(3), the offender may be ordered pursuant to §130.99(G)(3) or R.C. §2929.27(C) to serve a term of community service of up to 500 hours. The failure of an offender to complete a term of community service imposed by the court may be punished as indirect criminal contempt under R.C. §2705.02(A) that may be filed in the underlying case.

(2)   If, within three years of the offense, the offender previously has been convicted of or pleaded guilty to two or more violations of this section, R.C. §4507.35, or a substantially equivalent municipal ordinance, the offense is a misdemeanor of the first degree.

(R.C. §4507.35)  (Prior Code, §71.06)

§ 71.17  PROHIBITION AGAINST FALSE STATEMENTS.

(A)  No person shall knowingly make a false statement to any matter or thing required by the provisions of this traffic code.

(B)  Whoever violates this section is guilty of a misdemeanor of the first degree.

(R.C. §4507.36)  (Prior Code, §71.07)

§ 71.18  USE OF UNAUTHORIZED PLATES.

(A)  Generally. No person shall operate or drive a motor vehicle upon the public roads and highways in this municipality if it displays a license plate or a distinctive number or identification mark that meets any of the following criteria:

(1)   It is fictitious;

(2)   It is a counterfeit or an unlawfully made copy of any distinctive number or identification mark;

(3)   It belongs to another motor vehicle, provided that this section does not apply to a motor vehicle that is operated on the public roads and highways in this municipality when the motor vehicle displays license plates that originally were issued for a motor vehicle that previously was owned by the same person who owns the motor vehicle that is operated on the public roads and highways in this municipality during the 30‑day period described in R.C. §4503.12(A)(4).

(B)  Failure to comply with R.C. ‘ 4503.12. A person who fails to comply with the transfer of registration provisions of R.C. §4503.12 and is charged with a violation of that section shall not be charged with a violation of this section.

(C)  State law penalty. Whoever violates division (A)(1), (A)(2), or (A)(3) of this section is guilty of operating a motor vehicle bearing an invalid license plate or identification mark, a misdemeanor of the fourth degree on a first offense and a misdemeanor of the third degree on each subsequent offense.

(R.C. §4549.08)  (Prior Code, §71.09)

§ 71.19  OPERATING WITH NUMBER OF FORMER OWNER.

(A)  Generally. No person shall operate or drive upon the highways of this municipality a motor vehicle acquired from a former owner who has registered the motor vehicle, while the motor vehicle displays the distinctive number or identification mark assigned to it upon its original registration.

(R.C. §4549.11(A))

(B)  State law penalty. Whoever violates division (A) of this section is guilty of operation of a motor vehicle bearing license plates or an identification mark issued to another, a minor misdemeanor on a first offense and a misdemeanor of the fourth degree on each subsequent offense.

(R.C. §4549.11(B))

(Prior Code, §71.10)

§ 71.20  DRIVING WITHOUT LICENSE.

No person shall drive a motor vehicle within a park unless such person has been licensed as an operator or chauffeur, or cause or permit a minor under 18 years of age to drive a motor vehicle within a park unless such minor has first obtained a license or permit to drive a motor vehicle.

(Prior Code, §71.11)  (Rules and Regs. §16.17)

Statutory reference:

Similar provisions, see R.C. §§ 4507.01 through 4507.39

Specifically, see R.C. ‘ 4507.31

§ 71.21  DRIVING WITHOUT LICENSE PLATES.

No person who is the owner or operator of a motor vehicle shall operate, or cause or permit such motor vehicle to be operated, within the park unless such vehicle displays the distinctive number and registration marks of license plates, legally issued for the current year, securely fastened to the vehicle.

(Prior Code, §71.12)  (Rules and Regs. §16.16)

Section

General Provisions

72.001   Lanes of travel upon roadways
72.002   Vehicles traveling in opposite directions
72.003   Emergency vehicles to proceed cautiously past red or stop signal
72.004   Obeying traffic‑control devices
72.005   Prohibition against alteration, defacing, or removal prohibited
72.006   One‑way highways and rotary traffic islands
72.007   Rules for driving in marked lanes
72.008   Space between moving vehicles
72.009   No passing
72.010   Rules for turns at intersections
72.011   U‑turns and turning in roadway prohibited
72.012   Starting and backing vehicles
72.013   Turn and stop signals
72.014   Hand and arm signals
72.015   Compliance with order of police officer
72.016   Prohibition against resisting officer

Right‑of‑Way
72.030   Right‑of‑way at intersections
72.031   Right‑of‑way when turning left
72.032   Right‑of‑way at through highways; stop signs; yield signs
72.033   Stop at sidewalk or trail area
72.034   Right‑of‑way on public highway
72.035   Failure to yield to pedestrians
72.036   Failure to yield to emergency vehicles
72.037   Animal compliance
72.038   Pedestrians yield right‑of‑way to public safety vehicle
72.039   Pedestrian on crosswalk has right‑of‑way
72.040   Right‑of‑way yielded to blind person
72.041   Right‑of‑way yielded by pedestrian

Pedestrians
72.055   Pedestrian movement in crosswalks
72.056   Prohibition against soliciting rides; riding on outside of vehicle

Reckless Operation
72.070   Reckless operation of vehicle
72.071   Operator to be in reasonable control

Accidents
72.085   Exchange of identity and vehicle registration
72.086   Accident involving injury to persons or property
72.087   Accident involving damage to realty
72.088   Failure to report accident

Prohibitions
72.100   Obstruction and interference affecting view and control of driver
72.101   Driving on closed roads
72.102   Following an emergency or public vehicle prohibited; approaching stationary public safety vehicle with caution
72.103   Slow speed; speed limit
72.104   Transporting child not in child‑restraint system prohibited
72.105   Occupant restraining devices
72.106   Street racing defined; prohibited on public highways
72.107   Driving through safety zone
72.108   Operating motor vehicles while wearing earphones or earplugs
72.109   Defacement of surface

Statutory reference:
Notice of arrest of certain commercial drivers, see R.C. ‘ 5577.14

GENERAL PROVISIONS

§ 72.001  LANES OF TRAVEL UPON ROADWAYS.

(A)  Upon all roadways of sufficient width, a vehicle shall be driven upon the right half of the roadway, except as follows:

(1)   When overtaking and passing another vehicle proceeding in the same direction, or when making a left turn under the rules governing such movements;

(2)   When an obstruction exists making it necessary to drive to the left of the center of the highway; provided, any person so doing shall yield the right-of-way to all vehicles traveling in the proper direction upon the unobstructed portion of the highway within such distance as to constitute an immediate hazard;

(3)   When driving upon a roadway divided into three or more marked lanes for traffic under the rules applicable thereon;

(4)   When driving upon a roadway designated and posted with signs for one-way traffic;

(5)   When otherwise directed by a police officer or traffic-control device.

(B)  (1)   Upon all roadways any vehicle proceeding at less than the prevailing and lawful speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic, and far enough to the right to allow passing by faster vehicles if such passing is safe and reasonable, except under any of the following circumstances:

(a)   When overtaking and passing another vehicle proceeding in the same direction;

(b)   When preparing for a left turn;

(c)   When the driver must necessarily drive in a lane other than the right-hand lane to continue on the driver’s intended route.

(2)   Nothing in division (B)(1) of this section requires a driver of a slower vehicle to compromise the driver’s safety to allow overtaking by a faster vehicle.

(C)  Upon any roadway having four or more lanes for moving traffic and providing for two-way movement of traffic, no vehicle shall be driven to the left of the center line of the roadway, except when authorized by official traffic-control devices designating certain lanes to the left of the center of the roadway for use by traffic not otherwise permitted to use the lanes, or except as permitted under division (A)(2) of this section. This division shall not be construed as prohibiting the crossing of the center line in making a left turn into or from an alley, private road, or driveway.

(D)  Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.

(E)  If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under §70.99(C).

(R.C. §4511.25)  (Prior Code, §72.001)

§ 72.002  VEHICLES TRAVELING IN OPPOSITE DIRECTIONS.

(A)  Operators of vehicles proceeding in opposite directions shall pass each other to the right, and upon roadways having width for not more than one line of traffic in each direction, each operator shall give to the other one-half of the main traveled portion of the roadway or as nearly one-half as is reasonably possible.

(B)  Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.

(C)  If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under §70.99(C).

(R.C. §4511.26)  (Prior Code, §72.002)

§ 72.003  EMERGENCY VEHICLES TO PROCEED CAUTIOUSLY PAST RED OR STOP SIGNAL.

(A)  The driver of any emergency vehicle or public safety vehicle, when responding to an emergency call, upon approaching a red or stop signal or any stop sign, shall slow down as necessary for safety to traffic, but may proceed cautiously past the red or stop sign or signal with due regard for the safety of all persons using the street or highway.

(B)  Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.

(C)  If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under §70.99(C).

(R.C. §4511.03)  (Prior Code, §72.003)

§ 72.004  OBEYING TRAFFIC‑CONTROL DEVICES.

(A)  (1)   No pedestrian or driver of a vehicle shall disobey the instructions of any traffic-control device placed in accordance with the provisions of this traffic code, unless at the time otherwise directed by a police officer.

(2)   No provision of this traffic code for which signs are required shall be enforced against an alleged violator if, at the time and place of the alleged violation, an official sign is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section of this traffic code does not state that signs are required, that section shall be effective even though no signs are erected or in place.

(R.C. §4511.12(A))

(B)  (1)   Except as provided in division (C) of this section, any operator of a commercial motor vehicle, upon approaching a scale location established for the purpose of determining the weight of the vehicle and its load, shall comply with any traffic control device or the order of a peace officer directing the vehicle to proceed to be weighed or otherwise inspected.

(2)   Any operator of a commercial motor vehicle, upon bypassing a scale location in accordance with division (C) of this section, shall comply with an order of a peace officer to stop the vehicle to verify the use and operation of an electronic clearance device.

(C)  Any operator of a commercial motor vehicle that is equipped with an electronic clearance device authorized by the Superintendent of the State Highway Patrol under R.C. §4549.081 may bypass a scale location, regardless of the instruction of a traffic control device to enter the scale facility, if either of the following apply:

(1)   The in-cab transponder displays a green light or other affirmative visual signal and also sounds an affirmative audible signal;

(2)   Any other criterion established by the Superintendent of the State Highway Patrol is met.

(D)  Any peace officer may order the operator of a commercial motor vehicle that bypasses a scale location to stop the vehicle to verify the use and operation of an electronic clearance device.

(E)  As used in this section, COMMERCIAL MOTOR VEHICLE means any combination of vehicles with a gross vehicle weight rating or an actual gross vehicle weight of more than 10,000 pounds if the vehicle is used in interstate or intrastate commerce to transport property and also means any vehicle that is transporting hazardous materials for which placarding is required pursuant to 49 C.F.R. parts 100 through 180.

(R.C. §4511.121(A) – (C), (E))

(F)   No person shall use an electronic clearance device if the device or its use is not in compliance with rules of the Superintendent of the State Highway Patrol.

(R.C. §4549.081(B))

(G)  (1)   Except as otherwise provided in this division, whoever violates division (A) of this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates division (A) of this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates division (A) of this section is guilty of a misdemeanor of the third degree. If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under §70.99(C).

(R.C. §4511.12(B))

(2)   Whoever violates division (B) of this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to a violation of division (B) of this section or any substantially equivalent state law or municipal ordinance, whoever violates division (B) of this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to two or more violations of division (B) of this section or any substantially equivalent state law or municipal ordinance, whoever violates division (B) of this section is guilty of a misdemeanor of the third degree. If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under §70.99(C).

(R.C. §4511.121(D))

(3)   Whoever violates division (F) of this section is guilty of a misdemeanor of the fourth degree on a first offense and a misdemeanor of the third degree on each subsequent offense.

(R.C. §4549.081(C))

(Prior Code, §72.004)

Statutory reference:

Placing traffic-control devices on state highways, permission required, see R.C. ‘ 4511.10

Traffic-control devices to conform to the state manual and specifications, see R.C. ‘ 4511.11

Uniform system of traffic-control devices, see R.C. ‘ 4511.09

§ 72.005  PROHIBITION AGAINST ALTERATION, DEFACING, OR REMOVAL PROHIBITED.

(A)  No person, without lawful authority, shall do any of the following:

(1)   Knowingly move, deface, damage, destroy, or otherwise improperly tamper with any traffic-control device, any railroad sign or signal, or any inscription, shield, or insignia on the device, sign, or signal, or any part of the device, sign, or signal;

(2)   Knowingly drive upon or over any freshly applied pavement marking material on the surface of a roadway while the marking material is in an undried condition, and is marked by flags, markers, signs, or other devices intended to protect it;

(3)   Knowingly move, damage, destroy, or otherwise improperly tamper with a manhole cover.

(B)  (1)   Except as otherwise provided in this division, whoever violates division (A)(1) or (A)(3) of this section is guilty of a misdemeanor of the third degree. If a violation of division (A)(1) or (A)(3) of this section creates a risk of physical harm to any person, the offender is guilty of a misdemeanor of the first degree. If a violation of division (A)(1) or (A)(3) of this section causes serious physical harm to property that is owned, leased, or controlled by a state or local authority, the offender is guilty of a felony to be prosecuted under appropriate state law.

(2)   Except as otherwise provided in this division, whoever violates division (A)(2) of this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates division (A)(2) of this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates division (A)(2) of this section is guilty of a misdemeanor of the third degree.

(R.C. §4511.17)  (Prior Code, §72.005)

§ 72.006  ONE‑WAY HIGHWAYS AND ROTARY TRAFFIC ISLANDS.

(A)  (1)   Upon a roadway designated and posted with signs for one-way traffic, a vehicle shall be driven only in the direction designated.

(2)   A vehicle passing around a rotary traffic island shall be driven only to the right of the rotary traffic island.

(B)  Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.

(C)  If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under §70.99(C).

(R.C. §4511.32)  (Prior Code, §72.006)

§ 72.007  RULES FOR DRIVING IN MARKED LANES.

(A)  Whenever any roadway has been divided into two or more clearly marked lanes for traffic, or wherever within the municipality traffic is lawfully moving in two or more substantially continuous lines in the same direction, the following rules apply.

(1)   A vehicle shall be driven, as nearly as is practicable, entirely within a single lane or line of traffic and shall not be moved from the lane or line until the driver has first ascertained that the movement can be made with safety.

(2)   Upon a roadway which is divided into three lanes and provides for the two-way movement of traffic, a vehicle shall not be driven in the center lane, except when overtaking and passing another vehicle where the roadway is clearly visible and the center lane is clear of traffic within a safe distance, or when preparing for a left turn, or where the center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding, and is posted with signs to give notice of such allocation.

(3)   Official signs may be erected directing specified traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction, regardless of the center of the roadway, or restricting the use of a particular lane to only buses during certain hours or during all hours, and drivers of vehicles shall obey the directions of such signs.

(4)   Official traffic-control devices may be installed prohibiting the changing of lanes on sections of roadway, and drivers of vehicles shall obey the directions of every such device.

(B)  Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.

(C)  If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under §70.99(C).

(R.C. §4511.33)  (Prior Code, §72.007)

§ 72.008  SPACE BETWEEN MOVING VEHICLES.

(A)  (1)   The operator of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicle and the traffic upon and the condition of the highway.

(2)   The driver of any truck, or motor vehicle drawing another vehicle, when traveling upon a roadway outside a business or residence district, shall maintain a sufficient space, whenever conditions permit, between the vehicle and another vehicle ahead so an overtaking motor vehicle may enter and occupy the space without danger. This division (A)(2) does not prevent overtaking and passing nor does it apply to any lane specially designated for use by trucks.

(3)   Motor vehicles being driven upon any roadway outside of a business or residence district in a caravan or motorcade shall maintain a sufficient space between the vehicles so an overtaking vehicle may enter and occupy the space without danger. This division (A)(3) shall not apply to funeral processions.

(B)  Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.

(C)  If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under §70.99(C).

(R.C. §4511.34)  (Prior Code, §72.008)

§ 72.009  NO PASSING.

No person, while operating a vehicle on a park road, except authorized agents in park vehicles, shall pass another moving vehicle on the left, except as set forth in §72.001.

(Prior Code, §72.009)

§ 72.010  RULES FOR TURNS AT INTERSECTIONS.

(A)  The driver of a vehicle intending to turn at an intersection shall be governed by the following rules:

(1)   Approach for a right turn and a right turn shall be made as close as practicable to the right‑hand curb or edge of the roadway.

(2)   At any intersection where traffic is permitted to move in both directions on each roadway entering the intersection, an approach for a left turn shall be made in that portion of the right half of the roadway nearest the center line thereof and by passing to the right of the center line where it enters the intersection, and, after entering the intersection, the left turn shall be made so as to leave the intersection to the right of the center line of the roadway being entered. Whenever practicable, the left turn shall be made in that portion of the intersection to the left of the center of the intersection.

(3)   At any intersection where traffic is restricted to one direction on one or more of the roadways, the driver of a vehicle intending to turn left at any such intersection shall approach the intersection in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of the vehicle, and, after entering the intersection, the left turn shall be made so as to leave the intersection, as nearly as practicable, in the left hand lane of the roadway being entered lawfully available to traffic moving in that lane.

(B)  The Department of Transportation and local authorities may cause markers, buttons, or signs to be placed within or adjacent to intersections, and thereby require and direct that a different course from that specified in this section be traveled by vehicles turning at an intersection, and when markers, buttons, or signs are so placed, no operator of a vehicle shall turn the vehicle at an intersection other than as directed and required by the markers, buttons, or signs.

(C)  Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.

(D)  If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under §70.99(C).

(R.C. §4511.36)  (Prior Code, §72.010)

§ 72.011  U‑TURNS AND TURNING IN ROADWAY PROHIBITED.

(A)  Except as provided in R.C. §4511.13 and division (B) of this section, no vehicle shall be turned so as to proceed in the opposite direction upon any curve, or upon the approach to or near the crest of a grade, if such vehicle cannot be seen within 500 feet by the driver of any other vehicle approaching from either direction.

(B)  The driver of an emergency vehicle or public safety vehicle, when responding to an emergency call, may turn the vehicle so as to proceed in the opposite direction. This division applies only when the emergency vehicle or public safety vehicle is responding to an emergency call, is equipped with and displaying at least one flashing, rotating, or oscillating light visible under normal atmospheric conditions from a distance of 500 feet to the front of the vehicle, and when the driver of the vehicle is giving an audible signal by siren, exhaust whistle, or bell. This division does not relieve the driver of an emergency vehicle or public safety vehicle from the duty to drive with due regard for the safety of all persons and property upon the highway.

(C)  Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.

(D)  If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under §70.99(C).

(R.C. §4511.37)  (Prior Code, §72.011)

§ 72.012  STARTING AND BACKING VEHICLES.

(A)  (1)   No person shall start a vehicle which is stopped, standing, or parked until the movement can be made with reasonable safety.

(2)   Before backing, operators of vehicles shall give ample warning, and while backing they shall exercise vigilance not to injure person or property on the street or highway.

(3)   No person shall back a motor vehicle on a freeway, except:

(a)   In a rest area;

(b)   In the performance of public works or official duties;

(c)   As a result of an emergency caused by an accident or breakdown of a motor vehicle.

(B)  Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.

(C)  If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under §70.99(C).

(R.C. §4511.38)  (Prior Code, §72.012)

§ 72.013  TURN AND STOP SIGNALS.

(A)  (1)   No person shall turn a vehicle or move right or left upon a highway unless and until the person has exercised due care to ascertain that the movement can be made with reasonable safety, nor without giving an appropriate signal in the manner hereinafter provided.

(2)   When required, a signal of intention to turn or move right or left shall be given continuously during not less than the last 100 feet traveled by the vehicle before turning, except that in the case of a person operating a bicycle or electric bicycle, the signal shall be made not less than one time but is not required to be continuous. A bicycle or electric bicycle operator is not required to make a signal if the bicycle is in a designated turn lane, and a signal shall not be given when the operator’s hands are needed for the safe operation of the bicycle or electric bicycle.

(3)   No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided herein to the driver of any vehicle immediately to the rear, when there is opportunity to give a signal.

(4)   Any stop or turn signal required by this section shall be given either by means of the hand and arm, or by signal lights that clearly indicate to both approaching and following traffic the intention to turn or move right or left, except that any motor vehicle in use on a highway shall be equipped with, and the required signal shall be given by, signal lights when the distance from the center of the top of the steering post to the left outside limit of the body, cab or load of such motor vehicle exceeds 24 inches, or when the distance from the center of the top of the steering post to the rear limit of the body or load thereof exceeds 14 feet, whether a single vehicle or a combination of vehicles.

(5)   The signal lights required by this section shall not be flashed on one side only on a disabled vehicle, flashed as a courtesy or Ado pass@ signal to operators of other vehicles approaching from the rear, nor be flashed on one side only of a parked vehicle except as may be necessary for compliance with this section.

(B)  Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.

(C)  If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under §70.99(C).

(R.C. §4511.39)  (Prior Code, §72.013)

§ 72.014  HAND AND ARM SIGNALS.

(A)  Except as provided in division (B) of this section, all signals required by the provisions of this traffic code, when given by hand and arm, shall be given from the left side of the vehicle in the following manner, and the signals shall indicate as follows:

(1)   Left turn, hand and arm extended horizontally;

(2)   Right turn, hand and arm extended upward;

(3)   Stop or decrease speed, hand and arm extended downward.

(B)  As an alternative to division (A)(2) of this section, a person operating a bicycle or electric bicycle may give a right turn signal by extending the right hand and arm horizontally and to the right side of the bicycle or electric bicycle.

(C)  Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.

(D)  If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under §70.99(C).

(R.C. §4511.40)  (Prior Code, §72.014)

§ 72.015  COMPLIANCE WITH ORDER OF POLICE OFFICER.

(A)  No person shall fail to comply with any lawful order or direction of any police officer invested with authority to direct, control, or regulate traffic.

(B)  No person shall operate a motor vehicle so as willfully to elude or flee a police officer after receiving a visible or audible signal from a police officer to bring the person’s motor vehicle to a stop.

(C)  (1)   Whoever violates this section is guilty of failure to comply with an order or signal of a police officer.

(2)   A violation of division (A) of this section is a misdemeanor of the first degree.

(3)   Except as provided in divisions (C)(4) and (C)(5) of this section, a violation of division (B) of this section is a misdemeanor of the first degree.

(4)   Except as provided in division (C)(5) of this section, a violation of division (B) of this section is a felony and shall be prosecuted under appropriate state law if the jury or judge as trier of fact finds by proof beyond a reasonable doubt that in committing the offense, the offender was fleeing immediately after the commission of a felony.

(5)   (a)   A violation of division (B) of this section is a felony and shall be prosecuted under appropriate state law if the jury or judge as trier of fact finds any of the following by proof beyond a reasonable doubt:

1. The operation of the motor vehicle by the offender was a proximate cause of serious physical harm to persons or property.

1. The operation of the motor vehicle by the offender caused a substantial risk of serious physical harm to persons or property.

(b)   If a police officer pursues an offender who is violating division (B) of this section and division (C)(5)(a) of this section applies, the sentencing court, in determining the seriousness of an offender’s conduct for purposes of sentencing the offender for a violation of division (B) of this section, shall consider, along with the factors set forth in R.C. ‘§2929.12 and 2929.13 that are required to be considered, all of the following:

1. The duration of the pursuit;

1. The distance of the pursuit;

1. The rate of speed at which the offender operated the motor vehicle during the pursuit;

1. Whether the offender failed to stop for traffic lights or stop signs during the pursuit;

1. The number of traffic lights or stop signs for which the offender failed to stop during the pursuit;

1. Whether the offender operated the motor vehicle during the pursuit without lighted lights during a time when lighted lights are required;

1. Whether the offender committed a moving violation during the pursuit;

1. The number of moving violations the offender committed during the pursuit;

1. Any other relevant factors indicating that the offender’s conduct is more serious than conduct normally constituting the offense.

(D)  In addition to any other sanction imposed for a violation of division (A) of this section or a misdemeanor violation of division (B) of this section, the court shall impose a class five suspension from the range specified in R.C. §4510.02(A)(5). If the offender previously has been found guilty of an offense under this section or under R.C. §2921.331 or any other substantially equivalent municipal ordinance, in addition to any other sanction imposed for the offense, the court shall impose a class one suspension as described in R.C. §4510.02(A)(1). The court may grant limited driving privileges to the offender on a suspension imposed for a misdemeanor violation of this section as set forth in R.C. §4510.021. No judge shall suspend any portion of the suspension under a class one suspension of an offender’s license, permit, or privilege required by this division.

(E)  As used in this section:

MOVING VIOLATION. Has the same meaning as in R.C. §2743.70.

POLICE OFFICER. Has the same meaning as in R.C. §4511.01.

(R.C. §2921.331(A) – (C), (E), (F))  (Prior Code, §72.015)

§ 72.016  PROHIBITION AGAINST RESISTING OFFICER.

(A)  No person shall resist, hinder, obstruct, or abuse any sheriff, constable, or other official while that official is attempting to arrest offenders under any provision of this Title VII. No person shall interfere with any person charged under any provision of this Title VII with the enforcement of the law relative to public highways.

(B)  Whoever violates this section is guilty of a minor misdemeanor.

(R.C. §4513.36)

(C)  It is a defense to prosecution under this section that the hindrance, obstruction, resistance, or interference alleged consisted of constitutionally protected speech only.

(Prior Code, §72.016)

RIGHT‑OF‑WAY

§ 72.030  RIGHT‑OF‑WAY AT INTERSECTIONS.

(A)  When two vehicles approach or enter an intersection from different streets or highways at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.

(B)  The right-of-way rule declared in division (A) of this section is modified at through highways and otherwise as stated in this traffic code or R.C. Chapter 4511.

(C)  Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.

(D)  If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under §70.99(C).

(R.C. §4511.41)  (Prior Code, §72.030)

§ 72.031  RIGHT‑OF‑WAY WHEN TURNING LEFT.

(A)  The operator of a vehicle intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard.

(B)  Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.

(C)  If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under §70.99(C).

(R.C. §4511.42)  (Prior Code, §72.031)

§ 72.032  RIGHT‑OF‑WAY AT THROUGH HIGHWAYS; STOP SIGNS; YIELD SIGNS.

(A)  Except when directed to proceed by a law enforcement officer, every driver of a vehicle approaching a stop sign shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it. After having stopped, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time the driver is moving across or within the intersection or junction of roadways.

(B)  The driver of a vehicle approaching a yield sign shall slow down to a speed reasonable for the existing conditions, and if required for safety to stop, shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it. After slowing, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time the driver is moving across or within the intersection or junction of roadways. Whenever a driver is involved in a collision with a vehicle in the intersection or junction of roadways, after driving past a yield sign without stopping, the collision shall be prima facie evidence of the driver’s failure to yield the right‑of‑way.

(C)  Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.

(D)  If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under §70.99(C).

(R.C. §4511.43)  (Prior Code, §72.032)

§ 72.033  STOP AT SIDEWALK OR TRAIL AREA.

(A)  The driver of a vehicle emerging from an alley, building, private road, or driveway within a business or residence district shall stop the vehicle immediately prior to driving onto a sidewalk or trail or onto the sidewalk or trail area extending across the alley, building entrance, road, or driveway, or in the event there is no sidewalk or trail area, shall stop at the point nearest the street to be entered where the driver has a view of approaching traffic thereon.

(R.C. §4511.431(A))

(B)  The owner of a private road or driveway located in a private residential area containing 20 or more dwelling units may erect stop signs at places where the road or driveway intersects with another private road or driveway in the residential area, in compliance with all of the following requirements:

(1)   The stop sign is sufficiently legible to be seen by an ordinarily observant person and meets the specifications of and is placed in accordance with the manual adopted by the Department of Transportation pursuant to R.C. §4511.09;

(2)   The owner has posted a sign at the entrance of the private road or driveway that is in plain view and clearly informs persons entering the road or driveway that they are entering private property, stop signs have been posted and must be obeyed, and the signs are enforceable by law enforcement officers under state law. The sign required by this division, where appropriate, may be incorporated with the sign required by R.C. §4511.211(A)(2), or any substantially equivalent municipal ordinance.

(C)  The provisions of R.C. §4511.43(A) and R.C. §4511.46, or any substantially equivalent municipal ordinance, shall be deemed to apply to the driver of a vehicle on a private road or driveway where a stop sign is placed in accordance with division (B) of this section and to a pedestrian crossing such a road or driveway at an intersection where a stop sign is in place.

(D)  When a stop sign is placed in accordance with division (B) of this section, any law enforcement officer may apprehend a person found violating the stop sign and may stop and charge the person with violating the stop sign.

(E)  As used in this section, and for the purpose of applying R.C. §4511.43(A) and R.C. §4511.46, or any substantially equivalent municipal ordinance, to conduct under this section:

INTERSECTION. Means:

(a)   The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two private roads or driveways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different private roads or driveways joining at any other angle may come in conflict.

(b)   Where a private road or driveway includes two roadways 30 feet or more apart, then every crossing of two roadways of such private roads or driveways shall be regarded as a separate intersection.

OWNER. Has the same meaning as in R.C. §4511.211.

PRIVATE RESIDENTIAL AREA CONTAINING 20 OR MORE DWELLING UNITS. Has the same meaning as in R.C. §4511.211.

ROADWAY. Means that portion of a private road or driveway improved, designed or ordinarily used for vehicular travel, except the berm or shoulder. If a private road or driveway includes two or more separate roadways, the term means any such roadway separately but not all such roadways collectively.

(R.C.§4511.432(A) – (C), (E))

(F)   Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.

(R.C. Ԥ4511.431(B), 4511.432(D))

(G)  If the offender violates division (A) of this section while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under §70.99(C).

(R.C. Ԥ4511.431(B))

(Prior Code, §72.033)

§ 72.034  RIGHT‑OF‑WAY ON PUBLIC HIGHWAY.

(A)  The operator of a vehicle about to enter or cross a highway from any place other than another roadway shall yield the right-of-way to all traffic approaching on the roadway to be entered or crossed.

(B)  Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.

(C)  If the offender violates division (A) of this section while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under §70.99(C).

(R.C. §4511.44)  (Prior Code, §72.034)

§ 72.035  FAILURE TO YIELD TO PEDESTRIANS.

No person, while operating a motor vehicle, bicycle, or riding a horse, shall fail to yield to a pedestrian.

(Prior Code, §72.035)

Statutory reference:

Right‑of‑way of pedestrian on sidewalk, see R.C. ‘ 4511.441

§ 72.036  FAILURE TO YIELD TO EMERGENCY VEHICLES.

No person shall fail to yield to an emergency vehicle engaged in a law enforcement or rescue capacity.

(Prior Code, §72.036)

Statutory reference:

Right‑of‑way of public safety vehicles, see R.C. ‘ 4511.45

§ 72.037  ANIMAL COMPLIANCE.

Every person riding, driving, or leading an animal upon a roadway is subject to the provisions of this traffic code, applicable to the driver of a vehicle, except those provisions of this traffic code which by their nature are inapplicable.

(R.C. §4511.05)  (Prior Code, §72.037)

§ 72.038  PEDESTRIANS YIELD RIGHT‑OF‑WAY TO PUBLIC SAFETY VEHICLE.

(A)  Upon the immediate approach of a public safety vehicle, as stated in R.C. §4511.45 or a substantially equivalent municipal ordinance, every pedestrian shall yield the right-of-way to the public safety vehicle.

(B)  This section shall not relieve the driver of a public safety vehicle from the duty to exercise due care to avoid colliding with any pedestrian.

(C)  Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.

(R.C. §4511.452)  (Prior Code, §72.038)

§ 72.039  PEDESTRIAN ON CROSSWALK HAS RIGHT‑OF‑WAY.

(A)  When traffic-control signals are not in place, not in operation, or are not clearly assigning the right-of-way, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, or if required by R.C. §4511.132 or a substantially equivalent municipal ordinance, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.

(B)  No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close as to constitute an immediate hazard.

(C)  Division (A) of this section does not apply under the conditions stated in R.C. §4511.48(B), or a substantially equivalent municipal ordinance.

(D)  Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle.

(E)  Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.

(F)   If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under §70.99(C).

(R.C. §4511.46)

(Prior Code, §72.039)

§ 72.040  RIGHT‑OF‑WAY YIELDED TO BLIND PERSON.

(A)  (1)   As used in this section BLIND PERSON or BLIND PEDESTRIAN means a person having not more than 20/200 visual acuity in the better eye with correcting lenses, or visual acuity greater than 20/200, but with a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees.

(2)   The driver of every vehicle shall yield the right-of-way to every blind pedestrian guided by a guide dog, or carrying a cane which is predominantly white or metallic in color, with or without a red tip.

(B)  No person, other than a blind person, while on any public highway, street, alley, or other public thoroughfare, shall carry a white or metallic cane, with or without a red tip.

(C)  Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.

(D)  If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under §70.99(C).

(R.C. §4511.47)  (Prior Code, §72.040)

§ 72.041  RIGHT‑OF‑WAY YIELDED BY PEDESTRIAN.

(A)  Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.

(B)  Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all traffic upon the roadway.

(C)  Between adjacent intersections at which traffic-control signals are in operation, pedestrians shall not cross at any place except in a marked crosswalk.

(D)  No pedestrian shall cross a roadway intersection diagonally unless authorized by official traffic‑control devices; and when authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic-control devices pertaining to such crossing movements.

(E)  This section does not relieve the operator of a vehicle from exercising due care to avoid colliding with any pedestrian upon any roadway.

(F)   Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.

(R.C. §4511.48)  (Prior Code, §72.041)

PEDESTRIANS

§ 72.055  PEDESTRIAN MOVEMENT IN CROSSWALKS.

(A)  Pedestrians shall move, whenever practicable, upon the right half of crosswalks.

(B)  Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.

(R.C. §4511.49)  (Prior Code, §72.055)

§ 72.056  PROHIBITION AGAINST SOLICITING RIDES; RIDING ON OUTSIDE OF VEHICLE.

(A)  Safety zone; solicitation. No person while on a roadway outside a safety zone shall solicit a ride from the driver of any vehicle.

(B)  Standing on highway for solicitation; exceptions.

(1)   Except as provided in division (B)(2) of this section, no person shall stand on a highway for the purpose of soliciting employment, business, or contributions from the occupant of any vehicle.

(2)   The Legislative Authority, by ordinance, may authorize the issuance of a permit to a charitable organization to allow a person acting on behalf of the organization to solicit charitable contributions from the occupant of a vehicle by standing on a highway, other than a freeway as provided in R.C. §4511.051(A)(1), that is under the jurisdiction of the municipality. The permit shall be valid for only one period of time, which shall be specified in the permit, in any calendar year. The Legislative Authority also may specify the locations where contributions may be solicited and may impose any other restrictions on or requirements regarding the manner in which the solicitations are to be conducted that the Legislative Authority considers advisable.

(3)   As used in division (B)(2) of this section, CHARITABLE ORGANIZATION means an organization that has received from the Internal Revenue Service a currently valid ruling or determination letter recognizing the tax-exempt status of the organization pursuant to I.R.C. §501(c)(3).

(C)  Hanging, riding outside of vehicle. No person shall hang onto or ride on the outside of any motor vehicle while it is moving upon a roadway, except mechanics or test engineers making repairs or adjustments, or workers performing specialized highway or street maintenance or construction under authority of a public agency.

(D)  Riding in unenclosed, unroofed cargo storage area. No operator shall knowingly permit any person to hang onto or ride on the outside of any motor vehicle while it is moving upon a roadway, except mechanics or test engineers making repairs or adjustments, or workers performing specialized highway or street maintenance or construction under authority of a public agency.

(E)  Unhitched tailgate. No driver of a truck, trailer, or semitrailer shall knowingly permit any person who has not attained the age of 16 years to ride in the unenclosed or unroofed cargo storage area of the driver’s vehicle if the vehicle is traveling faster than 25 miles per hour, unless either of the following applies:

(1)   The cargo storage area of the vehicle is equipped with a properly secured seat to which is attached a seat safety belt that is in compliance with federal standards for an occupant restraining device as defined in R.C. §4513.263(A)(2), the seat and seat safety belt were installed at the time the vehicle was originally assembled, and the person riding in the cargo storage area is in the seat and is wearing the seat safety belt; or

(2)   An emergency exists that threatens the life of the driver or the person being transported in the cargo storage area of the truck, trailer, or semitrailer.

(F)   Riding in cargo area not permitted; exceptions. No driver of a truck, trailer, or semitrailer shall permit any person, except for those workers performing specialized highway or street maintenance or construction under authority of a public agency, to ride in the cargo storage area or on a tailgate of the driver’s vehicle while the tailgate is unlatched.

(G)  State law penalty.

(1)   Except as otherwise provided in this division, whoever violates any provision of divisions (A) through (D) of this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates any provision of divisions (A) through (D) of this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates any provision of divisions (A) through (D) of this section is guilty of a misdemeanor of the third degree.

(2)   Whoever violates division (E) or (F) of this section is guilty of a minor misdemeanor.

(R.C. §4511.51)  (Prior Code, §72.056)

RECKLESS OPERATION

§ 72.070  RECKLESS OPERATION OF VEHICLE.

No person shall operate a vehicle along or over any road or drive within or adjacent to the park in a reckless manner or without due regard for the safety and the rights of pedestrians and drivers and occupants of all other vehicles.

(Prior Code, §72.070)  (Rules and Regs. §16.13)

§ 72.071  OPERATOR TO BE IN REASONABLE CONTROL.

(A)  No person shall operate a motor vehicle, agricultural tractor, or agricultural tractor that is towing, pulling, or otherwise drawing a unit of farm machinery on any street, highway, or property open to the public for vehicular traffic without being in reasonable control of the vehicle, agricultural tractor, or unit of farm machinery.

(B)  Whoever violates this section is guilty of operating a motor vehicle or agricultural tractor without being in control of it, a minor misdemeanor.

(R.C. §4511.202)  (Prior Code, §72.071)

ACCIDENTS

§ 72.085  EXCHANGE OF IDENTITY AND VEHICLE REGISTRATION.

(A)  (1)   In the case of a motor vehicle accident or collision with persons or property on a public road or highway, the operator of the motor vehicle, having knowledge of the accident or collision, immediately shall stop the operator’s motor vehicle at the scene of the accident or collision. The operator shall remain at the scene of the accident or collision until the operator has given the operator’s name and address and, if the operator is not the owner, the name and address of the owner of that motor vehicle, together with the registered number of that motor vehicle, to all of the following:

(a)   Any person injured in the accident or collision;

(b)   The operator, occupant, owner, or attendant of any motor vehicle damaged in the accident or collision;

(c)   The police officer at the scene of the accident or collision.

(2)   In the event an injured person is unable to comprehend and record the information required to be given under division (A)(1) of this section, the other operator involved in the accident or collision shall notify the nearest police authority concerning the location of the accident or collision, and the operator’s name, address, and the registered number of the motor vehicle the operator was operating. The operator shall remain at the scene of the accident or collision until a police officer arrives, unless removed from the scene by an emergency vehicle operated by a political subdivision or an ambulance.

(3)   If the accident or collision is with an unoccupied or unattended motor vehicle, the operator who collides with the motor vehicle shall securely attach the information required to be given in this section, in writing, to a conspicuous place in or on the unoccupied or unattended motor vehicle.

(B)  (1)   Whoever violates division (A) of this section is guilty of failure to stop after an accident. Except as otherwise provided in division (B)(2) or (B)(3) of this section, failure to stop after an accident is a misdemeanor of the first degree.

(2)   If the accident or collision results in serious physical harm to a person, failure to stop after an accident is a felony to be prosecuted under appropriate state law.

(3)   If the accident or collision results in the death of a person, failure to stop after an accident is a felony to be prosecuted under appropriate state law.

(4)   In all cases, the court, in addition to any other penalties provided by law, shall impose upon the offender a class five suspension of the offender’s driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in R.C. §4510.02(A)(5). No judge shall suspend the first six months of suspension of an offender’s license, permit, or privilege required by this division.

(5)   The offender shall provide the court with proof of financial responsibility as defined in R.C. §4509.01. If the offender fails to provide that proof of financial responsibility, then, in addition to any other penalties provided by law, the court may order restitution pursuant to R.C. §2929.18 or 2929.28 in an amount not exceeding $5,000 for any economic loss arising from an accident or collision that was the direct and proximate result of the offender’s operation of the motor vehicle before, during, or after committing the offense charged under this section.

(R.C. §4549.02)  (Prior Code, §72.085)

§ 72.086  ACCIDENT INVOLVING INJURY TO PERSONS OR PROPERTY.

(A)  (1)   In the case of a motor vehicle accident or collision resulting in injury or damage to persons or property on any public or private property other than a public road or highway, the operator of the motor vehicle, having knowledge of the accident or collision, shall stop at the scene of the accident or collision. Upon request of any person who is injured or damaged, or any other person, the operator shall give that person the operator’s name and address, and, if the operator is not the owner, the name and address of the owner of that motor vehicle, together with the registered number of that motor vehicle, and, if available, exhibit the operator’s driver’s or commercial driver’s license.

(2)   If the operator of the motor vehicle involved in the accident or collision does not provide the information specified in division (A)(1) of this section, the operator shall give that information, within 24 hours after the accident or collision, to the police department of the city or village in which the accident or collision occurred, or if it occurred outside the corporate limits of a city or village, to the sheriff of the county in which the accident or collision occurred.

(3)   If the accident or collision is with an unoccupied or unattended motor vehicle, the operator who collides with the motor vehicle shall securely attach the information required under division (A)(1) of this section, in writing, to a conspicuous place in or on the unoccupied or unattended motor vehicle.

(B)  (1)   Whoever violates division (A) of this section is guilty of failure to stop after a nonpublic road accident. Except as otherwise provided in division (B)(2) or (B)(3) of this section, failure to stop after a nonpublic road accident is a misdemeanor of the first degree.

(2)   If the accident or collision results in serious physical harm to a person, failure to stop after a nonpublic road accident is a felony to be prosecuted under appropriate state law.

(3)   If the accident or collision results in the death of a person, failure to stop after a nonpublic road accident is a felony to be prosecuted under appropriate state law.

(4)   In all cases, the court, in addition to any other penalties provided by law, shall impose upon the offender a class five suspension of the offender’s driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in R.C. §4510.02(A)(5). No judge shall suspend the first six months of suspension of an offender’s license, permit, or privilege required by this division.

(5)   The offender shall provide the court with proof of financial responsibility as defined in R.C. §4509.01. If the offender fails to provide that proof of financial responsibility, then, in addition to any other penalties provided by law, the court may order restitution pursuant to R.C. §2929.18 or 2929.28 in an amount not exceeding $5,000 for any economic loss arising from an accident or collision that was the direct and proximate result of the offender’s operation of the motor vehicle before, during, or after committing the offense charged under this section.

(R.C. §4549.021)  (Prior Code, §72.086)

§ 72.087  ACCIDENT INVOLVING DAMAGE TO REALTY.

(A)  (1)   The driver of any vehicle involved in an accident resulting in damage to real property, or personal property attached to real property, legally upon or adjacent to a public road or highway immediately shall stop and take reasonable steps to locate and notify the owner or person in charge of the property of that fact, of the driver’s name and address, and of the registration number of vehicle the driver is driving and, upon request and if available, shall exhibit the driver’s driver’s or commercial driver’s license.

(2)   If the owner or person in charge of the property cannot be located after reasonable search, the driver of the vehicle involved in the accident resulting in damage to the property, within 24 hours after accident, shall forward to the police department of the municipality the same information required to be given to the owner or person in control of the property and give the location of the accident and a description of the damage insofar as it is known.

(B)  (1)   Whoever violates division (A) of this section is guilty of failure to stop after an accident involving the property of others, a misdemeanor of the first degree.

(2)   The offender shall provide the court with proof of financial responsibility as defined in R.C. §4509.01. If the offender fails to provide that proof of financial responsibility, then, in addition to any other penalties provided by law, the court may order restitution pursuant to §130.99(H) or R.C. §2929.28 in an amount not exceeding $5,000 for any economic loss arising from an accident or collision that was the direct and proximate result of the offender’s operation of the motor vehicle before, during, or after committing the offense charged under this section.

(R.C. §4549.03)  (Prior Code, §72.087)

§ 72.088  FAILURE TO REPORT ACCIDENT.

(A)  No person shall fail to report a motor vehicle accident as required under state or local law.

(B)  Whoever violates this section is guilty of a minor misdemeanor.

(R.C. §4509.74)  (Prior Code, §72.088)

PROHIBITIONS

§ 72.100  OBSTRUCTION AND INTERFERENCE AFFECTING VIEW AND CONTROL OF DRIVER.

(A)  No person shall drive a vehicle when it is so loaded, or when there are in the front seat such number of persons, as to obstruct the view of the driver to the front or sides of the vehicle, or to interfere with the driver’s control over the driving mechanism of the vehicle.

(B)  No passenger in a vehicle shall ride in a position as to interfere with the driver’s view ahead or to the sides, or to interfere with the driver’s control over the driving mechanism of the vehicle.

(C)  No person shall open the door of a vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.

(D)  Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.

(R.C. §4511.70)  (Prior Code, §72.100)

§ 72.101  DRIVING ON CLOSED ROADS.

No person shall drive upon or along any park road or drive which has been closed or posted with appropriate signs or barricades. No person in a park shall drive around, cause to be moved, or damage any barricade barrier, so placed to temporarily or permanently close a road to sign traffic.

(Prior Code, §72.101)  (Rules and Regs. §16.3)

§ 72.102  FOLLOWING AN EMERGENCY OR PUBLIC VEHICLE PROHIBITED; APPROACHING STATIONARY PUBLIC SAFETY VEHICLE WITH CAUTION.

(A)  Following an emergency or public vehicle prohibited. The driver of any vehicle, other than an emergency vehicle or public safety vehicle on official business, shall not follow any emergency vehicle or public safety vehicle traveling in response to an alarm closer than 500 feet, or drive into or park the vehicle within the block where the fire apparatus has stopped in answer to a fire alarm, unless directed to do so by a police officer or a firefighter.

(R.C. §4511.72(A))

(B)  Approaching stationary public safety vehicle with caution.

(1)   The driver of a motor vehicle, upon approaching a stationary public safety vehicle, emergency vehicle, road service vehicle, waste collection vehicle, vehicle used by the Public Utilities Commission to conduct motor vehicle inspections in accordance with R.C. ‘§4923.04 and 4923.06, or a highway maintenance vehicle that is displaying the appropriate visual signals by means of flashing, oscillating, or rotating lights, as prescribed in R.C. §4513.17, shall do either of the following:

(a)   If the driver of the motor vehicle is traveling on a highway that consists of at least two lanes that carry traffic in the same direction of travel as that of the driver’s motor vehicle, the driver shall proceed with due caution and, if possible and with due regard to the road, weather, and traffic conditions, shall change lanes into a lane that is not adjacent to that of the stationary public safety vehicle, emergency vehicle, road service vehicle, waste collection vehicle, vehicle used by the Public Utilities Commission to conduct motor vehicle inspections in accordance with R.C. ‘§4923.04 and 4923.06, or a highway maintenance vehicle.

(b)   If the driver is not traveling on a highway of a type described in division (B)(1)(a) of this section, or if the driver is traveling on a highway of that type but it is not possible to change lanes or if to do so would be unsafe, the driver shall proceed with due caution, reduce the speed of the motor vehicle, and maintain a safe speed for the road, weather, and traffic conditions.

(2)   This division (B) does not relieve the driver of a public safety vehicle, emergency vehicle, road service vehicle, waste collection vehicle, vehicle used by the Public Utilities Commission to conduct motor vehicle inspections in accordance with R.C. ‘§4923.04 and 4923.06, or a highway maintenance vehicle from the duty to drive with due regard for the safety of all persons and property upon the highway.

(3)   No person shall fail to drive a motor vehicle in compliance with divisions (B)(1)(a) or (B)(1)(b) of this section when so required by division (B) of this section.

(R.C. §4511.213(A) – (C))

(C)  Penalty.

(1)   Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.

(2)   Notwithstanding §130.99 or R.C. §2929.28, upon a finding that a person operated a motor vehicle in violation of division (B)(3) of this section, the court, in addition to all other penalties provided by law, shall impose a fine of two times the usual amount imposed for the violation.

(3)   If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under §70.99(C).

(R.C. Ԥ4511.213(D), 4511.72(B))

(D)  The offense established under division (B) of this section is a strict liability offense and R.C. §2901.20 does not apply. The designation of this offense as a strict liability offense shall not be construed to imply that any other offense, for which there is no specified degree of culpability, is not a strict liability offense.

(R.C. Ԥ4511.213(E))

(Prior Code, §72.102)

§ 72.103  SLOW SPEED; SPEED LIMIT.

(A)  (1)   No person shall stop or operate a vehicle at such an unreasonably slow speed as to impede or block the normal and reasonable movement of traffic, except when stopping or reduced speed is necessary for safe operation or to comply with law.

(2)   Whenever the Director of Transportation or local authorities determine on the basis of an engineering and traffic investigation that slow speeds on any part of a controlled-access highway, expressway, or freeway consistently impede the normal and reasonable movement of traffic, the Director or such local authority may declare a minimum speed limit below which no person shall operate a motor vehicle, except when necessary for safe operation or in compliance with the law. No minimum speed limit established hereunder shall be less than 30 mph, greater than 50 mph, nor effective until the provisions of R.C. §4511.21 or a substantially equivalent municipal ordinance, relating to appropriate signs, have been fulfilled and local authorities have obtained the approval of the Director.

(3)   In a case involving a violation of this section, the trier of fact, in determining whether the vehicle was being operated at an unreasonably slow speed, shall consider the capabilities of the vehicle and its operator.

(4)   Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.

(5)   If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under §70.99(C).

(R.C. §4511.22)

(B)  No person in a park shall operate a motor vehicle at a greater speed than will permit him or her to bring it to a stop within the assured clear distance ahead, but in no event at a greater speed than the posted speed limit.

(Prior Code, §72.103)

§ 72.104  TRANSPORTING CHILD NOT IN CHILD‑RESTRAINT SYSTEM PROHIBITED.

(A)  When any child who is in either or both of the following categories is being transported in a motor vehicle, other than a taxicab or public safety vehicle as defined in R.C. §4511.01, that is required by the United States Department of Transportation to be equipped with seat belts at the time of manufacture or assembly, the operator of the motor vehicle shall have the child properly secured in accordance with the manufacturer’s instructions in a child restraint system that meets federal motor vehicle safety standards:

(1)   A child who is less than four years of age;

(2)   A child who weighs less than 40 pounds.

(B)  When any child who is in either or both of the following categories is being transported in a motor vehicle, other than a taxicab, that is owned, leased, or otherwise under the control of a nursery school or day-care center, the operator of the motor vehicle shall have the child properly secured in accordance with the manufacturer’s instructions in a child restraint system that meets federal motor vehicle safety standards:

(1)   A child who is less than four years of age;

(2)   A child who weighs less than 40 pounds.

(C)  When any child who is less than eight years of age and less than four feet nine inches in height, who is not required by division (A) or (B) of this section to be secured in a child restraint system, is being transported in a motor vehicle, other than a taxicab or public safety vehicle as defined in R.C. §4511.01 or a vehicle that is regulated under R.C. §5104.015, that is required by the United States Department of Transportation to be equipped with seat belts at the time of manufacture or assembly, the operator of the motor vehicle shall have the child properly secured in accordance with the manufacturer’s instructions on a booster seat that meets federal motor vehicle safety standards.

(D)  When any child who is at least eight years of age but not older than 15 years of age, and who is not otherwise required by division (A), (B), or (C) of this section to be secured in a child restraint system or booster seat, is being transported in a motor vehicle, other than a taxicab or public safety vehicle as defined in R.C. §4511.01, that is required by the United States Department of Transportation to be equipped with seat belts at the time of manufacture or assembly, the operator of the motor vehicle shall have the child properly restrained either in accordance with the manufacturer’s instructions in a child restraint system that meets federal motor vehicle safety standards or in an occupant restraining device as defined in R.C. §4513.263.

(E)  Notwithstanding any provision of law to the contrary, no law enforcement officer shall cause an operator of a motor vehicle being operated on any street or highway to stop the motor vehicle for the sole purpose of determining whether a violation of division (C) or (D) of this section has been or is being committed or for the sole purpose of issuing a ticket, citation, or summons for a violation of division (C) or (D) of this section or causing the arrest of or commencing a prosecution of a person for a violation of division (C) or (D) of this section, and absent another violation of law, a law enforcement officer’s view of the interior or visual inspection of a motor vehicle being operated on any street or highway may not be used for the purpose of determining whether a violation of division (C) or (D) of this section has been or is being committed.

(F)   The Director of Public Safety shall adopt such rules as are necessary to carry out this section.

(G)  The failure of an operator of a motor vehicle to secure a child in a child restraint system, a booster seat, or an occupant restraining device as required in this section is not negligence imputable to the child, is not admissible as evidence in any civil action involving the rights of the child against any other person allegedly liable for injuries to the child, is not to be used as a basis for a criminal prosecution of the operator of the motor vehicle other than a prosecution for a violation of this section, and is not admissible as evidence in any criminal action involving the operator of the motor vehicle other than a prosecution for a violation of this section.

(H)  This section does not apply when an emergency exists that threatens the life of any person operating or occupying a motor vehicle that is being used to transport a child who otherwise would be required to be restrained under this section. This section does not apply to a person operating a motor vehicle who has an affidavit signed by a physician licensed to practice in this state under R.C. Chapter 4731 or a chiropractor licensed to practice in this state under R.C. Chapter 4734 that states that the child who otherwise would be required to be restrained under this section has a physical impairment that makes use of a child restraint system, booster seat, or an occupant restraining device impossible or impractical, provided that the person operating the vehicle has safely and appropriately restrained the child in accordance with any recommendations of the physician or chiropractor as noted on the affidavit.

(I)   Nothing in this section shall be construed to require any person to carry with the person the birth certificate of a child to prove the age of the child, but the production of a valid birth certificate for a child showing that the child was not of an age to which this section applies is a defense against any ticket, citation, or summons issued for violating this section.

(J)   (1)   Whoever violates division (A), (B), (C), or (D) of this section shall be punished as follows, provided that the failure of an operator of a motor vehicle to secure more than one child in a child restraint system, booster seat, or occupant restraining device as required by this section that occurred at the same time, on the same day, and at the same location is deemed to be a single violation of this section:

(a)   Except as otherwise provided in division (J)(1)(b) of this section, the offender is guilty of a minor misdemeanor and shall be fined not less than $25 nor more than $75.

(b)   If the offender previously has been convicted of or pleaded guilty to a violation of division (A), (B), (C), or (D) of this section or of a state law or municipal ordinance that is substantially equivalent any of those divisions, the offender is guilty of a misdemeanor of the fourth degree.

(2)   All fines imposed pursuant to division (J)(1) of this section shall be forwarded to the State Treasurer for deposit in the Child Highway Safety Fund created by R.C. §4511.81(I).

(R.C. §4511.81(A) – (H), (K), (L))  (Prior Code, §72.104)

§ 72.105  OCCUPANT RESTRAINING DEVICES.

(A)  Definitions. As used in this section:

AUTOMOBILE. Means any commercial tractor, passenger car, commercial car, or truck that is required to be factory-equipped with an occupant restraining device for the operator or any passenger by regulations adopted by the United States Secretary of Transportation pursuant to the ANational Traffic and Motor Vehicle Safety Act of 1966@, 80 Stat. 719, 15 U.S.C. §1392.

COMMERCIAL CAR. Has the same meaning as in R.C. §4501.01.

COMMERCIAL TRACTOR. Has the same meaning as in R.C. §4501.01.

OCCUPANT RESTRAINING DEVICE. A seat safety belt, shoulder belt, harness, or other safety device for restraining a person who is an operator of or passenger in an automobile and that satisfies the minimum federal vehicle safety standards established by the United States Department of Transportation.

PASSENGER. Any person in an automobile, other than its operator, who is occupying a seating position for which an occupant restraining device is provided.

PASSENGER CAR. Has the same meaning as in R.C. §4501.01.

TORT ACTION. A civil action for damages for injury, death, or loss to person or property. The term includes a product liability claim, as defined in R.C. §2307.71, and as asbestos claim, as defined in R.C. §2307.91, but does not include a civil action for damages for breach of contract or another agreement between persons.

VEHICLE and MOTOR VEHICLE. As used in the definitions of the terms set forth above, VEHICLE and MOTOR VEHICLE have the same meanings as in R.C. §4511.01.

(B)  Prohibited acts. No person shall do any of the following:

(1)   Operate an automobile on any street or highway unless he or she is wearing all of the available elements of a properly adjusted occupant restraining device, or operate a school bus that has an occupant restraining device installed for use in its operator’s seat unless he or she is wearing all of the available elements of the device, as properly adjusted.

(2)   Operate an automobile on any street or highway unless each passenger in the automobile who is subject to the requirement set forth in division (B)(3) of this section is wearing all of the available elements of a properly adjusted occupant restraining device.

(3)   Occupy, as a passenger, a seating position on the front seat of an automobile being operated on any street or highway unless he or she is wearing all of the available elements of a properly adjusted occupant restraining device.

(4)   Operate a taxicab on any street or highway unless all factory-equipped occupant restraining devices in the taxicab are maintained in usable form.

(C)  Exceptions.

(1)   Division (B)(3) of this section does not apply to a person who is required by R.C. §4511.81 or a substantially equivalent municipal ordinance to be secured in a child restraint device or booster seat.

(2)   Division (B)(1) of this section does not apply to a person who is an employee of the United States Postal Service or of a newspaper home delivery service, during any period in which the person is engaged in the operation of an automobile to deliver mail or newspapers to addressees.

(3)   Divisions (B)(1) and (B)(3) of this section do not apply to a person who has an affidavit signed by a physician licensed to practice in this state under R.C. Chapter 4731 or a chiropractor licensed to practice in this state under R.C. Chapter 4734 that states the following:

(a)   That the person has a physical impairment that makes use of an occupant restraining device impossible or impractical;

(b)   Whether the physical impairment is temporary, permanent, or reasonably expected to be permanent;

(c)   If the physical impairment is temporary, how long the physical impairment is expected to make the use of an occupant restraining device impossible or impractical.

(4)   Divisions (B)(1) and (B)(3) of this section do not apply to a person who has registered with the Registrar of Motor Vehicles in accordance with division (C)(5) of this section.

(5)   A person who has received an affidavit under division (C)(3) of this section stating that the person has a permanent or reasonably expected to be permanent physical impairment that makes use of an occupant restraining device impossible or impracticable may register with the Registrar of Motor Vehicles attesting to that fact. Upon such registration, the Registrar shall make that information available in the law enforcement automated data system. A person included in the database under division (C)(5) of this section is not required to have the affidavit obtained in accordance with division (C)(3) of this section in their possession while operating or occupying an automobile.

(6)   A physician or chiropractor who issues an affidavit for the purposes of division (C)(3) or (C)(4) of this section is immune from civil liability arising from any injury or death sustained by the person who was issued the affidavit due to the failure of the person to wear an occupant restraining device unless the physician or chiropractor, in issuing the affidavit, acted in a manner that constituted willful, wanton, or reckless misconduct.

(7)   The Registrar of Motor Vehicles shall adopt rules in accordance with R.C. Chapter 119 establishing a process for a person to be included in the database under division (C)(5) of this section. The information provided and included in the database under division (C)(5) of this section is not a public record subject to inspection or copying under R.C. §149.43.

(D)  Officers not permitted to stop cars to determine violation. Notwithstanding any provision of law to the contrary, no law enforcement officer shall cause an operator of an automobile being operated on any street or highway to stop the automobile for the sole purpose of determining whether a violation of division (B) of this section has been or is being committed or for the sole purpose of issuing a ticket, citation, or summons for the violation or for causing the arrest of or commencing a prosecution of a person for the violation. No law enforcement officer shall view the interior or visually inspect any automobile being operated on any street or highway for the sole purpose of determining whether the violation has been or is being committed.

(E)  Use of fines for educational program. All fines collected for violations of division (B) of this section shall be forwarded to the State Treasurer for deposit in the funds as set forth in R.C. §4513.263(E).

(F)   Limitations on evidence used for prosecution.

(1)   Subject to division (F)(2) of this section, the failure of a person to wear all of the available elements of a properly adjusted occupant restraining device in violation of division (B)(1) or (B)(3) of this section or the failure of a person to ensure that each minor who is a passenger of an automobile being operated by that person is wearing all of the available elements of a properly adjusted occupant restraining device in violation of division (B)(2) of this section shall not be considered or used by the trier of fact in a tort action as evidence of negligence or contributory negligence. But, the trier of fact may determine based on evidence admitted consistent with the Ohio Rules of Evidence that the failure contributed to the harm alleged in the tort action and may diminish a recovery of compensatory damages that represents non-economic loss, as defined in R.C. §2307.011, in a tort action that could have been recovered but for the plaintiff’s failure to wear all of the available elements of a properly adjusted occupant restraining device. Evidence of that failure shall not be used as a basis for a criminal prosecution of the person other than a prosecution for a violation of this section; and shall not be admissible as evidence in a criminal action involving the person other than a prosecution for a violation of this section.

(2)   If, at the time of an accident involving a passenger car equipped with occupant restraining devices, any occupant of the passenger car who sustained injury or death was not wearing an available occupant restraining device, was not wearing all of the available elements of such a device, or was not wearing such a device as properly adjusted, then, consistent with the Rules of Evidence, the fact that the occupant was not wearing the available occupant restraining device, was not wearing all of the available elements of such a device, or was not wearing such a device as properly adjusted is admissible in evidence in relation to any claim for relief in a tort action to the extent that the claim for relief satisfies all of the following:

(a)   It seeks to recover damages for injury or death to the occupant;

(b)   The defendant in question is the manufacturer, designer, distributor, or seller of the passenger car;

(c)   The claim for relief against the defendant in question is that the injury or death sustained by the occupant was enhanced or aggravated by some design defect in the passenger car or that the passenger car was not crashworthy.

(G)  Penalty.

(1)   Whoever violates division (B)(1) of this section shall be fined $30.

(2)   Whoever violates division (B)(2) shall be subject to the penalty set forth in §70.99(C).

(3)   Whoever violates division (B)(3) of this section shall be fined $20.

(4)   Except as otherwise provided in this division, whoever violates division (B)(4) of this section is guilty of a minor misdemeanor. If the offender previously has been convicted of or pleaded guilty to a violation of division (B)(4) of this section, whoever violates division (B)(4) of this section is guilty of a misdemeanor of the third degree.

(R.C. §4513.263)  (Prior Code, §72.105)

§ 72.106  STREET RACING DEFINED; PROHIBITED ON PUBLIC HIGHWAYS.

(A)  As used in this section, STREET RACING means the operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other, or the operation of one or more vehicles over a common selected course, from the same point to the same point, wherein timing is made of the participating vehicles involving competitive accelerations or speeds. Persons rendering assistance in any manner to such competitive use of vehicles shall be equally charged as the participants. The operation of two or more vehicles side by side either at speeds in excess of prima facie lawful speeds established by R.C. §4511.21(B)(1)(a) through (B)(9) or a substantially equivalent municipal ordinance, or rapidly accelerating from a common starting point to a speed in excess of such prima facie lawful speeds shall be prima facie evidence of street racing.

(B)  No person shall participate in street racing upon any public road, street, or highway in this municipality.

(C)  Whoever violates this section is guilty of street racing, a misdemeanor of the first degree. In addition to any other sanctions, the court shall suspend the offender’s driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privileges for not less than 30 days or more than three years. No judge shall suspend the first 30 days of any suspension of an offender’s license, permit, or privilege imposed under this division.

(R.C. §4511.251)  (Prior Code, §72.106)

§ 72.107  DRIVING THROUGH SAFETY ZONE.

(A)  No vehicle shall at any time be driven through or within a safety zone.

(B)  Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.

(C)  If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under §70.99(C).

(R.C. §4511.60)  (Prior Code, §72.107)

§ 72.108  OPERATING MOTOR VEHICLES WHILE WEARING EARPHONES OR EARPLUGS.

(A)  As used in this section:

EARPHONES. Any device that covers all or a portion of both ears and that does either of the following:

(a)   Through either a physical connection to another device or a wireless connection, provides the listener with radio programs, music, or other information;

(b)   Provides hearing protection.

EARPHONES does not include speakers or other listening devices that are built into protective headgear.

EARPLUGS. Any device that can be inserted into one or both ears and that does either of the following:

(a)   Through either a physical connection to another device or a wireless connection, provides the listener with radio programs, music, or other information;

(b)   Provides hearing protection.

(B)  No person shall operate a motor vehicle while wearing earphones over, or earplugs in, both ears.

(C)  This section does not apply to:

(1)   Any person wearing a hearing aid;

(2)   Law enforcement personnel while on duty;

(3)   Fire Department personnel and emergency medical service personnel while on duty;

(4)   Any person engaged in the operation of equipment for use in the maintenance or repair of any highway;

(5)   Any person engaged in the operation of refuse collection equipment;

(6)   Any person wearing earphones or earplugs for hearing protection while operating a motorcycle.

(D)  Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.

(R.C. §4511.84)  (Prior Code, §72.108)

§ 72.109  DEFACEMENT OF SURFACE.

No person in a park shall intentionally accelerate a motor vehicle causing the rubber tires to mark or deface park roadway surfaces.

(Prior Code, §72.109)  (Rules and Regs. §16.11)

Section

73.01 Condition when motor vehicle left unattended
73.02 Officer may remove ignition key
73.03 Parking permitted in designated parking areas only
73.04 After hours parking
73.05 Handicapped parking

Statutory reference:

Noncriminal parking infractions, local option to create, see R.C. Chapter 4521

§ 73.01  CONDITION WHEN MOTOR VEHICLE LEFT UNATTENDED.

(A)  (1)   No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, removing the key from the ignition, effectively setting the parking brake, and, when the motor vehicle is standing upon any grade, turning the front wheels to the curb or side of the highway.

(2)   The requirements of this section relating to the stopping of the engine, locking of the ignition, and removing the key from the ignition of a motor vehicle do not apply to any of the following:

(a)   A motor vehicle that is parked on residential property;

(b)   A motor vehicle that is locked, regardless of where it is parked;

(c)   An emergency vehicle; and

(d)   A public safety vehicle.

(B)  Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.

(R.C. §4511.661)  (Prior Code, §73.01)

§ 73.02  OFFICER MAY REMOVE IGNITION KEY.

A law enforcement officer may remove the ignition key left in the ignition switch of an unlocked and unattended motor vehicle parked on a street or highway. The officer removing the key shall place notification upon the vehicle detailing his or her name and badge number, the place where the key may be reclaimed, and the procedure for reclaiming the key. The key shall be returned to the owner of the motor vehicle upon presentation of proof of ownership.

(R.C. §4549.05)  (Prior Code, §73.02)

§ 73.03  PARKING PERMITTED IN DESIGNATED PARKING AREAS ONLY.

(A)  No person shall park any motor vehicle; bicycle; electric transportation devices, as defined in Chapter 75; or other vehicle within any traveled roadway within the park or any location where posted signs prohibit parking except in emergencies, or upon any sod, gravel, or other surface not specifically designated as a parking area.

(B)  No shared bicycles or electric transportation devices shall be parked in limited use areas, as defined in §94.03, or in area under conservation stewardship, including woods, prairies, meadows, and wetlands, or within levees.

(Prior Code, §73.03)  (Rules and Regs. §16.5)  (Amendment approved 8-1-2022)

§ 73.04  AFTER HOURS PARKING.

No person shall leave a vehicle in a park during the hours when a park is closed.

(Prior Code, §73.04)  (Rules and Regs. §16.6)

§ 73.05  HANDICAPPED PARKING.

No person who is not handicapped or operating a motor vehicle to transport a handicapped person shall stop, stand, or park any motor vehicle at specially designated locations provided for the handicapped.

(Prior Code, §73.05)  (Rules and Regs. §16.12)

Statutory reference:

Privileges for persons with disabilities, see R.C. §4511.69

Section

Equipment
74.01 Driving a vehicle in an unsafe condition
74.02 Bumpers on motor vehicles; suspension systems
74.03 Lighted lights required
74.04 Headlights
74.05 Taillights and illumination of rear license plate
74.06 Stoplight regulations
74.07 Red light or flag required
74.08 Lights on parked vehicles
74.09 Spotlight and auxiliary driving lights
74.10 Two lights displayed
74.11 Headlights required
74.12 Horns, sirens, and warning devices
74.13 Mufflers; excessive smoke or gas
74.14 Rearview mirrors
74.15 Windshields and wipers
74.16 Requirements for safety glass in motor vehicles; use of tinted glass or reflectorized material

Loads
74.30 Safety and load limits
74.31 Permit required for operation of trucks in parks
74.32 Limitation of load extension on left side of vehicle
74.33 All loads shall be properly secured

EQUIPMENT

§ 74.01  DRIVING A VEHICLE IN AN UNSAFE CONDITION.

No person shall drive or move within the park any vehicle or combination of vehicles which is in an unsafe condition so as to endanger any person. This includes the provisions of R.C. ‘§4513.01 to 4513.65 inclusive, and R.C. §4513.99(A).

(Prior Code, §74.01)  (Rules and Regs. §16.15)

§ 74.02  BUMPERS ON MOTOR VEHICLES; SUSPENSION SYSTEMS.

(A)  Definition. As used in this section:

GROSS VEHICLE WEIGHT RATING. Means the manufacturer=s gross vehicle weight rating established for that vehicle.

MANUFACTURER. Has the same meaning as in R.C. §4501.01.

MULTIPURPOSE PASSENGER VEHICLE. Means a motor vehicle with motive power, except a motorcycle, designed to carry ten persons or less, that is constructed either on a truck chassis or with special features for occasional off-road operation.

PASSENGER CAR. Means any motor vehicle with motive power, designed for carrying ten persons or less, except a multipurpose passenger vehicle or motorcycle.

TRUCK. Means every motor vehicle, except trailers and semitrailers, designed and used to carry property and having a gross vehicle weight rating of 10,000 pounds or less.

(B)  Rules adopted. Rules adopted by the Director of Public Safety, in accordance with R.C. Chapter 119, shall govern the maximum bumper height or, in the absence of bumpers and in cases where bumper height have been lowered or modified, the maximum height to the bottom of the frame rail of any passenger car, multipurpose passenger vehicle or truck.

(C)  Vehicle to conform. No person shall operate upon a street or highway any passenger car, multipurpose passenger vehicle or truck registered in this state that does not conform to the requirements of this section or any applicable rule adopted pursuant to R.C. §4513.021.

(D)  Modification of motor vehicle. No person shall modify any motor vehicle registered in this state in such a manner as to cause the vehicle body or chassis to come in contact with the ground, expose the fuel tank to damage from collision, or cause the wheels to come in contact with the body under normal operation, and no person shall disconnect any part of the original suspension system of the vehicle to defeat the safe operation of that system.

(E)  Heavy duty equipment; normal wear. Nothing contained in this section or in the rules adopted pursuant to R.C. §4513.021 shall be construed to prohibit either of the following:

(1)   The installation upon a passenger car, multipurpose passenger vehicle or truck registered in this state of heavy duty equipment, including shock absorbers and overload springs:

(2)   The operation on a street or highway of a passenger car, multipurpose passenger vehicle, or truck registered in this state with normal wear to the suspension system if the normal wear does not adversely affect the control of the vehicle.

(F)   Exception. This section and the rules adopted pursuant to R.C. §4513.021 do not apply to any specially designed or modified passenger car, multipurpose passenger vehicle, or truck when operated off a street or highway in races and similar events.

(G)  State law penalty. Whoever violates this section is guilty of a minor misdemeanor.

(R.C. §4513.021)  (Prior Code, §74.02)

Statutory reference:

Maximum height on bumpers, see O.A.C. Chapter 4501‑43

§ 74.03  LIGHTED LIGHTS REQUIRED.

(A)  Every vehicle, other than a motorized bicycle, operated upon a street or highway within this state shall display lighted lights and illuminating devices as required by R.C. ‘§4513.04 to 4513.37 during all of the following times:

(1)   The time from sunset to sunrise;

(2)   At any other time when, due to insufficient natural light or unfavorable atmospheric conditions, persons, vehicles, and substantial objects on the highway are not discernible at a distance of 1,000 feet ahead;

(3)   At any time when the windshield wipers of the vehicle are in use because of precipitation on the windshield.

(B)  Every motorized bicycle shall display at such times lighted lights meeting the rules adopted by the Ohio Director of Public Safety under R.C. §4511.521. No motor vehicle, during any time specified in this section, shall be operated upon a street or highway within this state using only parking lights as illumination.

(C)  Whenever in such sections a requirement is declared as to the distance from which certain lamps and devices shall render objects visible, or within which such lamps or devices shall be visible, such distance shall be measured upon a straight level unlighted highway under normal atmospheric conditions unless a different condition is expressly stated.

(D)  Whenever in such sections a requirement is declared as to the mounted height of lights or devices, it shall mean from the center of such light or device to the level ground upon which the vehicle stands.

(E)  Notwithstanding any provision of law to the contrary, no law enforcement officer shall cause the operator of a vehicle being operated upon a street or highway within this state to stop the vehicle solely because the officer observes that a violation of division (A)(3) of this section has been or is being committed or for the sole purpose of issuing a ticket, citation, or summons for a violation of that division, or causing the arrest of or commencing a prosecution of a person for a violation of that division.

(F)   Whoever violates this section is guilty of a minor misdemeanor.

(R.C. §4513.03)  (Prior Code, §74.03)

§ 74.04  HEADLIGHTS.

(A)  (1)   Every motor vehicle, other than a motorcycle, shall be equipped with at least two headlights with at least one near each side of the front of the motor vehicle.

(2)   Every motorcycle shall be equipped with at least one and not more than two headlights.

(B)  Whoever violates this section is guilty of a minor misdemeanor.

(R.C. §4513.04)  (Prior Code, §74.04)

§ 74.05  TAILLIGHTS AND ILLUMINATION OF REAR LICENSE PLATE.

(A)  (1)   Every motor vehicle, trailer, semitrailer, pole trailer or vehicle which is being drawn at the end of a train of vehicles shall be equipped with at least one tail light mounted on the rear which, when lighted, shall emit a red light visible from a distance of 500 feet to the rear, provided that in the case of a train of vehicles only the tail light on the rearmost vehicle need be visible from the distance specified.

(2)   Either a tail light or a separate light shall be so constructed and placed as to illuminate with a white light the rear registration plate, when such registration plate is required, and render it legible from a distance of 50 feet to the rear. Any tail light, together with any separate light for illuminating the rear registration plate, shall be so wired as to be lighted whenever the headlights or auxiliary driving lights are lighted, except where separate lighting systems are provided for trailers for the purpose of illuminating such registration plate.

(B)  Whoever violates this section is guilty of a minor misdemeanor.

(R.C. §4513.05)  (Prior Code, §74.05)

§ 74.06  STOPLIGHT REGULATIONS.

(A)  (1)   Every motor vehicle, trailer, semitrailer, and pole trailer when operated upon a highway shall be equipped with two or more stop lights, except that passenger cars manufactured or assembled prior to January 1, 1967, motorcycles, and motor-driven cycles shall be equipped with at least one stop light. Stop lights shall be mounted on the rear of the vehicle, actuated upon application of the service brake, and may be incorporated with other rear lights. Such stop lights when actuated shall emit a red light visible from a distance of 500 feet to the rear; provided that in the case of a train of vehicles only the stop lights on the rearmost vehicle need be visible from the distance specified.

(2)   Such stop lights when actuated shall give a steady warning light to the rear of a vehicle or train of vehicles to indicate the intention of the operator to diminish the speed of or stop a vehicle or train of vehicles.

(3)   When stop lights are used as required by this section, they shall be constructed or installed so as to provide adequate and reliable illumination and shall conform to the appropriate rules and regulations established under R.C. §4513.19.

(4)   Historical motor vehicles as defined in R.C. §4503.181, not originally manufactured with stop lights, are not subject to this section.

(B)  Whoever violates this section is guilty of a minor misdemeanor.

(R.C. §4513.071)  (Prior Code, §74.06)

§ 74.07  RED LIGHT OR FLAG REQUIRED.

(A)  Whenever the load upon any vehicle extends to the rear four feet or more beyond the bed or body of this vehicle, there shall be displayed at the extreme rear end of the load, at the times specified in R.C. §4513.03 or a substantially equivalent municipal ordinance, a red light or lantern plainly visible from a distance of at least 500 feet to the sides and rear. The red light or lantern required by this section is in addition to the red rear light required upon every vehicle. At any other time there shall be displayed at the extreme rear end of such load a red flag or cloth not less than 16 inches square.

(B)  Whoever violates this section is guilty of a minor misdemeanor.

(R.C. §4513.09)  (Prior Code, §74.07)

§ 74.08  LIGHTS ON PARKED VEHICLES.

(A)  Except in case of an emergency, whenever a vehicle is parked or stopped upon a roadway open to traffic or a shoulder adjacent thereto, whether attended or unattended, during the times mentioned in R.C. §4513.03 or a substantially equivalent municipal ordinance, such vehicle shall be equipped with one or more lights which shall exhibit a white or amber light on the roadway side visible from a distance of 500 feet to the front of such vehicle, and a red light visible from a distance of 500 feet to the rear. No lights need be displayed upon any such vehicle when it is stopped or parked within the municipality where there is sufficient light to reveal any person or substantial object within a distance of 500 feet upon such highway. Any lighted headlights upon a parked vehicle shall be depressed or dimmed.

(R.C. §4513.10)

(B)  Whoever violates this section is guilty of a minor misdemeanor.

(R.C. §4513.99)

(Prior Code, §74.08)

§ 74.09  SPOTLIGHT AND AUXILIARY DRIVING LIGHTS.

(A)  (1)   Any motor vehicle may be equipped with not more than one spotlight and every lighted spotlight shall be so aimed and used upon approaching another vehicle that no part of the high-intensity portion of the beam will be directed to the left of the prolongation of the extreme left side of the vehicle, nor more than 100 feet ahead of the vehicle.

(2)   Any motor vehicle may be equipped with not more than three auxiliary driving lights mounted on the front of the vehicle. Any such lights which do not conform to the specifications for auxiliary driving lights and the regulations for their use prescribed by the Director of Public Safety shall not be used.

(B)  Whoever violates this section is guilty of a minor misdemeanor.

(R.C. §4513.12)  (Prior Code, §74.09)

§ 74.10  TWO LIGHTS DISPLAYED.

(A)  At all times mentioned in R.C. §4513.03 or a substantially equivalent municipal ordinance, at least two lighted lights shall be displayed, one near each side of the front of every motor vehicle, except when such vehicle is parked subject to the regulations governing lights on parked vehicles.

(B)  Whoever violates this section is guilty of a minor misdemeanor.

(R.C. §4513.14)  (Prior Code, §74.10)

§ 74.11  HEADLIGHTS REQUIRED.

(A)  Whenever a motor vehicle is being operated on a roadway or shoulder adjacent thereto during the times specified in R.C. §4513.03 or a substantially equivalent municipal ordinance, the driver shall use a distribution of light, or composite beam, directed high enough and of sufficient intensity to reveal persons, vehicles and substantial objects at a safe distance in advance of the vehicle, subject to the following requirements:

(1)   Whenever the driver of a vehicle approaches an oncoming vehicle, such driver shall use a distribution of light, or composite beam, so aimed that the glaring rays are not projected into the eyes of the oncoming driver.

(2)   Every new motor vehicle registered in this state which has multiple-beam road lighting equipment shall be equipped with a beam indicator, which shall be lighted whenever the uppermost distribution of light from the headlights is in use, and shall not otherwise be lighted. This indicator shall be so designed and located that, when lighted, it will be readily visible without glare to the driver of the vehicle.

(B)  Whoever violates this section is guilty of a minor misdemeanor.

(R.C. §4513.15)  (Prior Code, §74.11)

§ 74.12  HORNS, SIRENS, AND WARNING DEVICES.

(A)  (1)   Every motor vehicle when operated upon a highway shall be equipped with a horn which is in good working order and capable of emitting sound audible, under normal conditions, from a distance of not less than 200 feet.

(2)   No motor vehicle shall be equipped with, nor shall any person use upon a vehicle, any siren, whistle, or bell. Any vehicle may be equipped with a theft alarm signal device which shall be so arranged that it cannot be used as an ordinary warning signal. Every emergency vehicle shall be equipped with a siren, whistle or bell, capable of emitting sound audible under normal conditions from a distance of not less than 500 feet and of a type approved by the Director of Public Safety. Such equipment shall not be used except when such vehicle is operated in response to an emergency call or is in the immediate pursuit of an actual or suspected violator of the law, in which case the driver of the emergency vehicle shall sound such equipment when it is necessary to warn pedestrians and other drivers of the approach thereof.

(B)  Whoever violates this section is guilty of a minor misdemeanor.

(R.C. §4513.21)  (Prior Code, §74.12)

§ 74.13  MUFFLERS; EXCESSIVE SMOKE OR GAS.

(A)  (1)   Every motor vehicle and motorcycle with an internal combustion engine shall at all times be equipped with a muffler which is in good working order and in constant operation to prevent excessive or unusual noise, and no person shall use a muffler cutout, bypass or similar device upon a motor vehicle on a highway. Every motorcycle muffler shall be equipped with baffle plates.

(2)   No person shall own, operate or have in the person=s possession any motor vehicle or motorcycle equipped with a device for producing excessive smoke or gas, or so equipped as to permit oil or any other chemical to flow into or upon the exhaust pipe or muffler of such vehicle, or equipped in any way to produce or emit smoke or dangerous or annoying gases from any portion of such vehicle, other than the ordinary gases emitted by the exhaust of an internal combustion engine under normal operation.

(B)  Whoever violates this section is guilty of a minor misdemeanor.

(R.C. §4513.22)  (Prior Code, §74.13)

§ 74.14  REARVIEW MIRRORS.

(A)  Every motor vehicle and motorcycle shall be equipped with a mirror so located as to reflect to the operator a view of the highway to the rear of such vehicle or motorcycle. Operators of vehicles and motorcycles shall have a clear and unobstructed view to the front and to both sides of their vehicles and motorcycles and shall have a clear view to the rear of their vehicles and motorcycles by mirror.

(B)  Whoever violates this section is guilty of a minor misdemeanor.

(R.C. §4513.23)  (Prior Code, §74.14)

§ 74.15  WINDSHIELDS AND WIPERS.

(A)  No person shall drive any motor vehicle on a street or highway in this municipality, other than a motorcycle or motorized bicycle, that is not equipped with a windshield.

(B)  (1)   No person shall drive any motor vehicle, other than a bus, with any sign, poster, or other nontransparent material upon the front windshield, sidewings, side, or rear windows of such vehicle other than a certificate or other paper required to be displayed by law, except that there may be in the lower left-hand or right-hand corner of the windshield a sign, poster, or decal not to exceed four inches in height by six inches in width. No sign, poster, or decal shall be displayed in the front windshield in such a manner as to conceal the vehicle identification number for the motor vehicle when, in accordance with federal law, that number is located inside the vehicle passenger compartment and so placed as to be readable through the vehicle glazing without moving any part of the vehicle.

(2)   Division (B)(1) of this section does not apply to a person who is driving a passenger car with an electronic device, including an antenna, electronic tolling or other transponder, camera, directional navigation device, or other similar electronic device located in the front windshield if either of the following apply to the device:

(a)   It is a Avehicle safety technology@ as defined in 49 C.F.R. §393.5 and complies with 49 C.F.R. §393.60(e)(1)(ii).

(b)   It does not restrict the vehicle operator=s sight lines to the road and highway signs and signals, and it does not conceal the vehicle identification number.

(3)   Division (B)(1) of this section does not apply to a person who is driving a commercial car with an electronic device, including an antenna, electronic tolling or other transponder, camera, directional navigation device, or other similar electronic device located in the front windshield if either of the following apply to the device:

(a)   It is a Avehicle safety technology@ as defined in 49 C.F.R. §393.5 and complies with 49 C.F.R. §393.60(e)(1)(ii).

(b)   It does not restrict the vehicle operator=s sight lines to the road and highway signs and signals, and it is mounted not more than 8.5 inches below the upper edge of the windshield.

(C)  The windshield on every motor vehicle shall be equipped with a device for cleaning rain, snow, or other moisture from the windshield. The device shall be maintained in good working order and so constructed as to be controlled or operated by the operator of the vehicle.

(D)  Whoever violates this section is guilty of a minor misdemeanor.

(R.C. §4513.24)  (Prior Code, §74.15)

§ 74.16  REQUIREMENTS FOR SAFETY GLASS IN MOTOR VEHICLES; USE OF TINTED GLASS OR REFLECTORIZED MATERIAL.

(A)  Safety glass.

(1)   No person shall sell any new motor vehicle nor shall any new motor vehicle be registered, and no person shall operate any motor vehicle, which is registered in this state and which has been manufactured or assembled on or after January 1, 1936, unless the motor vehicle is equipped with safety glass, wherever glass is used in the windshields, doors, partitions, rear windows, and windows on each side immediately adjacent to the rear window.

(2)   As used in this section, SAFETY GLASS means any product composed of glass so manufactured, fabricated, or treated as substantially to prevent shattering and flying of the glass when it is struck or broken, or such other or similar product as may be approved by the Registrar of Motor Vehicles.

(3)   Glass other than safety glass shall not be offered for sale, or sold for use in, or installed in any door, window, partition, or windshield that is required by this section to be equipped with safety glass.

(R.C. §4513.26)

(B)  Tinted or reflectorized material.

(1)   No person shall operate, on any highway or other public or private property open to the public for vehicular travel or parking, lease, or rent any motor vehicle that is registered in this state unless the motor vehicle conforms to the requirements concerning tinted glass and reflectorized material of R.C. §4513.241 and of any applicable rule adopted under that section.

(2)   No person shall install in or on any motor vehicle, any glass or other material that fails to conform to the requirements of R.C. §4513.241 or of any rule adopted under that section.

(3)   (a)   No used motor vehicle dealer or new motor vehicle dealer, as defined in R.C. §4517.01, shall sell any motor vehicle that fails to conform to the requirements of R.C. §4513.241 or of any rule adopted under that section.

(b)   No manufacturer, remanufacturer, or distributor, as defined in R.C. §4517.01, shall provide to a motor vehicle dealer licensed under R.C. Chapter 4517 or to any other person, a motor vehicle that fails to conform to the requirements of R.C. §4513.241 or of any rule adopted under that section.

(4)   No reflectorized materials shall be permitted upon or in any front windshield, side windows, sidewings, or rear window.

(5)   This division (B) does not apply to the manufacturer=s tinting or glazing of motor vehicle windows or windshields that is otherwise in compliance with or permitted by Federal Motor Vehicle Safety Standard #205.

(6)   With regard to any side window behind a driver=s seat or any rear window other than any window on an emergency door, this division (B) does not apply to any school bus used to transport a child with disabilities pursuant to R.C. Chapter 3323, whom it is impossible or impractical to transport by regular school bus in the course of regular route transportation provided by a school district. As used in this division, CHILD WITH DISABILITIES has the same meaning as in R.C. §3323.01.

(7)   This division (B) does not apply to any school bus that is to be sold and operated outside the municipality.

(8)   (a)   This division (B) does not apply to a motor vehicle used by a law enforcement agency under either of the following circumstances:

1. The vehicle does not have distinctive markings of a law enforcement vehicle but is operated by or on behalf of the law enforcement agency in an authorized investigation or other activity requiring that the presence and identity of the vehicle occupants be undisclosed.

2. The vehicle primarily is used by the law enforcement canine unit for transporting a police dog.

(b)   As used in this division, LAW ENFORCEMENT AGENCY means a police department, the office of a sheriff, the State Highway Patrol, a county prosecuting attorney, or a federal, state, or local governmental body that enforces criminal laws and that has employees who have a statutory power of arrest.

(R.C. §4513.241(C) – (J))

(C)  (1)   Whoever violates division (A) of this section is guilty of a minor misdemeanor.

(R.C. §4513.99)

(2)   Whoever violates division (B)(1),(B)(3)(b) or (B)(4) of this section is guilty of a minor misdemeanor.

(3)   Whoever violates division (B)(3)(a) of this section is guilty of a minor misdemeanor if the dealer or the dealer=s agent knew of the nonconformity at the time of sale.

(4)   (a)   Whoever violates division (B)(2) of this section is guilty of a misdemeanor of the fourth degree, except that an organization may not be convicted unless the act of installation was authorized by the board of directors, trustees, partners, or by a high managerial officer acting on behalf of the organization, and installation was performed by an employee of the organization acting within the scope of the person=s employment.

(b)   In addition to any other penalty imposed under this section, whoever violates division (B)(2) of this section is liable in a civil action to the owner of a motor vehicle on which was installed the nonconforming glass or material for any damages incurred by that person as a result of the installation of the nonconforming glass or material, costs of maintaining the civil action, and attorney fees.

(c)   In addition to any other penalty imposed under this section, if the offender previously has been convicted of or pleaded guilty to a violation of division (B)(2) of this section and the offender is a motor vehicle repair operator registered under R.C. Chapter 4775 or a motor vehicle dealer licensed under R.C. Chapter 4517, whoever violates division (B)(2) of this section is subject to a registration or license suspension, as applicable, for a period of not more than 180 days.

(R.C. §4513.241(K))

(Prior Code, §74.16)

Statutory reference:

Recording and reporting violations, certain court requirements, see R.C. ‘ 4513.241(L)

Regulations, see O.A.C. Chapter 4501‑41

LOADS

§ 74.30  SAFETY AND LOAD LIMITS.

(A)  No person in a park shall operate a motor vehicle when such motor vehicle is in excess of the ten‑ton gross load limit without a permit from the Chief Executive Officer.

(B)  PERMIT is herein defined as any written permission by the Chief Executive Officer.

(Prior Code, §74.30)  (Rules and Regs. §16.9)

§ 74.31  PERMIT REQUIRED FOR OPERATION OF TRUCKS IN PARKS.

(A)  No person in a park shall drive a truck, tractor, or other vehicle which is, at that time, used for the transportation of goods or materials over any park road without a permit from the Chief Executive Officer.

(B)  PERMIT is herein defined as any written permission by the Chief Executive Officer.

(Prior Code, §74.31)  (Rules and Regs. §16.8)

§ 74.32  LIMITATION OF LOAD EXTENSION ON LEFT SIDE OF VEHICLE.

(A)  No passenger-type vehicle shall be operated on a highway with any load carried on the vehicle which extends more than six inches beyond the line of the fenders on the vehicle=s left side.

(R.C. §4513.30)

(B)  Whoever violates this section is guilty of a minor misdemeanor.

(R.C. §4513.99)

(Prior Code, §74.32)

§ 74.33  ALL LOADS SHALL BE PROPERLY SECURED.

(A)  No vehicle shall be driven or moved on any highway unless the vehicle is so constructed, loaded, or covered as to prevent any of its load from dropping, sifting, leaking, or otherwise escaping therefrom, except that sand or other substances may be dropped for the purpose of securing traction, or water or other substances may be sprinkled on a roadway in cleaning or maintaining the roadway.

(B)  Except for a farm vehicle used to transport agricultural produce or agricultural production materials or a rubbish vehicle in the process of acquiring its load, no vehicle loaded with garbage, swill, cans, bottles, waste paper, ashes, refuse, trash, rubbish, waste, wire, paper, cartons, boxes, glass, solid waste, or any other material of an unsanitary nature that is susceptible to blowing or bouncing from a moving vehicle shall be driven or moved on any highway unless the load is covered with a sufficient cover to prevent the load or any part of the load from spilling onto the highway.

(R.C. §4513.31)

(C)  Whoever violates this section is guilty of a minor misdemeanor.

(R.C. §4513.99)

(Prior Code, §74.33)

Section

General Provisions
75.01 Provisions applicable to bicycles and electric transportation devices
75.02 Bicycle and electric transportation device operation permitted on roads or designated trails
75.03 Compliance with state law required
75.04 Reckless operation
75.05 Operation of motorcycles; required equipment
75.06 Operation of motorized bicycle
75.07 Rules for bicycles, motorcycles, and snowmobiles
75.08 Prohibition against attaching bicycles, electric transportation devices, and sleds to vehicles
75.09 Riding bicycles; motorcycles abreast
75.10 Equipment of bicycles
75.11 Mountain biking facilities

Statutory reference:

Bicycle regulations to be consistent with state law, see R.C. § 4511.07(A)(8)

Protective eye devices required for motorcycle operators and passengers; helmets required for

  persons under 18 years of age, see O.A.C. ‘ 4501‑17‑01

GENERAL PROVISIONS

§ 75.01  PROVISIONS APPLICABLE TO BICYCLES AND ELECTRIC TRANSPORTATION DEVICES.

(A)  As used in these regulations, ELECTRIC TRANSPORTATION DEVICE means a small electronic transportation device, such as an electric scooter, electric bicycle, electric unicycle, electric personal assistive mobility device, or other similar device equipped with an electric motor. This includes, but is not limited to, all recreational devices such as skateboards, hover boards, caster boards, tricycles, skates, roller blades, and heel wheels if equipped with an electric motor. This does not include any assistive mobility device used by persons with disabilities.

(B)  The provisions of this title that are applicable to bicycles and electric transportation devices apply whenever a bicycle or electric transportation device is operated upon any highway or upon any path set aside for the exclusive use of bicycles.

(C)  Except as provided in division (E) of this section, a bicycle or electric transportation device operator who violates any provisions of this title described in division (B) of this section that is applicable to bicycles or electric transportation devices may be issued a ticket, citation, or summons by a law enforcement officer for the violation in the same manner as the operator of a motor vehicle would be cited for the same violation. A person who commits any such violation while operating a bicycle or electric transportation device shall not have any points assessed against the person=s driver=s license, commercial driver=s license, temporary instruction permit, or probationary license under R.C. §4510.036.

(D)  Except as provided in division (E) of this section, in the case of a violation of any provision of this title, described in division (B) of this section, by a bicycle or electric transportation device operator, electric bicycle operator, or motor vehicle operator when the trier of fact finds that the violation by the motor vehicle operator endangered the lives of bicycle or electric transportation device riders or electric bicycle riders at the time of the violation, the court, notwithstanding any provision of the Ohio Revised Code to the contrary, may require the bicycle or electric transportation device operator, electric bicycle operator, or motor vehicle operator to take and successfully complete a bicycling or similar appropriate skills course approved by the court in addition to or in lieu of any penalty otherwise prescribed by this Traffic Code or the Ohio Revised Code for that violation.

(E)  Divisions (C) and (D) of this section do not apply to violations of R.C. §4511.19, or a substantially equivalent municipal ordinance.

(R.C. §4511.52)  (Prior Code, §75.01)  (Amendment approved 8-1-2022)

§ 75.02  BICYCLE AND ELECTRIC TRANSPORTATION DEVICE OPERATION PERMITTED ON ROADS OR DESIGNATED TRAILS.

No person in a park shall operate a bicycle, electric transportation device, or human-powered vehicles wider than 42 inches and longer than 96 inches except on paved roads, or in areas or on trails designated for such purpose.

(Prior Code, §75.02)  (Rules and Regs. §17.1)  (Amendment approved 8-1-2022)

§ 75.03  COMPLIANCE WITH STATE LAW REQUIRED.

Bicycle operators shall comply with the requirements of all sections of the Ohio Revised Code pertaining to motor vehicles, operators, and bicycles while using MetroParks roads.

(Prior Code, §75.03)  (Rules and Regs. §17.2)

§ 75.04  RECKLESS OPERATION.

No person in a park shall operate a bicycle, electric transportation device, or human-powered vehicle in a reckless manner so as to endanger the operator or any other person or any property. No person shall operate a bicycle in excess of a speed that will permit him or her to bring it to a stop within the assured clear distance ahead. No person in a park shall operate a bicycle or motorized bicycle on a designated mountain bike trail without a helmet.

(Prior Code, §75.04)  (Rules and Regs. §17.3)  (Amendment approved 8-1-2022)

§ 75.05  OPERATION OF MOTORCYCLES; REQUIRED EQUIPMENT.

No person shall operate a motorcycle or motorbike over or upon any roadway within a park without having a muffler in good working order, a fender covering each tire, and, in the night time, having a headlight emitting a white light and a taillight emitting red light.

(Prior Code, §75.05)  (Rules and Regs. §16.14)

§ 75.06  OPERATION OF MOTORIZED BICYCLE.

(A)  Generally. No person shall operate a motorized bicycle, except those that fall under the definition of an electric transportation device, upon a highway or any public or private property used by the public for purposes of vehicular travel or parking, unless all of the following conditions are met:

(1)   The person is 14 or 15 years of age and holds a valid probationary motorized bicycle license issued after the person has passed the test provided for in this section, or the person is 16 years of age or older and holds either a valid commercial driver=s license issued under R.C. Chapter 4506 or a driver=s license issued under R.C. Chapter 4507 or a valid motorized bicycle license issued after the person has passed the test provided for in this section, except that if a person is 16 years of age, has a valid probationary motorized bicycle license, and desires a motorized bicycle license, the person is not required to comply with the testing requirements provided for in this section.

(2)   The motorized bicycle is equipped in accordance with the rules adopted under division (B) of this section and is in proper working order.

(3)   The person, if under 18 years of age, is wearing a protective helmet on the person=s head with the chin strap properly fastened and the motorized bicycle is equipped with a rearview mirror.

(4)   The person operates the motorized bicycle when practicable within three feet of the right edge of the roadway obeying all traffic rules applicable to vehicles.

(B)  Adoption, promulgation of rules. The Director of Public Safety, subject to R.C. Chapter 119, shall adopt and promulgate rules concerning protective helmets, the equipment of motorized bicycles, and the testing and qualifications of persons who do not hold a valid driver=s or commercial driver=s license. The test shall be as near as practicable to the examination required for a motorcycle operator=s endorsement under R.C. §4507.11. The test shall also require the operator to give an actual demonstration of the operator=s ability to operate and control a motorized bicycle by driving one under the supervision of an examining officer.

(C)  Expiration of license. Every motorized bicycle license expires on the birthday of the applicant in the fourth or eighth year after the date it is issued, based on the period of renewal requested by the applicant. No motorized bicycle license shall be issued for a period longer than eight years. A person who is 65 years of age or older may only apply for a motorized bicycle license that expires on the birthday of the applicant in the fourth year after the date it is issued.

(D)  One person on motorized bicycle. No person operating a motorized bicycle shall carry another person upon the motorized bicycle.

(E)  Helmet; rearview mirror. The protective helmet and rearview mirror required by division (A)(3) of this section shall, on and after January 1, 1985, conform with rules adopted by the Director under division (B) of this section.

(F)   State law penalty. Whoever violates division (A), (D), or (E) of this section is guilty of a minor misdemeanor.

(R.C. §4511.521)  (Prior Code, §75.06)  (Amendment approved 8-1-2022)

Statutory reference:

Suspension of probationary motorized bicycle license by the state, see R.C. ‘ 4510.34

§ 75.07  RULES FOR BICYCLES, MOTORCYCLES, AND SNOWMOBILES.

(A)  As used in this section, SNOWMOBILE has the same meaning as given that term in R.C. §4519.01.

(B)  (1)   No person operating a bicycle or electric bicycle shall ride other than upon or astride the permanent and regular seat attached thereto or carry any other person upon such bicycle or electric bicycle other than upon a firmly attached and regular seat thereon, and no person shall ride upon a bicycle or electric bicycle other than upon such a firmly attached and regular seat.

(2)   No person operating a motorcycle shall ride other than upon or astride the permanent and regular seat or saddle attached thereto, or carry any other person upon such motorcycle other than upon a firmly attached and regular seat or saddle thereon, and no person shall ride upon a motorcycle other than upon such a firmly attached and regular seat or saddle.

(3)   No person shall ride upon a motorcycle that is equipped with a saddle other than while sitting astride the saddle, facing forward, with one leg on each side of the motorcycle.

(4)   No person shall ride upon a motorcycle that is equipped with a seat other than while sitting upon the seat.

(5)   No person operating a bicycle or electric bicycle shall carry any package, bundle, or article that prevents the driver from keeping at least one hand upon the handlebars.

(6)   No bicycle, electric bicycle, or motorcycle shall be used to carry more persons at one time than the number for which it is designed and equipped. No motorcycle shall be operated on a highway when the handlebars rise higher than the shoulders of the operator when the operator is seated in the operator=s seat or saddle.

(C)  (1)   Except as provided in division (C)(3) of this section, no person shall operate or be a passenger on a snowmobile or motorcycle without using safety glasses or other protective eye device. Except as provided in division (C)(3) of this section, no person who is under the age of 18 years, or who holds a motorcycle operator=s endorsement or license bearing a Anovice@ designation that is currently in effect as provided in R.C. §4507.13, shall operate a motorcycle on a highway, or be a passenger on a motorcycle, unless wearing a protective helmet on the person=s head, and no other person shall be a passenger on a motorcycle operated by such a person unless similarly wearing a protective helmet. The helmet, safety glasses, or other protective eye device shall conform with rules adopted by the Ohio Director of Public Safety. The provisions of this paragraph or a violation thereof shall not be used in the trial of any civil action.

(2)   (a)   Except as provided in division (C)(3) of this section, no person shall operate a motorcycle with a valid temporary instruction permit and temporary instruction permit identification card issued by the Registrar of Motor Vehicles pursuant to R.C. §4507.05 unless the person, at the time of such operation, is wearing on the person=s head a protective helmet that conforms with rules adopted by the Ohio Director of Public Safety.

(b)   No person shall operate a motorcycle with a valid temporary instruction permit and temporary instruction permit identification card issued by the Registrar of Motor Vehicles pursuant to R.C. §4507.05 in any of the following circumstances:

1. At any time when lighted lights are required by R.C. §4513.03(A)(1);

2. While carrying a passenger;

3. On any limited access highway or heavily congested roadway.

(3)   Divisions (C)(1) and (C)(2)(a) of this section do not apply to a person who operates or is a passenger in an autocycle or cab-enclosed motorcycle when the occupant compartment top is in place enclosing the occupants.

(D)  Nothing in this section shall be construed as prohibiting the carrying of a child in a seat or trailer that is designed for carrying children and is firmly attached to the bicycle or electric bicycle.

(E)  Except as otherwise provided in this division, whoever violates division (B) or (C)(1) or (C)(2) of this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates division (B) or (C)(1) or (C)(2) of this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates division (B) or (C)(1) or (C)(2) of this section is guilty of a misdemeanor of the third degree.

(R.C. §4511.53)  (Prior Code, §75.07)

§ 75.08  PROHIBITION AGAINST ATTACHING BICYCLES, ELECTRIC TRANSPORTATION DEVICES, AND SLEDS TO VEHICLES.

(A)  (1)   No person riding upon any bicycle, electric transportation device, coaster, roller skates, sled, skateboard, or toy vehicle shall attach the same or self to any vehicle upon a roadway.

(2)   No operator shall knowingly permit any person riding upon any bicycle, electric transportation device, coaster, roller skates, sled, skateboard, or toy vehicle to attach the same or self to any vehicle while it is moving upon a roadway.

(3)   This section does not apply to towing a disabled vehicle.

(B)  Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.

(C)  If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under §70.99(B).

(R.C. §4511.54)  (Prior Code, §75.08)  (Amendment approved 8-1-2022)

§ 75.09  RIDING BICYCLES; MOTORCYCLES ABREAST.

(A)  Every person operating a bicycle or electric bicycle upon a roadway shall ride as near to the right side of the roadway as practicable obeying all traffic rules applicable to vehicles and exercising due care when passing a standing vehicle or one proceeding in the same direction.

(B)  Persons riding bicycles, electric bicycles, or motorcycles upon a roadway shall ride not more than two abreast in a single lane, except on paths or parts of roadways set aside for the exclusive use of bicycles, electric bicycles, or motorcycles.

(C)  This section does not require a person operating a bicycle or electric bicycle to ride at the edge of the roadway when it is unreasonable or unsafe to do so. Conditions that may require riding away from the edge of the roadway include when necessary to avoid fixed or moving objects, parked or moving vehicles, surface hazards, or if it otherwise is unsafe or impracticable to do so, including if the lane is too narrow for the bicycle or electric bicycle and an overtaking vehicle to travel safely side by side within the lane.

(D)  Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.

(E)  If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under §70.99(B).

(R.C. §4511.55)  (Prior Code, §75.09)

§ 75.10  EQUIPMENT OF BICYCLES.

(A)  Every bicycle or electric bicycle when in use at the times specified in R.C. §4513.03 or a substantially equivalent municipal ordinance shall be equipped with the following:

(1)   A lamp mounted on the front of either the bicycle or electric bicycle or the operator that shall emit a white light visible from a distance of at least 500 feet to the front and 300 feet to the sides. A generator-powered lamp that emits light only when the bicycle or electric bicycle is moving may be used to meet this requirement.

(2)   A red reflector on the rear that shall be visible from all distances from 100 feet to 600 feet to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle;

(3)   A lamp emitting either flashing or steady red light visible from a distance of 500 feet to the rear shall be used in addition to the red reflector. If the red lamp performs as a reflector in that it is visible as specified in division (A)(2) of this section, the red lamp may serve as the reflector and a separate reflector is not required.

(B)  Additional lamps and reflectors may be used in addition to those required under division (A) of this section, except that red lamps and red reflectors shall not be used on the front of the bicycle or electric bicycle and white lamps and white reflectors shall not be used on the rear of the bicycle or electric bicycle.

(C)  A bicycle or electric bicycle may be equipped with a device capable of giving an audible signal, except that a bicycle or electric bicycle shall not be equipped with nor shall any person use upon a bicycle or electric bicycle any siren or whistle.

(D)  Every bicycle and electric bicycle shall be equipped with an adequate brake when used on a street or highway.

(E)  Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.

(R.C. §4511.56)  (Prior Code, §75.10)

§ 75.11  MOUNTAIN BIKING FACILITIES.

Class 1 electric bicycles are permitted at designated mountain biking facilities. Motorized bicycles, Class 2 and 3 electric bicycles, and all other electric transportation devices are prohibited.

(Amendment approved 8-1-2022)

CHAPTER 90: ANIMALS

Section
90.01 Authority to impound or destroy feral or diseased animals
90.02 Hunting, trapping or molesting wildlife; trapshooting
90.03 Fishing 90.04 Fishing license required
90.05 Household pets and other animals; pets prohibited in play areas
90.06 Releasing or abandoning animals; livestock
90.07 Regulation of horses
90.08 Jacklighting prohibited
Cross-reference: Animal compliance with traffic regulations, see § 72.037

§ 90.01 AUTHORITY TO IMPOUND OR DESTROY FERAL OR DISEASED ANIMALS.

Five Rivers MetroParks shall have the right to impound or destroy any feral or diseased animal found in a park. (Rules and Regs. § 5.8)

§ 90.02 HUNTING, TRAPPING OR MOLESTING WILDLIFE; TRAPSHOOTING.

(A) No person within the confines of a park shall hunt, pursue with dogs, trap, or in any other way molest any wild bird or animal found within the confines of the park, or rob or molest any bird nest, or take the eggs of any bird. (Rules and Regs. § 5.1) (B) (1) Trapshooting. Live birds or fowl shall not be used as targets in trapshooting. (R.C. § 959.17) (2) State law penalty. Whoever violates this division (B) is guilty of a misdemeanor of the fourth degree. (C) No person shall feed wildlife or place food or artificial items that might attract wildlife or that wildlife might consume. (R.C. § 959.99(C)) Penalty, see § 10.99

§ 90.03 FISHING.

(A) No person in a park shall fish in park waters in a manner, or at a time, prohibited by R.C. Chapter 1533 as now in effect or as hereafter amended. The use of hooks left unattended, traps, spears or gigs, or bows and arrows for fishing is prohibited. (B) No person shall fish in park waters in violation of any sign or signs prohibiting fishing or a manner thereof. Ice fishing is prohibited except in areas and at times designated by the Chief Executive Officer. (Rules and Regs. §§ 5.2, 5.3) Penalty, see § 10.99

§ 90.04 FISHING LICENSE REQUIRED.

(A) License required. Except as provided in this section or R.C. § 1533.12(A)(2) or (C), no person, including nonresidents, shall take or catch any fish by angling in any of the waters in the state or engage in fishing in those waters without a license. No person shall take or catch frogs or turtles without a valid fishing license, except as provided in this section. Persons fishing in privately owned ponds, lakes, or reservoirs to or from which fish are not accustomed to migrate are exempt from the license requirements set forth in this section. Persons fishing in privately owned ponds, lakes, or reservoirs that are open to public fishing through an agreement or lease with the division of wildlife shall comply with the license requirements set forth in this section. (B) Fee. The fee for an annual license shall be $39 for a resident of a state that is not a party to an agreement under R.C. § 1533.91. The fee for an annual license shall be $18 for a resident of a state that is a party to such an agreement. The fee for an annual license for residents of this state shall be $18 unless the rules adopted under R.C. § 1533.12(B) provide for issuance of a resident fishing license to the applicant free of charge. Except as provided in rules adopted under R.C. § 1533.12(B)(2), each applicant who is a resident of this state and who at the time of application is 66 years of age or older shall procure a special senior fishing license, the fee for which shall be one-half of the annual resident fishing license fee. (C) Catching frogs, turtles. Any person under the age of 16 years may take or catch frogs and turtles and take or catch fish by angling without a license. (D) Tourist license; fee. The chief of the division of wildlife may issue a tourist’s license expiring 3 days from the effective date of the license to a resident of a state that is not a party to an agreement under R.C. § 1533.91. The fee for a tourist’s license shall be $18. (E) Adoption of rules. The chief shall adopt rules under R.C. § 1531.10 providing for the issuance of a 1-day fishing license to a resident of this state or of any other state. The fee for such a license shall be 55% of the amount established under this section for a tourist’s license, rounded up to the nearest whole dollar. A 1-day fishing license shall allow the holder to take or catch fish by angling in the waters in the state, engage in fishing in those waters, or take or catch frogs or turtles in those waters for 1 day without obtaining an annual license or a tourist’s license under this section. At the request of a holder of a 1-day fishing license who wishes to obtain an annual license, a clerk or agent authorized to issue licenses under R.C. § 1533.13, not later than the last day on which the 1-day license would be valid if it were an annual license, shall credit the amount of the fee paid for the 1-day license toward the fee charged for the annual license if so authorized by the chief. The clerk or agent shall issue the annual license upon presentation of the 1-day license and payment of a fee in an amount equal to the difference between the fee for the annual license and the fee for the 1-day license. Unless otherwise provided by division rule, each annual license shall begin on the first day of March of the current year and expire on the last day of February of the following year. (F) Altered license. No person shall alter a fishing license or possess a fishing license that has been altered. (G) Fraud; procurement of license. No person shall procure or attempt to procure a fishing license by fraud, deceit, misrepresentation, or any false statement. (H) Exemption. Owners of land over, through, upon, or along which any water flows or stands, except where the land is in or borders on state parks or state-owned lakes, together with the members of the immediate families of such owners, may take frogs and turtles and may take or catch fish of the kind permitted to be taken or caught therefrom without procuring a license provided for in this section. This exemption extends to tenants actually residing upon such lands and to the members of the immediate families of the tenants. Residents of state or county institutions, charitable institutions, and military homes in this state may take frogs and turtles without procuring the required license, provided that a member of the institution or home has an identification card, which shall be carried on that person when fishing. (I) Requirement to carry, exhibit license. Every fisher required to be licensed, while fishing or taking or attempting to take frogs or turtles, shall carry the license and exhibit it to any person. Failure to so carry and exhibit the license constitutes an offense under this section. (R.C. § 1533.32) (J) State law penalty. Whoever violates any provision of this section is guilty of a misdemeanor of the fourth degree. (R.C § 1533.99(F)) Penalty, see § 10.99

§ 90.05 HOUSEHOLD PETS AND OTHER ANIMALS; PETS PROHIBITED IN PLAY AREAS.

(A) No persons shall bring pets or other animals onto the grounds of Aullwood Garden, the gardens at Wegerzyn Gardens MetroPark or the farm complexes at Carriage Hill and Possum Creek MetroParks. (B) No persons shall bring, permit, have or keep in the park any dog, cat, household pet or other animal destructive to birds and other wildlife, except that dogs or cats are permitted if they are controlled at all times on a leash not more than 8 feet long. (C) No pets or other animals shall be allowed to become obnoxious or disturbing to the other users of park facilities. (D) No person, while in or on a moving motor vehicle, shall lead or permit to be led, any leashed pet or animal. (E) Pets are not permitted in play equipment areas in a park. (Rules and Regs. §§ 5.4, 5.5) Penalty, see § 10.99

§ 90.06 RELEASING OR ABANDONING ANIMALS; LIVESTOCK.

No person shall herd, graze, drive or permit to run at large within a park, any cattle, horse, mule, donkey, goat, swine, sheep or other animal, or any poultry or other fowl. (Rules and Regs. §§ 5.6, 5.7) (Amendment approved 3-13-2009) Penalty, see § 10.99 Cross-reference: Regulations for permits for use of MetroParks, see Chapter 94

§ 90.07 REGULATION OF HORSES.

(A) No person in a park shall ride a horse except in areas or on trails designated for this use. (B) No person in a park shall ride a horse in such manner as to endanger the rider, the horse or any other person or any property. Horseback riders in a park shall yield right-of-way to pedestrians and motorists at points where bridle trails intersect foot trails, roads, drives and parkways. (C) No person in a park shall leave a horse unattended other than for the purpose of stabling at a designated stable. (D) No person in a park shall over-ride, cruelly mistreat, mutilate, or torture a horse. (Rules and Regs. § 12) Penalty, see § 10.99

§ 90.08 JACKLIGHTING PROHIBITED.

(A) Artificial lighting. No person shall throw or cast the rays of a spotlight or other artificial light from any vehicle into any field, woodland, or forest while having in his or her possession a hunting device, or throw or cast the rays of a spotlight or other artificial light from any vehicle into any field, woodland, or forest for the purpose of locating a wild animal. (B) Exception. This section does not apply to law enforcement officers, wildlife officers, military personnel, and officers or employees of the Department of Natural Resources while in the performance of their duties, or to any landowner or lessee having a reason to use a light while engaged in surveillance or protection of his or her property. (C) Arrest, search, seizure. An officer whose duty it is to enforce this chapter may arrest a person whom he or she has reasonable grounds to believe is violating this section, search the vehicle for firearms or other hunting implements in the possession or under the control of that person, and seize the same. (R.C. § 1533.161) (D) State law penalty. Whoever violates division (A) of this section is guilty of a misdemeanor of the third degree. (R.C. § 1533.99(B))

Section
91.01 Watercraft operation permitted only on designated waters
91.02 Compliance with state law required
91.03 Restrictions on child operators; duty of supervisory adult
91.04 Safe operation
91.05 Unlicensed inflatable watercraft prohibited; freestyle maneuvers
91.06 Motorboats on Huffman Lake and Miller Lakes
91.07 Regulations for Eastwood Lake
91.08 Provisions not applicable to authorized competitions
Statutory reference: Watercraft certificates of title, see R.C. Chapter 1548 Watercraft, vessels and waterways, see R.C. Chapter 1547

§ 91.01 WATERCRAFT OPERATION PERMITTED ONLY ON DESIGNATED WATERS.

No person in a park shall operate a watercraft on any park waters except those designated by the Chief Executive Officer. (Rules and Regs. § 14.1) Penalty, see § 10.99

§ 91.02 COMPLIANCE WITH STATE LAW REQUIRED.

All watercraft and their operators shall comply with the requirements of Chapter 1547 and 1548 of the Ohio Revised Code when using any park waters under the jurisdiction of Five Rivers MetroParks. (Rules and Regs. § 14.2)

§ 91.03 RESTRICTIONS ON CHILD OPERATORS; DUTY OF SUPERVISORY ADULT.

(A) Except as otherwise provided in this division, no person under 16 years of age shall operate a personal watercraft on the waters under the jurisdiction of Five Rivers MetroParks. A person who is not less than 12 nor more than 15 years of age may operate a personal watercraft if a supervising person 18 years of age or older is aboard the personal watercraft and, in the case of a supervising person born on or after January 1, 1982, if the supervising person holds a certificate obtained under R.C. § 1547.05 or, in the case of a rented powercraft, meets the requirements of R.C. § 1547.052(A) and (B). (B) No person under 12 years of age shall operate any vessel on the waters under the jurisdiction of Five Rivers MetroParks unless the person is under the direct visual and audible supervision, during the operation, of a person who is 18 years of age or older. This division does not apply to a personal watercraft, which shall be governed by division (A) of this section, or to a powercraft, other than a personal watercraft, powered by more than 10 horsepower, which shall be governed by division (C) of this section. (C) No person under 12 years of age shall operate on the waters under the jurisdiction of Five Rivers MetroParks a powercraft, other than a personal watercraft, powered by more than 10 horsepower unless the person is under the direct visual and audible supervision, during the operation, of a person 18 years of age or older who is aboard the powercraft and, in the case of such a supervising person born on or after January 1, 1982, who holds a certificate obtained under R.C. § 1547.05 or, in the case of a rented powercraft, meets the requirements of R.C. § 1547.052(A) and (B). (D) No supervising person 18 years of age or older shall permit any person who is under the supervising person’s supervision and who is operating a vessel on the waters in this municipality to violate any section of this chapter, R.C. Chapter 1547 or a rule adopted under it. (R.C. § 1547.06) Penalty, see § 10.99

§ 91.04 SAFE OPERATION.

(A) No person in a park shall operate a watercraft on park waters in such a manner as to endanger the operator or any other person or any property. (B) Every watercraft shall at all times maintain a proper lookout by sight and hearing as well as by all available means appropriate in the prevailing circumstances and conditions so as to make a full appraisal of the situation and of the risk of collision. No person shall operate or permit to be operated any watercraft on park waters, in violation of this rule. (Rules and Regs. §§ 14.4, 14.15)

§ 91.05 UNLICENSED INFLATABLE WATERCRAFT PROHIBITED; FREESTYLE MANEUVERS.

(A) No operator of a personal watercraft, or passenger on a personal watercraft, shall engage in freestyle maneuvers. For the purpose of this section, freestyle maneuvers shall mean the operation or use of a personal watercraft in any manner for which it was not designed. (Rules and Regs. §§ 14.6, 14.14)

§ 91.06 MOTORBOATS

(A) No person shall operate a gas-powered motorboat on park waters except at Eastwood Lake. No person shall operate an electric-powered motorboat on park waters except at Eastwood Lake, the ponds at Englewood MetroPark North Park, and Huffman Lake. Electric-powered motorboat speeds at Englewood MetroPark North Park and Huffman Lake shall not exceed 5mph. The presence of gas motors on boats at the ponds at Englewood MetroPark North Park and Huffman Lake is permitted as long as the motors are not operated. Boat trailers must be parked in designated areas.

§ 91.07 REGULATIONS FOR EASTWOOD LAKE.

(A) No person shall operate a watercraft on the waters of Eastwood Lake in excess of the posted speed limit or at a greater speed than that which will permit him or her to safely bring it to a stop within a distance appropriate to the prevailing circumstances or conditions. (B) No person shall launch a watercraft on to the waters of Eastwood Lake except in areas specifically designated for that purpose. Rigging of sailboats or making repairs to watercraft on launching ramps in such a manner as to impede the use of ramps by others is prohibited. (C) Boat trailers must be parked in designated areas. No person shall knowingly or recklessly launch a watercraft on to the waters of Eastwood Lake when the presence of such watercraft shall exceed the posted boat capacity of the lake. (D) No person shall operate a watercraft on the waters of Eastwood Lake in a manner which violates any sign or posted regulation which regulates the operation of watercraft. (E) No person shall operate a watercraft on the waters of Eastwood Lake so as to create a wake, within 100 feet of shore or in any other restricted area. (Rules and Regs. §§ 14.7, 14.9 – 14.12) Penalty, see § 10.99

§ 91.08 PROVISIONS NOT APPLICABLE TO AUTHORIZED COMPETITIONS.

The provisions of this chapter shall not apply to any watercraft competing in an authorized race as herein provided, held under the auspices of duly incorporated boating or racing associations approved by the Director. (Rules and Regs. § 14.13)

 

 

Section
92.01 Fires
Cross-reference: Regulations for permits for use of MetroParks, see Chapter 94

§ 92.01 FIRES.

No person shall start or maintain a fire in a park except privately owned grills, or fires in designated areas, except that the Director may at his or her discretion prohibit fires for limited periods at any location or for any purpose when necessary for the protection of park property. All fires shall be put out by the person, or persons starting or using the same before leaving the immediate vicinity of the fire. The dumping of hot ashes or fire from portable picnic grills onto the grass or plants is prohibited. No person in a park shall collect wood for any purpose. (Rules and Regs. § 7) Penalty, see § 10.99

Section
93.01 Definitions
93.02 Permit required for sale of alcoholic beverages
93.03 Consumption, possession or display of alcoholic beverages
93.04 Bringing alcohol onto permit premises
93.05 Permit required; activities prohibited without permit
93.06 Underage person shall not purchase intoxicating liquor or beer
93.07 Prohibitions; minors under 18 years; low-alcohol beverages
93.08 Misrepresentation to obtain alcoholic beverage for a minor prohibited
93.09 Misrepresentation by a minor under 21 years
93.10 Sale to underage persons prohibited
93.11 Consumption in motor vehicle prohibited

§ 93.01 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

• ALCOHOL. Ethyl alcohol, whether rectified or diluted with water or not, whatever its origin may be, and includes synthetic ethyl alcohol. The term does not include denatured alcohol and wood alcohol. ALCOHOLIC BEVERAGES. Beer and/or intoxicating liquor as defined in R.C. § 4301.01.
• AT RETAIL. For use or consumption by the purchaser and not for resale.
• BEER. Includes all beverages brewed or fermented wholly or in part from malt products and containing 0.5% or more, but not more than 12%, of alcohol by volume.
• CIDER. All liquids that are fit to use for beverage purposes that contain 0.5% of alcohol by volume, but not more than 6% 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.
• CLUB. A corporation or association of individuals organized in good faith for social, recreational, benevolent, charitable, fraternal, political, patriotic, or athletic purposes, which is the owner, lessor, or occupant of a permanent building or part of a permanent building operated solely for such purposes, membership in which entails the prepayment of regular dues, and includes the place so operated.
• COMMUNITY FACILITY. Means either of the following: (1) Any convention, sports or entertainment facility or complex, or any combination of these, that is used by or accessible to the general public and that is owned or operated in whole or in part by the state, a state agency, or a political subdivision of the state or that is leased from, or located on property owned by or leased from, the state, a state agency, a political subdivision of the state, or a convention facilities authority created pursuant to R.C. § 351.02; (2) An area designated as a community entertainment district pursuant to R.C. § 4301.80.
• CONTROLLED ACCESS ALCOHOL AND BEVERAGE CABINET. A closed container, either refrigerated, in whole or in part, or nonrefrigerated, access to the interior of which is restricted by means of a device that requires the use of a key, magnetic card, or similar device and from which beer, intoxicating liquor, other beverages, or food may be sold.
• HOTEL. The same meaning as in R.C. § 3731.01, subject to the exceptions mentioned in R.C. § 3731.03.
• INTOXICATING LIQUOR and LIQUOR. All liquids and compounds, other than beer, containing 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 they are medicated, proprietary, or patented. INTOXICATING LIQUOR and LIQUOR include wine even if it contains less than 4% of alcohol by volume, mixed beverages even if they contain less than 4% of alcohol by volume, cider, alcohol, and all solids and confections which contain any alcohol.
• LOW-ALCOHOL BEVERAGE. Any brewed or fermented malt product or any product made from the fermented juices of grapes, fruits, or other agricultural products that contains either no alcohol or less than 0.5% of alcohol by volume. The beverages described in this definition do not include a soft drink such as root beer, birch beer, or ginger beer.
• MANUFACTURE. All processes by which beer or intoxicating liquor is produced, whether by distillation, rectifying, fortifying, blending, fermentation, brewing, or in any other manner. MANUFACTURER. Any person engaged in the business of manufacturing beer or intoxicating liquor.
• MIXED BEVERAGES. Bottled and prepared cordials, cocktails, and highballs, produced by mixing any type of whiskey, neutral spirits, brandy, gin or other distilled spirits with, or over, carbonated or plain water, pure juices from flowers and plants, and other flavoring materials. The completed product shall contain not less than 0.5% of alcohol by volume and not more than 21% of alcohol by volume.
• NIGHTCLUB. A place habitually operated for profit, where food is served for consumption on the premises, and 1 or more forms of amusement are provided or permitted for a consideration that may be in the form of a cover charge or may be included in the price of the food and beverages, or both, purchased by patrons.
• PERSON. Includes firms and corporations.
• PHARMACY. An establishment as defined in R.C. § 4729.01, that is under the management or control of a licensed pharmacist in accordance with R.C. § 4729.27.
• RESTAURANT. A place located in a permanent building provided with space and accommodations wherein, in consideration of the payment of money, hot meals are habitually prepared, sold, and served at noon and evening, as the principal business of the place. The term does not include pharmacies, confectionery stores, lunch stands, nightclubs, and filling stations.
• SALE and SELL. The exchange, barter, gift, offer for sale, sale, distribution, and delivery of any kind, and the transfer of title or possession of beer and intoxicating liquor either by constructive or actual delivery by any means or devices whatever, including the sale of beer or intoxicating liquor by means of a controlled access alcohol and beverage cabinet pursuant to R.C. § 4301.21. Such terms do not include the mere solicitation of orders for beer or intoxicating liquor from the holders of permits issued by the Division of Liquor Control authorizing the sale of the beer or intoxicating liquor, but no solicitor shall solicit any orders until the solicitor has been registered with the Division pursuant to R.C. § 4303.25.
• SALES AREA OR TERRITORY. An exclusive geographic area or territory that is assigned to a particular A or B permit holder and that either has 1 or more political subdivisions as its boundaries or consists of an area of land with readily identifiable geographic boundaries. SALES AREA OR TERRITORY does not include, however, any particular retail location in an exclusive geographic area or territory that had been assigned to another A or B permit holder before April 9, 2001.
• SEALED CONTAINER. Any container having a capacity of not more than 128 fluid ounces, the opening of which is closed to prevent the entrance of air.
• SPIRITUOUS LIQUOR. All intoxicating liquors containing more than 21% of alcohol by volume.
• VEHICLE. All means of transportation by land, by water, or by air, and everything made use of in any way for such transportation.
• WHOLESALE DISTRIBUTOR and DISTRIBUTOR. A person engaged in the business of selling to retail dealers for purposes of resale.
• WINE. All liquids fit to use for beverage purposes containing not less than 0.5% of alcohol by volume and not more than 21% of alcohol by volume, which is made from the fermented juices of grapes, fruits, or other agricultural products. Except as provided in R.C. § 4301.01(B)(3), the term does not include cider. (R.C. § 4301.01)

§ 93.02 PERMIT REQUIRED FOR SALE OF ALCOHOLIC BEVERAGES.

No person in a park shall sell or offer for sale any intoxicating liquor or alcoholic beverage, without a permit from the Director. (Rules and Regs. § 6.10) Penalty, see § 10.99 Cross-reference: Regulations for permits for use of MetroParks, see Chapter 94

§ 93.03 CONSUMPTION, POSSESSION OR DISPLAY OF ALCOHOLIC BEVERAGES.

No person shall consume, possess or display the presence of any alcoholic beverage in a park, except within a Designated Outdoor Refreshment Area as defined in R.C. § 4301.82 within an area designated by MetroParks for alcohol consumption, within an area MetroParks holds a liquor permit, or within a reserved building or area which, pursuant to a permit issued by the CEO, has been temporarily reserved by a person or persons to the exclusion of the general public. For the purpose of this section, the term ALCOHOLIC BEVERAGES shall mean beer and/or intoxicating liquor as defined in R.C. § 4301.01. (Rules and Regs. § 6.13) Penalty, see § 10.99 Cross-reference: Regulations for permits for use of MetroParks, see Chapter 94

§ 93.04 BRINGING ALCOHOL ONTO PERMIT PREMISES.

No person in a park shall have in his or her possession an opened container of beer or intoxicating liquor within the designated premises of the holder of any permit from the Department of Liquor Control as defined in R.C. § 4301.62 except as lawfully purchased from the permit holder for consumption on the designated premises. (Rules and Regs. § 6.14) Penalty, see § 10.99

§ 93.05 PERMIT REQUIRED; ACTIVITIES PROHIBITED WITHOUT PERMIT.

(A) Permit required. (1) No person personally or by the person’s 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 this state, or transport, import, or cause to be transported or imported any beer, intoxicating liquor, or alcohol in or into this municipality for delivery, use or sale, unless the person has fully complied with R.C. Chapters 4301 and 4303 or is the holder of a permit issued by the Division of Liquor Control and in force at the time. (2) No manufacturer, supplier, wholesale distributor, broker, or retailer of beer or intoxicating liquor, or other person shall employ, retain, or otherwise utilize any person in this state to act as an employee, agent, solicitor, or salesperson, or act in any other representative capacity to sell, solicit, take orders, or receive offers to purchase or expressions of interest to purchase beer or intoxicating liquor from any person, at any location other than a liquor permit premises, except as specifically authorized by R.C. Chapter 4301 or R.C. Chapter 4303 or rules adopted thereunder. No function, event, or party shall take place at any location other than a liquor permit premises where any person acts in any manner to sell, solicit, take orders, or receive offers to purchase or expressions of intent to purchase beer or intoxicating liquor to or from any person, except as specifically authorized by R.C. Chapter 4301 or R.C. Chapter 4303 Code or rules adopted thereunder. (R.C. § 4303.25) (B) Activities prohibited without permit. (1) No person, personally or by the person’s clerk, agent, or employee, who is not the holder of an A permit issued by the Division of Liquor Control, in force at the time, and authorizing the manufacture of beer or intoxicating liquor, or who is not an agent or employee of the Department authorized to manufacture beer or intoxicating liquor, shall manufacture any beer or intoxicating liquor for sale, or shall manufacture spirituous liquor. (2) No person, personally or by the person’s clerk, agent, or employee, who is not the holder of an A, B, C, D, E, F, G, I, or S permit issued by the Department, in force at the time, and authorizing the sale of beer, intoxicating liquor, or alcohol, or who is not an agent or employee of the Department or the Tax Commissioner authorized to sell beer, intoxicating liquor, or alcohol, shall sell, keep, or possess beer, intoxicating liquor, or alcohol for sale to any persons other than those authorized by this chapter and R.C. Chapters 4301 and 4303 to purchase any beer or intoxicating liquor, or sell any alcohol at retail. This division does not apply to or affect the sale or possession for sale of any low-alcohol beverage. (3) No person, personally or by the person’s clerk, agent, or employee, who is the holder of a permit issued by the Department, shall sell, keep, or possess for sale any intoxicating liquor not purchased from the Department or from the holder of a permit issued by the Department authorizing the sale of intoxicating liquor, unless the same has been purchased with the special consent of the Department. The Department shall revoke the permit of any person convicted of a violation of this division. (R.C. § 4301.58) (C) State law penalty. Whoever violates division (B) of this section is guilty of a misdemeanor of the first degree. (R.C. § 4301.99(C))

§ 93.06 UNDERAGE PERSON SHALL NOT PURCHASE INTOXICATING LIQUOR OR BEER.

(A) Except as otherwise provided in this chapter or in R.C. Chapter 4301, no person under the age of 21 years shall purchase beer or intoxicating liquor. (R.C. § 4301.63) (B) Whoever violates this section shall be fined not less than $25 nor more than $100. The court imposing a fine for a violation of this section may order that the fine be paid by the performance of public work at a reasonable hour rate established by the court. The court shall designate the time within which the public work shall be completed. (R.C. § 4301.99(E))

§ 93.07 PROHIBITIONS; MINORS UNDER 18 YEARS; LOW-ALCOHOL BEVERAGES.

(A) Definition. As used in this section, UNDERAGE PERSON means a person under 18 years of age. (B) Purchase by underage person. No underage person shall purchase any low-alcohol beverage. (C) Underage person; order, pay, share cost. No underage person shall order, pay for, share the cost of, or attempt to purchase any low-alcohol beverage. (D) False information as to name, age, identification of underage person. No person shall knowingly furnish any false information as to the name, age, or other identification of any underage person for the purpose of obtaining or with the intent to obtain any low-alcohol beverage for an underage person, by purchase or as a gift. (E) Knowingly provide false information. No underage person shall knowingly show or give false information concerning his or her name, age, or other identification for the purpose of purchasing or otherwise obtaining any low-alcohol beverage in any place in this municipality. (F) Physician, religious purposes. No person shall sell or furnish any low-alcohol beverage to, or buy any low-alcohol beverage for, an underage person, unless given by a physician in the regular line of his or her practice or given for established religious purposes, or unless the underage person is accompanied by a parent, spouse who is not an underage person, or legal guardian. (G) (1) Knowingly allow underage person to remain on premises. No person who is the owner or occupant of any public or private place shall knowingly allow any underage person to remain in or on the place while possessing or consuming any low-alcohol beverage, unless the low-alcohol beverage is given to the person possessing or consuming it by that person’s parent, spouse who is not an underage person, or legal guardian, and the parent, spouse who is not an underage person, or legal guardian is present when the person possesses or consumes the low-alcohol beverage. (2) Exemption from liability. An owner of a public or private place is not liable for acts or omissions in violation of division (G)(1) that are committed by a lessee of that place, unless the owner authorizes or acquiesces in the lessee’s acts or omissions. (H) Permit; non suspension, revocation No permit issued by the Division of Liquor Control shall be suspended, revoked, or cancelled because of a violation of either division (F) or (G). (I) Exception. No underage person shall knowingly possess or consume any low-alcohol beverage in any public or private place, unless he or she is accompanied by a parent, spouse who is not an underage person, or legal guardian, or unless the low-alcohol beverage is given by a physician in the regular line of his or her practice or given for established religious purposes. (J) Parent, spouse; violation. No parent, spouse who is not an underage person, or legal guardian of an underage person shall knowingly permit the underage person to violate this section. (R.C. § 4301.631) (K) State law penalty. (1) Whoever violates any provision of this section for which no other penalty is provided is guilty of a misdemeanor of the fourth degree. (R.C. § 4301.99(B)) (2) Whoever violates division (B) of this section shall be fined not less than $25 nor more than $100. The court imposing a fine for a violation of division (B) of this section may order that the fine be paid by the performance of public work at a reasonable hour rate established by the court. The court shall designate the time within which the public work shall be completed. (R.C. § 4301.99(E))

§ 93.08 MISREPRESENTATION TO OBTAIN ALCOHOLIC BEVERAGE FOR A MINOR PROHIBITED.

(A) Generally. Except as otherwise provided in this chapter or in R.C. Chapter 4301, no person shall knowingly furnish any false information as to the name, age, or other identification of any person under 21 years of age, for the purpose of obtaining, or with the intent to obtain, beer or intoxicating liquor for a person under 21 years of age, by purchase, or as a gift. (R.C. § 4301.633) (B) State law penalty. Whoever violates this section is guilty of a misdemeanor of the first degree. (R.C. § 4301.99(C))

§ 93.09 MISREPRESENTATION BY A MINOR UNDER 21 YEARS.

(A) Generally. Except as otherwise provided in this chapter or in R.C. Chapter 4301, no person under the age of 21 years shall knowingly show or give false information concerning his or her name, age, or other identification for the purpose of purchasing or otherwise obtaining beer or intoxicating liquor in any place in this municipality where beer or intoxicating liquor is sold under a permit issued by the Division of Liquor Control, or sold by the Division of Liquor Control. (R.C. § 4301.634) (B) State law penalty. (1) Whoever violates division (A) of this section is guilty of a misdemeanor of the first degree. If, in committing a first violation of division (A), the offender presented to the permit holder or his or her 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 $250 and not more than $1,000, and may be sentenced to a term of imprisonment of not more than 6 months. (2) On a second violation in which, for the second time, the offender presented to the permit holder or his or her 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 $500 nor more than $1,000, and may be sentenced to a term of imprisonment of not more than 6 months. The court also may impose a class seven suspension of the offender’s driver’s or commercial driver’s license or permit or nonresident operation privilege from the range specified in R.C. § 4510.02(A)(7). (3) On a third or subsequent violation in which, for the third or subsequent time, the offender presented to the permit holder or his or her 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 $500 nor more than $1,000, and may be sentenced to a term of imprisonment of not more than 6 months. The court also shall impose a class six suspension of the offender’s driver’s or commercial driver’s license or permit or nonresident operating privilege from the range specified in R.C. § 4510.02(A)(6), and the court may order that the suspension or denial remain in effect until the offender attains the age of 21 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. (R.C. § 4301.99(F))

§ 93.10 SALE TO UNDERAGE PERSONS PROHIBITED.

(A) Generally. Except as otherwise provided in this chapter or in R.C. Chapter 4301, no person shall sell beer or intoxicating liquor to an underage person, shall buy beer or intoxicating liquor for an underage person, or shall furnish it to an underage person unless given by a physician in the regular line of the physician’s practice or given for established religious purposes or unless the underage person is supervised by a parent, spouse who is not an underage person, or legal guardian. In proceedings before the Liquor Control Commission, no permit holder, or no employee or agent of a permit holder, charged with a violation of this division shall be charged, for the same offense, with a violation of R.C. § 4301.22(A)(1) or a substantially similar municipal ordinance. (B) Owner or occupant of public or private place. 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 place, unless the owner authorizes or acquiesces in the lessee’s acts or omissions. (C) Hotel, inn, cabin, campground, restaurant. No person shall engage or use accommodations at a hotel, inn, cabin, campground, or restaurant when the person 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 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 licensed health professionals authorized to prescribe drugs and has the drug of abuse in the original container in which it was dispensed to the person. (D) (1) Not required to permit engagement of accommodations. 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 supervised 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) Underage person; engagement of accommodations with false information. 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 the underage person is 21 years of age or older for the purpose of violating this section. (E) (1) Underage person knowingly obtaining intoxicating liquor. No underage person shall knowingly order, pay for, share the cost of, attempt to purchase, possess, or consume any beer or intoxicating liquor in any public or private place. No underage person shall knowingly be under the influence of any beer or intoxicating liquor in any public place. The prohibitions set forth in this division against an underage person knowingly possessing, consuming, or being under the influence of any beer or intoxicating liquor shall not apply if the underage person is supervised by a parent, spouse who is not an underage person, or legal guardian, or the beer or intoxicating liquor is given by a physician in the regular line of the physician’s practice or given for established religious purposes. (2) Diversion program. (a) If a person is charged with violating division (E)(1) of this section in a complaint filed under R.C. § 2151.27, the court may order the child into a diversion program specified by the court and hold the complaint in abeyance pending successful completion of the diversion program. A child is ineligible to enter into a diversion program under this division if the child previously has been diverted pursuant to this division. If the child completes the diversion program to the satisfaction of the court, the court shall dismiss the complaint and order the child’s record in the case sealed under R.C. §§ 2151.356 through 2151.358. If the child fails to satisfactorily complete the diversion program, the court shall proceed with the complaint. (b) If a person is charged in a criminal complaint with violating division (E)(1) of this section, R.C. § 2935.36 shall apply to the offense, except that a person is ineligible for diversion under that section if the person previously has been diverted pursuant to divisions (E)(2)(a) or (E)(2)(b) of this section. If the person completes the diversion program to the satisfaction of the court, the court shall dismiss the complaint and order the record in the case sealed under R.C. § 2953.52. If the person fails to satisfactorily complete the diversion program, the court shall proceed with the complaint. (F) Parent, spouse; violation. 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 R.C. §§ 4301.63, 4301.633, or 4301.634, or any substantially similar municipal ordinance. (G) Provisions to be in writing. 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) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. DRUG OF ABUSE. Has the same meaning as in R.C. § 3719.011. HOTEL. Has the same meaning as in R.C. § 3731.01. LICENSED HEALTH PROFESSIONAL AUTHORIZED TO PRESCRIBE DRUGS and PRESCRIPTION. Have the same meanings as in R.C. § 4729.01. MINOR. A person under the age of 18 years. UNDERAGE PERSON. A person under the age of 21 years. (R.C. § 4301.69) (I) Affect of R.C. §§ 4301.633 through 4301.637. The provisions of R.C. §§ 4301.633 through 4301.637, or substantially similar municipal ordinances, shall not be deemed to modify or affect divisions (A) through (H) of this section or R.C. § 4301.69. (R.C. § 4301.638) (J) State law penalty. (1) Except as provided in division (J)(2) of this section, whoever violates this section is guilty of a misdemeanor of the first degree. If an offender who violates division (E)(1) of this section was under the age of 18 years at the time of the offense and the offense occurred while the offender was the operator of or a passenger in a motor vehicle, the court, in addition to any other penalties it imposes upon the offender, shall suspend the offender’s temporary instruction permit or probationary driver’s license for a period of 6 months. If the offender is 15 years and 6 months of age or older and has not been issued a temporary instruction permit or probationary driver’s license, the offender shall not be eligible to be issued such a license or permit for a period of 6 months. If the offender has not attained the age of 15 years and 6 months, the offender shall not be eligible to be issued a temporary instruction permit until the offender attains the age of 16 years. (R.C. § 4301.99(C)) (2) Whoever violates division (A) of this section is guilty of a misdemeanor, shall be fined not less than $500 nor more than $1000, and in addition to the fine, may be imprisoned for a definite term of not more than 6 months. (R.C. § 4301.99(I))

§ 93.11 CONSUMPTION IN MOTOR VEHICLE PROHIBITED.

(A) Generally. No person shall consume any beer or intoxicating liquor in a motor vehicle. This section does not apply to persons described in R.C. § 4301.62(D) or a substantially similar municipal ordinance. (R.C. § 4301.64) (B) State law penalty. Whoever violates this section is guilty of a misdemeanor of the fourth degree. If an offender who violates this section was under the age of 18 years at the time of the offense, the court, in addition to any other penalties it imposes upon the offender, shall suspend the offender’s temporary instruction permit, probationary driver’s license or driver’s license for a period of not less than 6 months and not more than one year. If the offender is 15 years and 6 months of age or older and has not been issued a temporary instruction permit or probationary driver’s license, the offender shall not be eligible to be issued such a license or permit for a period of 6 months. If the offender has not attained the age of 15 years and 6 months, the offender shall not be eligible to be issued a temporary instruction permit until the offender attains the age of 16 years. (R.C. § 4301.99(B))

Section
94.01 In general; supplemental guidelines
94.02 Permit requirement
94.03 Application for permits
94.04 Processing of application for permits
94.05 Certain routine permits
94.06 Procedures for review; waivers
94.07 Fines

§ 94.01 IN GENERAL; SUPPLEMENTAL GUIDELINES.

To assure good order and the reasonable use of the area and facilities for which a permit is granted, the Executive Director or his or her designee may grant a permit on an exclusive basis for a particular place and time. Subject to the foregoing, and except as hereinafter provided, all MetroParks facilities may be used by members of the general public, without permit, for recreational purposes not inconsistent with the MetroParks Rules and Regulations, the nature of the facility and the safety of the public and of MetroParks property. The Executive Director may, from time to time, establish supplemental guidelines based on the intended use and classification of each facility in the MetroParks system (see § 94.02(D)) and for obtaining permits pursuant to this chapter. Such guidelines shall be based on a due regard for the purpose for which the facility is established, the safety of those using the facility, of park employees and of the public, the safety and maintenance of MetroParks property, the need for and the availability of supervisory personnel, and the maximum number of people who can safely use the facility at one time. (Approved 3-13-2009)

§ 94.02 PERMIT REQUIREMENT.

(A) General. No person shall, without a permit: (1) Conduct, sponsor or promote any meeting, speech, picnic or other public activity involving more than 200 individuals; (2) Circulate or distribute any leaflets, handbills, notices, pamphlets, books, documents or papers of any kind in any special event facility, limited use area or other area not designated for public assembly; (3) Conduct any exhibit, music or dramatic performance, wedding, fair, circus, concert, festival, parade, play, radio or television broadcast, other than a news transmission; (4) Exhibit or display any motion picture, television program, light or laser light display, or similar event; or film a media broadcast (other than a news transmission), motion picture, or still commercially distributed photography; (5) Operate a vehicle (other than a personal mobility device for handicap accessibility), except upon park roadways or parking lots, or upon a publicly dedicated street, alley, watercourse or other thoroughfare which may abut or traverse a park; (6) Operate or play a radio, TV, musical instrument or other amplifying or sound equipment, except that an individual may operate a radio, recorder, compact disc player or other device possessed and used by an individual for his or her own enjoyment so long as it is operated in such a manner as not to interfere with the use and enjoyment of the park by any other person; (7) Station or erect any building, tent, play equipment, mechanical ride, canopy, stand, bandstand, stage, tower, scaffold, sound stage, platform, rostrum or other structure (except beach umbrellas and similar items to provide personal shade); (8) Station or use any electrical or electronic device or equipment that would require outdoor auxiliary power; (9) Sell or offer for sale any article, thing, privilege or service (unless such sale or offer is pursuant to a contract with MetroParks), or otherwise use a park for commercial purposes; (10) Post, distribute or place any sign, advertisement, circular, notice or statement, or display any banner, emblem or design, other than a permanent sign (painted or otherwise not readily removable) on a vehicle; or display, post or distribute any other writing containing commercial advertising matter within the MetroParks system; (11) Bring, land or cause to ascend or descend or alight within MetroParks property, any airplane, helicopter, flying machine, hot air balloon, parachute or other apparatus for aviation; (12) Conduct any sporting event (i.e., a pre-arranged activity involving organized teams or clubs, spectators or the like); (13) Bring onto MetroParks property a non-domestic animal or release or abandon any animal, domestic or wild; (14) Possess, ignite or discharge any fireworks or have in his or her possession or detonate any explosives or explosive devices; (15) Sell or offer for sale any intoxicating liquor or alcoholic beverage (see § 93.02); or consume, possess or display the presence of any alcoholic beverage (see § 93.03); (16) Take surveys or collect signatures in a place other than an area designated as a public forum (which, for these purposes, shall include the parking and public areas adjacent to the Second Street Public Market, but not the market building itself); (17) Ride any horse except on designated horse trails; (18) Conduct a religious or political event (i.e., a pre-arranged activity, ceremony, speech, parade, rally or the like); (19) Remove any property, or part thereof, which is owned, leased, managed or otherwise controlled by MetroParks, from a park (see § 131.13(A) of these Rules); (20) Camp or establish or maintain any camp or other temporary lodging or overnight sleeping place within a park in other than a designated camping area. (B) Permits for activities involving more than 500 individuals. No activity involving more than 500 individuals shall be held within 2,500 feet nor within 2 hours of any other activity involving more than 500 individuals. (C) Events sponsored by MetroParks. No permit shall be required for an event or activity sponsored or co-sponsored by MetroParks. The Executive Director may nevertheless require co-sponsors to comply with those portions of the permit requirements that the Executive Director deems applicable. (D) All park property is classified under the following system: (1) Public forums: (a) Special event facilities, such as Island MetroPark band shell and RiverScape MetroPark pavilion. (b) Temporary festival areas. (c) All land areas not designated as “limited use” or “not designated for public assembly.” (2) Limited use areas: (a) Second Street Public Market. (b) Farm facilities, fields, buildings, structures, improvements, riding center and other areas associated with the farms at Carriage Hill MetroPark and Possum Creek MetroPark. (c) All visitor centers, education buildings and other public use buildings. (d) Gardens at Cox Arboretum MetroPark, Wegerzyn Gardens MetroPark, RiverScape MetroPark, Deeds Point MetroPark and Aullwood Garden MetroPark. (e) Children’s play areas, including the Wegerzyn MetroPark Children’s Garden, RiverScape MetroPark interactive fountain and adventure play areas. (f) Shelters and reserveable picnic areas. (g) All trails, including recreation, hiking, biking and horseback riding trails. (h) Areas within 50 feet of waters’ edge or on water. (i) Maintenance, operational and administrative facilities. (3) Areas of facilities not designated for public assembly: (a) Areas under conservation stewardship, including but not limited to prairies, woods, meadows, and wetlands. (b) Areas within 50 feet of public road right-of-way (with the exception of RiverScape, where the limitation is within 10 feet of public road right-of-way). (E) The purpose of these designations is to assign activities for which permits are issued to appropriate public forums or, if applicable, limited use areas, in order to assure that park facilities are used for the purposes for which they are designed and for the other purposes described in division (A) of this section. The Executive Director may from time to time modify these designations as to particular park properties and may issue maps and/or guidelines establishing the areas with specificity. (Approved 3-13-2009)

§ 94.03 APPLICATION FOR PERMITS.

Any person seeking the issuance of a permit shall apply for a permit by filing a written application for permit on a form prescribed by the Executive Director. The application shall be made at least 90 days prior to the event if the event’s projected attendance is 500 people or more and 60 days prior to the event if the event’s projected attendance is less than 500 people unless a lesser amount of time is specifically permitted by the Executive Director. Applications involving any of the activities listed in § 94.02(A) shall be filed at MetroParks administrative offices, 409 E. Monument Ave., Third Floor, Dayton, OH 45402, or through such on-line application process as may be provided by MetroParks. (A) Indemnification and reimbursement agreement. No application for permit shall be granted unless the applicant shall have executed an agreement with MetroParks, on a form to be prescribed by the Executive Director, in which the applicant shall promise and covenant to bear all costs of setting up, policing, producing, cleaning up and restoring the park upon conclusion of the event or activity; to reimburse MetroParks for any such costs incurred by MetroParks; and to indemnify MetroParks and hold MetroParks harmless from any liability to any person resulting from any damage or injury occurring in connection with the permitted event proximately caused by the action of the permittee, the sponsoring organization, its officers, employees or agents or any person under their control insofar as permitted by law. (B) Security deposit. No application for permit shall be granted unless the applicant has paid, within the time prescribed by the Executive Director, the security deposit in an amount in accordance with the schedule of fees set by the Executive Director and approved by the Board. The amount of the security deposit set in the schedule of fees shall be equal to the estimated cost of policing, cleaning up, and restoring the park upon the conclusion of the use or activity. Within 72 hours after the conclusion of a permit activity, MetroParks shall inspect the premises and equipment used by the permittee. (1) If it is determined that there has been no damage to MetroParks property or equipment beyond reasonable wear and tear and that any cost reimbursements or other amounts owed to MetroParks have been paid, the security deposit shall be refunded in full within 30 days of the conclusion of the permitted event. (2) If it is determined by such inspection, that the permitted event proximately caused damage to MetroParks property in excess of normal wear and tear and which requires repairs in excess of routine maintenance or it is determined that the permittee will be charged with a violation of these Rules and Regulations, MetroParks shall retain the security deposit or any portion thereof necessary to pay for the cost of repair and any fines assessed against the permittee pursuant to R.C. § 1545.99 (§ 10.99 of these Rules). The Executive Director or his or her designee shall given written notice of the assessment of damages or fine and retention of the security deposit to the permittee by personal delivery or by deposit in the United States mail, with proper postage prepaid to the name and address set forth in the application for permit. Any assessment of damages or fine in excess of the security deposit and any assessment of damages in excess of the security deposit, shall be paid to MetroParks within 10 days after notice of such assessment of damages or fine is sent. Retention of all or a portion of a security deposit shall be subject to the appeal procedures contained in § 94.05(A), (C) Fees for use of park facilities. No application for permit shall be granted unless the applicant has paid, within the time prescribed by the Executive Director, a user fee and any other required fee in an amount in accordance with the schedule of fees (if any) set by the Executive Director and approved by the Board. No application for permit shall be granted unless all required fees are paid as specified in § 94.04(B). (D) Insurance. Applicant shall procure and maintain at all times during its use of MetroParks property, insurance in such amounts and with such coverages as shall reasonably be required by MetroParks and shall name MetroParks (and, when applicable, the City of Dayton and/or the Miami Conservancy District) as an additional insured(s) thereunder. The amounts and type of insurance required shall be determined by the Executive Director, based upon the nature of the activity and the risk involved. Applicant shall provide MetroParks with a certificate from an insurer evidencing such coverage prior to applicant’s use of MetroParks property, and within the time prescribed by the Executive Director. The certificate shall also provide that the insurer shall give the MetroParks reasonable advance notice of insurer’s intent to cancel the insurance coverage provided. (E) Permits not transferable. No permit or conditionally approved permit application may be transferred. (Approved 3-13-2009)

§ 94.04 PROCESSING OF APPLICATION FOR PERMITS.

(A) Order. Applications for permits shall be processed in order of receipt, and the use of a particular park or part thereof shall be allocated in order of receipt of fully executed applications accompanied by the application fee. (B) Conditional approval. (1) Applications for permits for activities or events which require insurance, approval or permits from other governmental entities, or compliance with other terms or conditions, will be reviewed and, if the application otherwise conforms to all other requirements, a conditional approval will be issued. If, within the time prescribed by the Executive Director, any required fee or security deposit is not paid, or an insurance certificate evidencing the requisite insurance is not filed, or the approval or permit of other governmental entities has not been received, or the other terms and conditions have not been met, the conditional approval will automatically expire, the application for permit will be deemed denied and no written notice of denial will be required. For events or activities described in this chapter, § 94.02(A)(1), (3), (4), (5), (7), (8), (9), (11), (12), (14), (15), or (18), above, all terms and conditions for issuance of the permit, including securing insurance and payment of all fees and security deposit, must be completed at least 30 days prior to the event unless a different time period is prescribed by the Executive Director. (2) No permit shall be issued unless all applicable fees and security deposit are paid within the times prescribed by the Executive Director. Failure to pay fees or security deposit within that time shall cause the application to be deemed denied, without further notice to the applicant. (C) Written denials. If no written denial or conditional approval is issued within 21 days of the date on which a permit application is fully completed, executed and filed, the application shall be deemed to have been granted a conditional approval pursuant to division (B) of this section. However, MetroParks may extend the period of review for an additional 14 days by issuance of a written notice of extension. If, upon the expiration of the extended review period, no written denial has been issued, the application for permit shall be deemed to have been granted a conditional approval pursuant to division (B) of this section. The granting of conditional approval does not relieve the applicant from the obligation to comply with any requirements regarding fees, insurance, security deposits and the like, and to that end the applicant still must obtain the permit and comply with its requirements. (D) Notice of extended review or denial or issuance of permit. Written notice of denial or notice of extension shall be served on the applicant by personal delivery, or by deposit in United States certified mail, with proper postage prepaid, to the name and address set forth on the application for permit. (E) Contents of notice; grounds for denial. (1) Notice of denial of an application for permit shall clearly set forth the grounds upon which the permit was denied and, where feasible, shall contain a proposal by MetroParks for measures by which the applicant may timely cure any defects in the application for permit or otherwise procure a permit. Where an application or permit has been denied because a fully executed prior application for the same time and place has been received, and a permit has been or will be granted to the prior applicant authorizing uses or activities which do not reasonably permit multiple occupancy of the particular area, MetroParks shall propose an alternative place, if available for the same time, or an alternative time, if available for the same place. (2) To the extent permitted by law, MetroParks may deny an application for permit if the applicant or the person on whose behalf the application for permit was made has on prior occasions made material misrepresentations regarding the nature or scope of an event or activity previously permitted or has violated the terms of prior permits issued to or on behalf of the applicant. MetroParks may also deny an application for permit on any of the following grounds: (a) The application for permit (including any required attachments and submissions) is not fully completed and executed; (b) The applicant has not tendered the required user fee, indemnification agreement, insurance certificate, or security deposit within the times prescribed by the Executive Director; (c) The application for permit contains a material falsehood or misrepresentation; (d) The applicant is legally incompetent to contract or to sue and be sued; (e) The applicant or the person on whose behalf the application for permit was made has on prior occasions damaged MetroParks property and has not paid in full for such damage, or has other outstanding and unpaid debts to MetroParks; (f) A fully executed prior application for permit for the same time and place has been received, and a permit has been or will be granted to a prior applicant authorizing uses or activities which do not reasonably permit multiple occupancy of the particular park or part hereof; (g) The use or activity intended by the applicant would conflict with previously planned programs organized and conducted by MetroParks and previously scheduled for the same time and place; (h) The proposed use or activity is prohibited by or inconsistent with the classifications and uses of the park or part thereof designated pursuant to § 94.02(D); (i) The use or activity intended by the applicant would present an unreasonable danger to the health or safety of the applicant, or other users of the park, of MetroParks employees or of the public; (j) The use or activity intended by the applicant is prohibited by law, by this Code and ordinances of MetroParks, or by the regulations of the Executive Director; or (k) Due to excessive light, noise, odor, traffic or other impacts not confined to the MetroParks facility, the use or activity intended by the applicant would cause unreasonable disturbance or disruption to neighbors of the MetroParks facility. (F) Amendment or revision of applications. Any amendment or revision of an application or permit shall, for purposes of determining the priority of the application for permit, relate back to the original filing thereof; but the time in which MetroParks shall grant or deny the application for permit and serve notice of such granting or denial shall be computed from the date of the amendment or revision. (Approved 3-13-2009)

§ 94.05 CERTAIN ROUTINE PERMITS.

(A) Types of routine permits. MetroParks recognizes that certain activities for which permits are required relate to the reservation or use of facilities for the purposes for which they were designed. These include reserving reserveable shelters for picnics and similar uses, picnics for more than 100 but fewer than 250 persons and overnight camping at designated camping areas. Permits for the regular, routine purposes as outlined in this division (A) shall be handled in the manner set forth in division (B) of this section. (B) Procedures for routine permits. For routine permits that are either described in division (A) of this section or are otherwise authorized by the Executive Director to be handled as routine permits, the following procedures shall apply: (1) Any person seeking the issuance of a routine permit shall apply for the permit by filing a written application for permit at least 7 days prior to the event on a form prescribed by the Executive Director. Applications shall be filed at MetroParks administrative offices, 409 E. Monument Ave., Third Floor, Dayton, OH 45402, or through such on-line application process as may be provided by MetroParks. (2) Although applicants for a routine permit shall not be required to provide an indemnification agreement (as described in § 94.03(B)) or insurance (as described in § 94.03(E)), and generally (with some exceptions) are not subject to the payment of a user fee (as described in § 94.03(D)), the applicant nevertheless shall be obligated to reimburse MetroParks for any costs incurred by MetroParks, and to assume responsibility for personal injury or property damage, resulting from the negligence or misconduct of the permittee, the sponsoring organization, its officers, employees or agents or any person under their control as permitted by law. (3) The security deposit provisions of § 94.03(C) shall apply to routine permits relating to reserveable shelters and areas, camping sites and meeting rooms. (4) Routine permits may be granted by the Executive Director or his or her designee. Any permit that requires a security deposit shall be conditioned upon receipt of the security deposit and shall not be effective unless the security deposit is received. Denial of a permit may be made on any of the grounds set forth in § 94.04(E). Denial shall be made within 3 business days after receipt of the application and shall otherwise be made in writing and in accordance with the procedures set forth in §§ 94.04(D) and 94.04(E). If time permits (prior to the scheduled event), the appeal procedures set forth in § 94.06 shall apply to routine permits. (Approved 3-13-2009)

§ 94.06 PROCEDURES FOR REVIEW; WAIVERS.

(A) Review by Director. (1) Any applicant who is denied a permit or denied a request for a waiver of user fee, security deposit, or certificate of insurance, or a permittee who has had all or a portion of its security deposit retained because it was assessed damages or a fine pursuant to this chapter may, within 7 days of the service of notice of such determination, file a written appeal from such determination with the Executive Director; (2) The Executive Director shall have 7 days from the date on which the appeal was received in which to serve upon the applicant a notice that he or she has affirmed, modified or reversed the denial of the permit or the request for a waiver or the retention of security deposit; (3) Such notice shall be deemed served upon the applicant or permittee when it is personally delivered or when it is sent by United States certified mail, with proper postage prepaid, to the name and address set forth on the application for permit; (4) If such notice is not served upon the applicant or permittee within 7 days of the date upon which the appeal was filed, then the denial of the permit or the request for a waiver or retention of security deposit shall be deemed reversed. (B) Form of appeals. Any appeals filed pursuant to this chapter shall state succinctly the grounds upon which it is asserted that the determination should be modified or reversed and shall be accompanied by copies of the application for permit, the written notice of the determination of MetroParks, and any other papers material to the determination. (C) Waiver of requirements. Any requirements for a user fee, security deposits or certificate of insurance shall be waived by the Executive Director, if the activity is protected by the First Amendment of the Untied States Constitution and the requirement would be so financially burdensome that it would preclude the applicant from using MetroParks property for the proposed activity. The Executive Director also shall have the right, in his discretion, to allow a permit to be processed as a routine permit under § 94.05(B), regardless of whether the permit application falls into 1 of the categories described in § 94.05(A). Fees for equipment and services shall not be waived pursuant to this division, nor shall any waiver apply with respect to the obligation of a permittee to reimburse MetroParks for costs incurred as described in § 94.03(B). Application for a waiver of a user fee, security deposit, or certificate of insurance shall be made on a form prescribed by the Executive Director and must include an affidavit by applicant and sufficient financial information about the applicant to enable the Executive Director to determine whether the requirements(s) would be so financially burdensome that is would preclude the applicant from using MetroParks property for the proposed activity. If the Executive Director determines that the applicant does not have sufficient funds to satisfy the user fee requirement prior to the proposed event, but that the applicant intends to raise sufficient funds at the event, the Executive Director shall require the applicant to pay such user fee out of the proceeds of the proposed event. If no written denial is issued within 14 days of the date on which the application for such waiver is fully completed, executed and filed with the Executive Director, the waiver request shall be deemed approved, contingent upon the applicant complying with all other permit requirements. Denials of request for such waivers shall be subject to the appeal procedures contained in division (A) of this section. (Approved 3-13-2009)

§ 94.07 FINES.

The violation by a permittee of the terms of his or her permit or the rules and regulations of MetroParks shall subject the permittee to fines pursuant to R.C. § 1545.99 (see § 10.99 of these Rules). Each day that a violation continues shall be deemed a separate offense. Such fines may be assessed against any security deposit held by MetroParks on behalf of the permittee, pursuant to § 94.03(C)(2), above. Any assessment of fines in excess of any security deposit shall be subject to the procedures contained in § 94.03(C)(2). (Approved 3-13-2009)

Section

130.01 Application of Title XIII
130.02 Definitions
130.03 Classification of offenses
130.04 Common law offenses abrogated
130.05 Rules of construction
130.06 Limitation of criminal prosecutions
130.07 Requirements for criminal liability; voluntary intoxication
130.08 Culpable mental states
130.09 Organizational criminal liability
130.10 Personal accountability for organizational conduct
130.11 Attempt
130.12 Complicity
130.13 Presumption of innocence; proof of offense; affirmative defense
130.14 Battered woman syndrome
130.15 Delinquency adjudications deemed convictions
130.16 Criminal law jurisdiction
130.17 Disposition of unclaimed or forfeited property held by Police Department
130.18 Imposing sentence for misdemeanor
130.19 Multiple sentences
130.20 Apprehension, detention, or arrest of persons on bond
130.21 Self defense: limitations on duty to retreat prior to using force
130.99 Penalty

Statutory reference:
Mayor‘s Court generally, see R.C. Chapter 1905
 Municipal Court generally, see R.C. Chapter 1901
Trials, Magistrate Courts, see R.C. Chapter 2938

§§ 130.01  APPLICATION OF TITLE XIII.

(A)  Title XIII of this code of ordinances embodies and prescribes penalties for offenses against the municipality not classifiable in previous titles and chapters. The word Amisdemeanors@, as used in this title, is not exhaustive and does not imply that offenses found elsewhere in this code of ordinances are not also misdemeanors and punishable as such.

(B)  Each act or omission for which a fine, imprisonment, or both is provided under this Title or elsewhere in this code, or each act or omission which is declared a violation of this code, is unlawful and is hereby made a misdemeanor. Upon conviction, the penalty or penalties so provided shall be imposed by the court.

§§ 130.02  DEFINITIONS.

For the purpose of this title, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CONTRABAND. Any property that is illegal for a person to acquire or possess under a statute, ordinance, or rule, or that a trier of fact lawfully determines to be illegal to possess by reason of the property’s involvement in an offense. CONTRABAND includes, but is not limited to, all of the following:

(1)   Any controlled substance, as defined in R.C. §3719.01, or any device or paraphernalia related thereto;

(2)   Any unlawful gambling device or paraphernalia; and

(3)   Any dangerous ordnance or obscene material.

DANGEROUS OFFENDER. A person who has committed an offense, whose history, character and condition reveal a substantial risk that he or she 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.

DEADLY FORCE. Any force that carries a substantial risk that it will proximately result in the death of any person.

FORCE. Any violence, compulsion, or constraint physically exerted by any means upon or against a person or thing.

LAW ENFORCEMENT OFFICER. Any of the following:

(1)   A sheriff, deputy sheriff, constable, police officer of a township or joint township police district, marshal, deputy marshal, municipal police officer, member of a police force employed by a metropolitan housing authority under R.C. §3735.31(D) or state highway patrol trooper.

(2)   An officer, agent, or employee of the state or any of its agencies, instrumentalities, or political subdivisions, upon whom, by statute, a duty to conserve the peace or to enforce all or certain laws is imposed and the authority to arrest violators is conferred, within the limits of such statutory duty and authority.

(3)   The Mayor, in a capacity as chief conservator of the peace within the municipality.

(4)   A member of an auxiliary police force organized by the county, township, or municipal law enforcement authorities, within the scope of the member’s appointment or commission.

(5)   A person lawfully called pursuant to R.C. §311.07 to aid a sheriff in keeping the peace, for the purposes and during the time when the person is called.

(6)   A person appointed by a Mayor pursuant to R.C. §737.01 as a special patrolling officer during a riot or emergency, for the purposes and during the time when the 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)   A veterans’ home police officer appointed under R.C. §5907.02.

(10)  A member of a police force employed by a regional transit authority under R.C. §306.35(Y).

(11)  A special police officer employed by a port authority under R.C. §4582.04 or 4582.28.

(12)  The House of Representatives Sergeant at Arms if the House of Representatives Sergeant at Arms has arrest authority pursuant to R.C. §101.311(E)(1) and an Assistant House of Representatives Sergeant at Arms.

(13)  The Senate Sergeant at Arms and an Assistant Senate Sergeant at Arms;

(14)  A special police officer employed by a municipal corporation at a municipal airport, or other municipal air navigation facility, that has scheduled operations, as defined in 14 C.F.R. §119.3, as amended, and that is required to be under a security program and is governed by aviation security rules of the Transportation Security Administration of the United States Department of Transportation as provided in 49 C.F.R. parts 1542 and 1544, as amended.

NOT GUILTY BY REASON OF INSANITY. A person is NOT GUILTY BY REASON OF INSANITY relative to a charge of an offense only if the person proves, in the manner  specified in R.C. §2901.05, that at the time of the commission of the offense, he or she did not  know, as a result of a severe mental disease or defect, the wrongfulness of his or her acts.

OFFENSE OF VIOLENCE.

(1)   A violation of R.C. §2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.18, 2903.21, 2903.211, 2903.22, 2905.01, 2905.02, 2905.11, 2905.32, 2907.02, 2907.03, 2907.05, 2909.02, 2909.03, 2909.24, 2911.01, 2911.02, 2911.11, 2917.01, 2917.02, 2917.03, 2917.31, 2917.321, 2919.25, 2921.03, 2921.04, 2921.34, or 2923.161, of division (A)(1) of R.C. §2903.34, of division (A)(1), (A)(2) or (A)(3) of R.C. §2911.12, or of division (B)(1), (B)(2), (B)(3) or (B)(4) of R.C. §2919.22, or felonious sexual penetration in violation of former R.C. §2907.12;

(2)   A violation of an existing or former municipal ordinance or law of this or any other state or of the United States, substantially equivalent to any section, division or offense listed in division (1) of this definition;

(3)   An offense, other than a traffic offense, under an existing or former municipal ordinance or law of this or any other state or of 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 (1), (2), or (3) of this definition;

(5)   A violation of division (C) of R.C. §959.131.

PERSON.

(1)   (a)   Subject to division (2) of this definition, as used in any section contained in Title XIII of this code that sets forth a criminal offense, the term includes all of the following:

1. An individual, corporation, business trust, estate, trust, partnership and association.

1. An unborn human who is viable.

(b)   As used in any section contained in Title XIII of this code that does not set forth a criminal offense, the term includes an individual, corporation, business trust, estate, partnership and association.

(c)   As used in division (1)(a)2. of this definition, Aunborn human@ means an individual organism of the species Homo sapiens from fertilization until live birth. AViable@ means the stage of development of a human fetus at which there is a realistic probability of maintaining and nourishing of a life outside the womb with or without temporary artificial life-sustaining support.

(2)   Notwithstanding division (1)(a) of this definition, in no case shall the portion of the definition of the term Aperson@ that is set forth in division (1)(a)2. of this definition be applied or construed in any section contained in Title XIII of this code that sets forth a criminal offense in any of the following manners:

(a)   Except as otherwise provided in division (2)(a) of this definition, in a manner so that the offense prohibits or is construed as prohibiting any pregnant woman or her physician from performing an abortion with the consent of the pregnant woman, with the consent of the pregnant woman implied by law in a medical emergency, or with the approval of one otherwise authorized by law to consent to medical treatment on behalf of the pregnant woman. An abortion that violates the conditions described in the immediately preceding sentence may be punished as a violation of R.C. §2903.01, 2903.02, 2903.03, 2903.04, 2903.05, 2903.06, 2903.08, 2903.11, 2903.12, 2903.13, 2903.14, 2903.21 or 2903.22, or any substantially equivalent municipal ordinance, as applicable. An abortion that does not violate the conditions described in the second immediately preceding sentence but that does violate R.C. §2919.12, 2919.13(B), 2919.15, 2919.151, 2919.17 or 2919.18, or any substantially equivalent municipal ordinance, may be punished as a violation of such section, as applicable. Consent is sufficient under this division if it is of the type otherwise adequate to permit medical treatment to the pregnant woman, even if it does not comply with R.C. §2919.12.

(b)   In a manner so that the offense is applied or is construed as applying to a woman based on an act or omission of the woman that occurs while she is or was pregnant and that results in any of the following:

1. Her delivery of a stillborn baby;

1. Her causing, in any other manner, the death in utero of a viable, unborn human that she is carrying;

1. Her causing the death of her child who is born alive but who dies from one or more injuries that are sustained while the child is a viable, unborn human;

1. Her causing her child who is born alive to sustain one or more injuries while the child is a viable, unborn human;

1. Her causing, threatening to cause, or attempting to cause, in any other manner, an injury, illness, or other psychological illness or condition, regardless of its duration or gravity, to a viable, unborn human that she is carrying.

PHYSICAL HARM TO PERSONS. Any injury, illness, or other physiological impairment, regardless of its gravity or duration.

PHYSICAL HARM TO PROPERTY. Any tangible or intangible damage to property that, in any degree, results in loss to its value or interferes with its use or enjoyment. The term does not include wear and tear occasioned by normal use.

PRIVILEGE. An immunity, license, or right conferred by law, or bestowed by express or implied grant, or arising out of status, position, office, or relationship, or growing out of necessity.

PROPERTY.

(1)   Any property, real or personal, tangible or intangible, and any interest or license in that property. The term includes but is not limited to cable television service, other telecommunications service, telecommunications devices, information service, computers, data, computer software, financial instruments associated with computers, other documents associated with computers, or copies of the documents, whether in machine or human-readable form, trade secrets, trademarks, copyrights, patents, and property protected by a trademark, copyright or patent. AFinancial 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 definition, Atrade secret@ has the same meaning as in R.C. §1333.61, and Atelecommunications service@ and Ainformation service@ have the same meanings as in R.C. §2913.01.

(3)   As used in this definition and in the definition of Acontraband@ in this section, Acable television service@, Acomputer@, Acomputer network@, Acomputer software@, Acomputer system@, Adata@, and Atelecommunications device@ have the same meanings as in R.C. §2913.01.

REPEAT OFFENDER. A person who has a history of persistent criminal activity and whose character and condition reveal a substantial risk that he or she will commit another offense. It is prima facie evidence that a person is a repeat offender if any of the following applies:

(1)   Having been convicted of one or more offenses of violence, as defined in R.C. §2901.01, and having been imprisoned pursuant to sentence for one or more of those offenses, he or she commits a subsequent offense of violence;

(2)   Having been convicted of one or more sexually oriented offenses, as defined in R.C. §2950.01, and having been imprisoned pursuant to sentence for one or more of those offenses, he or she commits a subsequent sexually oriented offense;

(3)   Having been convicted of one or more theft offenses, as defined in R.C. §2913.01, and having been imprisoned pursuant to sentence for one or more of those offenses, he or she commits a subsequent theft offense;

(4)   Having been convicted of one or more felony drug abuse offenses, as defined in R.C. §2925.01, and having been imprisoned pursuant to sentence for one or more of those offenses, he or she 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 or she 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 or she commits a subsequent offense.

RISK. A significant possibility, as contrasted with a remote possibility, that a certain result may occur or that certain circumstances may exist.

SCHOOL, SCHOOL BUILDING, and SCHOOL PREMISES. Have the same meanings as in R.C. §2925.01.

SCHOOL ACTIVITY. Any activity held under the auspices of a board of education of a city, local, exempted village, joint vocational, or cooperative education school district; a governing authority of a community school established under R.C. Chapter 3314; a governing board of an educational service center; or the governing body of a nonpublic school for which the State Board of Education prescribes minimum standards under R.C. §3301.07.

SCHOOL BUILDING. Has the same meaning as in R.C. §2925.01.

SCHOOL BUS. Has the same meaning as in R.C. §4511.01.

SCHOOL PREMISES. Has the same meaning as in R.C. §2925.01.

SCHOOL SAFETY ZONE. Consists of a school, school building, school premises, school activity, and school bus.

SERIOUS PHYSICAL HARM TO PERSONS. 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 that carries a substantial risk of death;

(3)   Any physical harm that involves some permanent incapacity, whether partial or total, or that involves some temporary, substantial incapacity;

(4)   Any physical harm that involves some permanent disfigurement, or that involves some temporary, serious disfigurement;

(5)   Any physical harm that involves acute pain of such duration as to result in substantial suffering, or that involves any degree of prolonged or intractable pain.

SERIOUS PHYSICAL HARM TO PROPERTY. Any physical harm to property that 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 or enjoyment for an extended period of time.

SUBSTANTIAL RISK. A strong possibility, as contrasted with a remote or significant possibility, that a certain result may occur or that certain circumstances may exist.

(R.C. §§2901.01, 2935.36(E))  (Prior Code, §130.01)

§§ 130.03  CLASSIFICATION OF OFFENSES.

As used in this Title:

(A)  Offenses include misdemeanors of the first, second, third, and fourth degree, minor misdemeanors, and offenses not specifically classified.

(B)  Regardless of the penalty that 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 that may be imposed is one of the following:

(1)   For an offense committed prior to January 1, 2004, a fine not exceeding $100;

(2)   For an offense committed on or after January 1, 2004, a fine not exceeding $150, community service under R.C. §2929.27(D), or a financial sanction other than a fine under R.C. §2929.28.

(R.C. §2901.02)

§§ 130.04  COMMON LAW OFFENSES ABROGATED.

(A)  No conduct constitutes a criminal offense against the municipality unless it is defined as an offense in this code.

(B)  An offense is defined when one or more sections of this code state a positive prohibition or enjoin a specific duty, and provide a penalty for violation of such prohibition or failure to meet such duty.

(C)  This section does not affect the power of a court to punish for contempt or to employ any sanction authorized by law to enforce an order, civil judgment or decree.

(R.C. §2901.03)

§§ 130.05  RULES OF CONSTRUCTION.

(A)  Except as otherwise provided in division (C) or (D) of this section, sections of this code defining offenses or penalties shall be strictly construed against the municipality and liberally construed in favor of the accused.

(B)  Rules of criminal procedure and sections of this code providing for criminal procedure shall be construed so as to effect the fair, impartial, speedy, and sure administration of justice.

(C)  Any provision of a section of this code that refers to a previous conviction of or plea of guilty to a violation of a section of this code, the Ohio Revised Code or a division of a section of this code or the Ohio Revised Code shall be construed to also refer to a previous conviction of or plea of guilty to a substantially equivalent offense under an existing or former law of this municipality, state, another state, or the United States or under an existing or former municipal ordinance.

(D)  Any provision of this code that refers to a section, or to a division of a section, of this code that defines or specifies a criminal offense shall be construed to also refer to an existing or former law of this state, another state, or the United States, to an existing or former municipal ordinance, or to an existing or former division of any such existing or former law or ordinance that defines or specifies, or that defined or specified, a substantially equivalent offense.

(R.C. §2901.04)

§§ 130.06  LIMITATION OF CRIMINAL PROSECUTIONS.

(A)  (1)   Except as provided in division (A)(2), (A)(3), (A)(4), or (A)(5) of this section or as otherwise provided in this section, a prosecution shall be barred unless it is commenced within the following periods after an offense is committed:

(a)   For a felony, six years;

(b)   For a misdemeanor other than a minor misdemeanor, two years;

(c)   For a minor misdemeanor, six months.

(2)   There is no period of limitation for the prosecution of a violation of R.C. §2903.01 or R.C. §2903.02 or for the prosecution of a conspiracy to commit, attempt to commit, or complicity in committing a violation of R.C. §2903.01 or R.C. §2903.02.

(3)   Except as otherwise provided in divisions (B) through (J) of this section, a prosecution of any of the following offenses shall be barred unless it is commenced within 20 years after the offense is committed:

(a)   A violation of R.C. §2903.03, 2903.04, 2905.01, 2905.32, 2907.04, 2907.05, 2907.21, 2909.02, 2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29, 2911.01, 2911.02, 2911.11, 2911.12, or 2917.02, a violation of R.C. §2903.11 or 2903.12 if the victim is a peace officer, a violation of R.C. §2903.13 that is a felony, or a violation of former R.C. §2907.12.

(b)   A conspiracy to commit, attempt to commit, or complicity in committing a violation set forth in division (A)(3)(a) of this section.

(4)   Except as otherwise provided in divisions (D) to (L) of this section, a prosecution of a violation of R.C. §2907.02 or 2907.03 or a conspiracy to commit, attempt to commit, or complicity in committing a violation of either section shall be barred unless it is commenced within 25 years after the offense is committed.

(5)   (a)   Except as otherwise provided in divisions (A)(5)(b) and (E) to (I) of this section, a prosecution of a violation of R.C. §2907.13 shall be barred unless it is commenced within five years after the offense is committed.

(b)   Prosecution that would otherwise be barred under division (A)(5)(a) of this section may be commenced within five years after the date of the discovery of the offense by either an aggrieved person or the aggrieved person’s legal representative who is not a party to the offense.

(c)   As used in division (A)(5)(b) of this section, Aaggrieved person@ includes any of the following individuals with regard to a violation of R.C. §2907.13:

1. A patient who was the victim of the violation;

1. The spouse or surviving spouse of a patient who was the victim of the violation;

1. Any child born as a result of the violation.

(B)  (1)   Except as otherwise provided in division (B)(2) of this section, if the period of limitation provided in division (A)(1) or (A)(3) of this section has expired, prosecution shall be commenced for an offense of which an element is fraud or breach of fiduciary duty within one year after discovery of the offense either by an aggrieved person or by the aggrieved person’s legal representative who is not a party to the offense.

(2)   If the period of limitation provided in division (A)(1) or (A)(3) of this section has expired, prosecution for a violation of R.C. §2913.49 shall be commenced within five years after discovery of the offense either by an aggrieved person or the aggrieved person’s legal representative who is not a party to the offense.

(C)  (1)   If the period of limitation provided in division (A)(1) or (A)(3) of this section has expired, prosecution shall be commenced for the following offenses during the following specified periods of time:

(a)   For an offense involving misconduct in office by a public servant at any time while the accused remains a public servant, or within two years thereafter;

(b)   For an offense by a person who is not a public servant but whose offense is directly related to the misconduct in office of a public servant, at any time while that public servant remains a public servant, or within two years thereafter.

(2)   As used in this division:

OFFENSE IS DIRECTLY RELATED TO THE MISCONDUCT IN OFFICE OF A PUBLIC SERVANT. The phrase includes but is not limited to a violation of R.C. §101.71, 101.91, 121.61 or 2921.13, 102.03(F) or (H), 2921.02(A), 2921.43(A) or (B), or 3517.13(F) or (G), that is directly related to an offense involving misconduct in office of a public servant, or a violation of any municipal ordinance substantially equivalent to those Ohio Revised Code sections listed in this division (C)(2).

PUBLIC SERVANT. Has the same meaning as in R.C. §2921.01.

(D)  (1)   If a DNA record made in connection with the criminal investigation of the commission of a violation of R.C. §2907.02 or 2907.03 is determined to match another DNA record that is of an identifiable person and if the time of the determination is later than 25 years after the offense is committed, prosecution of that person for a violation of the section may be commenced within five years after the determination is complete.

(2)   If a DNA record made in connection with the criminal investigation of the commission of a violation of R.C. §2907.02 or 2907.03 is determined to match another DNA record that is of an identifiable person and if the time of the determination is within 25 years after the offense is committed, prosecution of that person for a violation of the section may be commenced within the longer of 25 years after the offense is committed or five years after the determination is complete.

(3)   As used in this division, DNA RECORD has the same meaning as in R.C. §109.573.

(E)  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.

(F)   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.

(G)  The period of limitation shall not run during any time when the corpus delicti remains undiscovered.

(H)  The period of limitation shall not run during any time when the accused purposely avoids prosecution. Proof that the accused departed this municipality or conceals the accused’s identity or whereabouts is prima facie evidence of the accused’s purpose to avoid prosecution.

(I)   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 that commenced the prosecution is quashed or the proceedings on the indictment, information, or process are set aside or reversed on appeal.

(J)   The period of limitation for a violation of this Title XIII or Title XXIX of the Ohio Revised Code that involves a physical or mental wound, injury, disability, or condition of a nature that reasonably indicates abuse or neglect of a child under 18 years of age or of a child with a developmental disability or physical impairment under 21 years of age shall not begin to run until either of the following occurs:

(1)   The victim of the offense reaches the age of majority.

(2)   A public children services agency, or a municipal or county peace officer that is not the parent or guardian of the child, in the county in which the child resides or in which the abuse or neglect is occurring or has occurred has been notified that abuse or neglect is known, suspected, or believed to have occurred.

(K)  As used in this section, PEACE OFFICER has the same meaning as in R.C. §2935.01.

(L)  (1)   The amendments to divisions (A) and (D) of this section that took effect on July 16, 2015, apply to a violation of R.C. §2907.02 or 2907.03 committed on and after July 16, 2015, and apply to a violation of either of those sections committed prior to July 16, 2015, if prosecution for that violation was not barred under this section as it existed on July 16, 2015.

(2)   The amendment to division (A)(2) of this section that took effect on April 4, 2023, applies to a conspiracy to commit, attempt to commit, or complicity in committing a violation of R.C. §2903.01 or R.C. §2903.02 if the conspiracy, attempt, or complicity is committed on or after April 4, 2023, and applies to a conspiracy to commit, attempt to commit, or complicity in committing a violation of either of those sections if the conspiracy, attempt, or complicity was committed prior to April 4, 2023, and prosecution for that conspiracy, attempt, or complicity was not barred under this section as it existed on the day prior to April 4, 2023.

(R.C. §2901.13)

Statutory reference:

Limitation for income tax violations, see R.C. § 718.12

§§ 130.07  REQUIREMENTS FOR CRIMINAL LIABILITY; VOLUNTARY INTOXICATION.

(A)  Except as provided in division (B) of this section, a person is not guilty of an offense unless both of the following apply:

(1)   The person’s liability is based on conduct that includes either a voluntary act, or an omission to perform an act or duty that the person is capable of performing;

(2)   The person has the requisite degree of culpability for each element as to which a culpable mental state is specified by the language defining the offense.

(B)  When the language 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 the section, then culpability is not required for a person to be guilty of the offense. The fact that one division of a section plainly indicates a purpose to impose strict liability for an offense defined in that division does not by itself plainly indicate a purpose to impose strict criminal liability for an offense defined in other divisions of the section that do not specify a degree of culpability.

(C)  (1)   When language defining an element of an offense that is related to knowledge or intent or to which mens rea could fairly be applied neither specifies culpability nor plainly indicates a purpose to impose strict liability, the element of the offense is established only if a person acts recklessly.

(2)   Division (C)(1) of this section does not apply to offenses defined in R.C. Title XLV.

(3)   Division (C)(1) of this section does not relieve the prosecution of the burden of proving the culpable mental state required by any definition incorporated into the offense.

(D)  Voluntary intoxication may not be taken into consideration in determining the existence of a mental state that is an element of a criminal offense. Voluntary intoxication does not relieve a person of a duty to act if failure to act constitutes a criminal offense. Evidence that a person was voluntarily intoxicated may be admissible to show whether or not the person was physically capable of performing the act with which the person is charged.

(E)  As used in this section:

CULPABILITY. Means purpose, knowledge, recklessness, or negligence, as defined in R.C. §2901.22.

INTOXICATION. Includes but is not limited to intoxication resulting from the ingestion of alcohol, a drug, or alcohol and a drug.

INVOLUNTARY ACTS. Means 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.

POSSESSION. Means a voluntary act if the possessor knowingly procured or received the thing possessed, or was aware of the possessor’s control of the thing possessed for a sufficient time to have ended possession.

(R.C. §2901.21)

§§ 130.08  CULPABLE MENTAL STATES.

(A)  A person acts purposely when it is the person’s 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 the offender’s specific intention to engage in conduct of that nature.

(B)  A person acts knowingly, regardless of purpose, when the person is aware that the person’s conduct will probably cause a certain result or will probably be of a certain nature. A person has knowledge of circumstances when the person is aware that such circumstances probably exist. When knowledge of the existence of a particular fact is an element of an offense, such knowledge is established if a person subjectively believes that there is a high probability of its existence and fails to make inquiry or acts with a conscious purpose to avoid learning the fact.

(C)  A person acts recklessly when, with heedless indifference to the consequences, the person disregards a substantial and unjustifiable risk that the person’s 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, the person disregards a substantial and unjustifiable risk that such circumstances are likely to exist.

(D)  A person acts negligently when, because of a substantial lapse from due care, the person fails to perceive or avoid a risk that the person’s 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, the person 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.

(R.C. §2901.22)

§§ 130.09  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 the officer’s, agent’s, or employee’s 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, those 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 the officer’s, agent’s, or employee’s 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, those 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 such a board’s or person’s office or employment.

(B)  If 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 nonprofit association, estate, trust, or other commercial or legal entity. The term does not include an entity organized as or by a governmental agency for the execution of a governmental program.

(R.C. §2901.23)

§§ 130.10  PERSONAL ACCOUNTABILITY FOR ORGANIZATIONAL CONDUCT.

(A)  An officer, agent, or employee of an organization, as defined in R.C. §2901.23, may be prosecuted for an offense committed by such organization, if he or she 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 or she 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 or she has direct responsibility;

(2)   He or she 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 or she is subject to the same penalty as if he or she had acted in his or her own behalf.

(R.C. §2901.24)

§§ 130.11  ATTEMPT.

(A)  Generally. No person, purposely or knowingly, and when purpose or knowledge is sufficient culpability for the commission of an offense, shall engage in conduct that, if successful, would constitute or result in the offense.

(B)  Factually, legally impossible; no defense. It is no defense to a charge under this section that, in retrospect, commission of the offense that was the object of the attempt was either factually or legally impossible under the attendant circumstances, if that offense could have been committed had the attendant circumstances been as the actor believed them to be.

(C)  Conviction. 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)  Abandonment; affirmative defense. It is an affirmative defense to a charge under this section that the actor abandoned his or her effort to commit the offense or otherwise prevented its commission, under circumstances manifesting a complete and voluntary renunciation of his or her criminal purpose.

(E)  State law penalty. Whoever violates this section is guilty of an attempt to commit an offense. An attempt to commit aggravated murder, murder, or an offense for which the maximum penalty is imprisonment for life is a felony of the first degree, to be prosecuted under appropriate state law. An attempt to commit a drug abuse offense for which the penalty is determined by the amount or number of unit doses of the controlled substance involved in the drug abuse offense is an offense of the same degree as the drug abuse offense attempted would be if that drug abuse offense had been committed and had involved an amount or number of unit doses of the controlled substance that is within the next lower range of controlled substance amounts than was involved in the attempt. An attempt to commit any other offense is an offense of the next lesser degree than the offense attempted. In the case of an attempt to commit an offense other than a violation of R.C. Chapter 3734 that is not specifically classified, an attempt is a misdemeanor of the first degree if the offense attempted is a felony, and a misdemeanor of the fourth degree if the offense attempted is a misdemeanor. In the case of an attempt to commit a violation of any provision of R.C. Chapter 3734, other than R.C. §3734.18, that relates to hazardous wastes, an attempt is a felony to be prosecuted under appropriate state law. An attempt to commit a minor misdemeanor, or to engage in conspiracy, is not an offense under this section.

(F)   Definitions. As used in this section:

DRUG ABUSE OFFENSE. Has the same meaning as in R.C. §2925.01.

MOTOR VEHICLE. Has the same meaning as in R.C. §4501.01.

(R.C. §2923.02)  (Prior Code, §130.02)

Statutory reference:

Conspiracy, see R.C. § 2923.01

Solid and hazardous wastes, see R.C. Chapter 3734

§§ 130.12  COMPLICITY.

(A)  Generally. 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 R.C. §2923.01;

(4)   Cause an innocent or irresponsible person to commit the offense.

(B)  Convicted of complicity under this section. 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)  Conviction of complicity under this section. 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 R.C. §2923.02 or a substantially equivalent municipal ordinance.

(D)  Jury change. If an alleged accomplice of the defendant testifies against the defendant in a case in which the defendant is charged with complicity in the commission of or an attempt to commit an offense, an attempt to commit an offense, or an offense, the court shall charge the jury in accordance with R.C. §2923.03(D).

(E)  Termination of complicity; affirmative defense. It is an affirmative defense to a charge under this section that, prior to the commission of or attempt to commit the offense, the actor terminated his or her complicity, under circumstances manifesting a complete and voluntary renunciation of his or her criminal purpose.

(F)   State law penalty. Whoever violates this section is guilty of complicity in the commission of an offense, and shall be prosecuted and punished as if he or she were a principal offender. A charge of complicity may be stated in terms of this section, or in terms of the principal offense.

(R.C. §2923.03)  (Prior Code, §130.03)

Statutory reference:

Conspiracy, see R.C. § 2923.01

§§ 130.13  PRESUMPTION OF INNOCENCE; PROOF OF OFFENSE; AFFIRMATIVE DEFENSE.

(A)  Every person accused of an offense is presumed innocent until proven guilty beyond a reasonable doubt, and the burden of proof for all elements of the offense is upon the prosecution. The burden of going forward with the evidence of an affirmative defense, and the burden of proof by a preponderance of the evidence, for an affirmative defense other than self-defense, defense of another, or defense of the accused’s residence presented as described in division (B)(1) of this section, is upon the accused.

(B)  (1)   A person is allowed to act in self-defense, defense of another, or defense of that person’s residence. If, at the trial of a person who is accused of an offense that involved the person’s use of force against another, there is evidence presented that tends to support that the accused person used the force in self-defense, defense of another, or defense of that person’s residence, the prosecution must prove beyond a reasonable doubt that the accused person did not use the force in self-defense, defense of another, or defense of that person’s residence, as the case may be.

(2)   Subject to division (B)(3) of this section, a person is presumed to have acted in self-defense or defense of another when using defensive force that is intended or likely to cause death or great bodily harm to another if the person against whom the defensive force is used is in the process of unlawfully and without privilege to do so entering, or has unlawfully and without privilege to do so entered, the residence or vehicle occupied by the person using the defensive force.

(3)   The presumption set forth in division (B)(2) of this section does not apply if either of the following is true:

(a)   The person against whom the defensive force is used has a right to be in, or is a lawful resident of, the residence or vehicle.

(b)   The person who uses the defensive force uses it while in a residence or vehicle and the person is unlawfully, and without privilege to be, in that residence or vehicle.

(4)   The presumption set forth in division (B)(2) of this section is a rebuttable presumption and may be rebutted by a preponderance of the evidence, provided that the prosecution’s burden of proof remains proof beyond a reasonable doubt as described in divisions (A) and (B)(1) of this section.

(C)  As part of its charge to the jury in a criminal case, the court shall read the definitions of Areasonable doubt@ and Aproof beyond a reasonable doubt@, contained in division (E) of this section.

(D)  As used in this section:

AFFIRMATIVE DEFENSE. An affirmative defense is either of the following:

(a)   A defense expressly designated as affirmative;

(b)   A defense involving an excuse or justification peculiarly within the knowledge of the accused, on which the accused can fairly be required to adduce supporting evidence.

DWELLING. Means a building or conveyance of any kind that has a roof over it and that is designed to be occupied by people lodging in the building or conveyance at night, regardless of whether the building or conveyance is temporary or permanent or is mobile or immobile. As used in this division, a building or conveyance includes but is not limited to an attached porch, and a building or conveyance with a roof over it includes but is not limited to a tent.

RESIDENCE. Means a dwelling in which a person resides either temporarily or permanently or is visiting as a guest.

VEHICLE. Means a conveyance of any kind, whether or not motorized, that is designed to transport people or property.

(E)  AReasonable doubt@ is present when the jurors, after they have carefully considered and compared all the evidence, cannot say they are firmly convinced of the truth of the charge. It is a doubt based on reasonable and common sense. Reasonable doubt is not mere possible doubt, because everything relating to human affairs or depending on moral evidence is open to some possible or imaginary doubt. AProof beyond a reasonable doubt@ is proof of such character that an ordinary person would be willing to rely and act upon it in the most important of the person’s own affairs.

(R.C. §2901.05)

§§ 130.14  BATTERED WOMAN SYNDROME.

(A)  The municipality hereby declares that it recognizes both of the following, in relation to the Abattered woman syndrome@: that the syndrome currently is a matter of commonly accepted scientific knowledge, and that the subject matter and details of the syndrome are not within the general understanding or experience of a person who is a member of the general populace and are not within the field of common knowledge.

(B)  If a person is charged with an offense involving the use of force against another and the person, as a defense to the offense charged, raises the affirmative defense of self defense, the person may introduce expert testimony of the Abattered woman syndrome@ and expert testimony that the person suffered from that syndrome as evidence to establish the requisite belief of an imminent danger of death or great bodily harm that is necessary, as an element of the affirmative defense, to justify the person’s use of force in question. The introduction of any expert testimony under this division shall be in accordance with the Ohio Rules of Evidence.

(R.C. §2901.06)

§§ 130.15  DELINQUENCY ADJUDICATIONS DEEMED CONVICTIONS.

(A)  If a person is alleged to have committed an offense and if the person previously has been adjudicated a delinquent child or juvenile traffic offender for a violation of a law or ordinance, except as provided in division (B) of this section, the adjudication as a delinquent child or as a juvenile traffic offender is a conviction for a violation of the law for purposes of determining the offense with which the person should be charged and, if the person is convicted of or pleads guilty to an offense, the sentence to be imposed upon the person relative to the conviction or guilty plea.

(B)  A previous adjudication of a person as a delinquent child or juvenile traffic offender for a violation of a law or ordinance is not a conviction for a violation of the law or ordinance for purposes of determining any of the following:

(1)   Whether the person is a repeat violent offender, as defined in R.C. §2929.01, or whether the person should be sentenced as a repeat violent offender under R.C. §2929.14(B)(2) and R.C. §2941.149;

(2)   Whether the person is a violent career criminal as defined in R.C. §2923.132, whether the person has committed unlawful use of a weapon by a violent career criminal in violation of R.C. §2923.132 or should be sentenced for that offense under that section, or whether the person should be sentenced under R.C. §2929.14(K) as a violent career criminal who had a firearm on or about the person’s person or under the person’s control while committing a violent felony offense and displayed or brandished the firearm, indicated that the offender possessed a firearm, or used the firearm to facilitate the offense.

(R.C. §2901.08)

§§ 130.16  CRIMINAL LAW JURISDICTION.

(A)  A person is subject to criminal prosecution and punishment in this municipality if any of the following occur:

(1)   The person commits an offense under the laws of this municipality, any element of which takes place in this municipality;

(2)   While in this municipality, the person attempts to commit, or is guilty of complicity in the commission of, an offense in another jurisdiction, which offense is an offense under both the laws of this municipality and the other jurisdiction, or, while in this municipality, the person conspires to commit an offense in another jurisdiction, which offense is an offense under both the laws of this municipality and the other jurisdiction, and a substantial overt act in furtherance of the conspiracy is undertaken in this municipality by the person or another person involved in the conspiracy, subsequent to the person’s entrance into the conspiracy. In any case in which a person attempts to commit, is guilty of complicity in the commission of, or conspires to commit an offense in another jurisdiction as described in this division, the person is subject to criminal prosecution and punishment in this municipality for the attempt, complicity, or conspiracy, and for any resulting offense that is committed or completed in the other jurisdiction;

(3)   While out of this municipality, the person conspires or attempts to commit, or is guilty of complicity in the commission of, an offense in this municipality;

(4)   While out of this municipality, the person omits to perform a legal duty imposed by the laws of this municipality, which omission affects a legitimate interest of the municipality in protecting, governing or regulating any person, property, thing, transaction, or activity in this municipality;

(5)   While out of this municipality, the person unlawfully takes or retains property and subsequently brings any of the unlawfully taken or retained property into this municipality;

(6)   While out of this municipality, the person unlawfully takes or entices another person and subsequently brings the other person into this municipality;

(7)   The person, by means of a computer, computer system, computer network, telecommunication, telecommunications device, telecommunications service, or information service, causes or knowingly permits any writing, data, image or other telecommunication to be disseminated or transmitted into this municipality in violation of the law of this state or municipality.

(B)  In homicide, the element referred to in division (A)(1) of this section includes the act that causes death, the physical contact that causes death, the death itself, or any other element that is set forth in the offense in question. If any part of the body of a homicide victim is found in this municipality, the death is presumed to have occurred within this municipality.

(C)  (1)   This municipality includes the land and water within its boundaries and the air space above that land and water, with respect to which this municipality has either exclusive or concurrent legislative jurisdiction. Where the boundary between this municipality and another jurisdiction is disputed, the disputed territory is conclusively presumed to be within this municipality for purposes of this section.

(2)   The courts of common pleas of Adams, Athens, Belmont, Brown, Clermont, Columbiana, Gallia, Hamilton, Jefferson, Lawrence, Meigs, Monroe, Scioto, and Washington counties have jurisdiction beyond the north or northwest shore of the Ohio River extending to the opposite shore line, between the extended boundary lines of any adjacent counties or adjacent state. Each of those courts of common pleas has concurrent jurisdiction on the Ohio River with any adjacent court of common pleas that borders on that river and with any court of Kentucky or of West Virginia that borders on the Ohio River and that has jurisdiction on the Ohio River under the law of Kentucky or the law of West Virginia, whichever is applicable, or under federal law.

(D)  When an offense is committed under the laws of this municipality, and it appears beyond a reasonable doubt that the offense or any element of the offense took place either in this municipality or in another jurisdiction or jurisdictions, but it cannot reasonably be determined in which it took place, the offense or element is conclusively presumed to have taken place in this municipality for purposes of this section.

(E)  When a person is subject to criminal prosecution and punishment in this municipality for an offense committed or completed outside this municipality, the person is subject to all specifications for that offense that would be applicable if the offense had been committed within this municipality.

(F)   Any act, conduct, or element that is a basis of a person being subject under this section to criminal prosecution and punishment in this municipality need not be committed personally by the person as long as it is committed by another person who is in complicity or conspiracy with the person.

(G)  This section shall be liberally construed, consistent with constitutional limitations, to allow this municipality the broadest possible jurisdiction over offenses and persons committing offenses in, or affecting, this municipality.

(H)  For purposes of division (A)(2) of this section, an overt act is substantial when it is of a character that manifests a purpose on the part of the actor that the object of the conspiracy should be completed.

(I)   As used in this section, COMPUTER, COMPUTER SYSTEM, COMPUTER NETWORK, INFORMATION SERVICE, TELECOMMUNICATION, TELECOMMUNICATIONS DEVICE, TELECOMMUNICATIONS SERVICE, DATA and WRITING have the same meanings as in R.C. §2913.01.

(R.C. §2901.11)

Statutory reference:

State criminal law jurisdiction, see R.C. § 2901.11

§§ 130.17  DISPOSITION OF UNCLAIMED OR FORFEITED PROPERTY HELD BY POLICE DEPARTMENT.

(A)  Safekeeping of property in custody.

(1)   (a)   Any property that has been lost, abandoned, stolen, seized pursuant to a search warrant, or otherwise lawfully seized or forfeited and that is in the custody of the Police Department shall be kept safely by the Police Department, pending the time it no longer is needed as evidence or for another lawful purpose, and shall be disposed of pursuant to this section or R.C. §§ 2981.12 and 2981.13.

(b)   This section does not apply to the custody and disposal of any of the following:

1. Vehicles subject to forfeiture under R.C. Title 45, except as provided in division (B)(1)(f) of this section;

1. Abandoned junk motor vehicles or other property of negligible value;

1. Property held by a department of rehabilitation and correction institution that is unclaimed, that does not have an identified owner, that the owner agrees to dispose of, or that is identified by the department as having little value;

1. Animals taken, and devices used in unlawfully taking animals, under R.C. §1531.20;

1. Controlled substances sold by a peace officer in the performance of the officer’s official duties under R.C. §3719.141;

1. Property recovered by a township law enforcement agency under R.C. §§ 505.105 to 505.109;

(2)   (a)   The Police Department shall adopt and comply with a written internal control policy that does all of the following:

1. Provides for keeping detailed records as to the amount of property acquired by the Police Department and the date property was acquired;

1. Provides for keeping detailed records of the disposition of the property, which shall include but not be limited to both of the following:

1. The manner in which it was disposed, the date of disposition, detailed financial records concerning any property sold, and the name of any person who received the property. The record shall not identify or enable identification of the individual officer who seized any item of property.

1. An itemized list of the specific expenditures made with amounts that are gained from the sale of the property and that are retained by the agency, including the specific amount expended on each expenditure, except that the policy shall not provide for or permit the identification of any specific expenditure that is made in an ongoing investigation.

1. Complies with R.C. §2981.13 if the Police Department has a Law Enforcement Trust Fund or similar fund created under that section.

(b)   The records kept under the internal control policy shall be open to public inspection during the Police Department’s regular business hours. The policy adopted under this section is a public record open for inspection under R.C. §149.43.

(3)   The Police Department, with custody of property to be disposed of under this section or R.C. §§ 2981.12 or 2981.13, shall make a reasonable effort to locate persons entitled to possession of the property, to notify them of when and where it may be claimed, and to return the property to them at the earliest possible time. In the absence of evidence identifying persons entitled to possession, it is sufficient notice to advertise in a newspaper of general circulation in the county and to briefly describe the nature of the property in custody and inviting persons to view and establish their right to it.

(4)   As used in this section:

CITIZENS‘ REWARD PROGRAM. Has the same meaning as in R.C. §9.92.

LAW ENFORCEMENT AGENCY. Includes correctional institutions.

TOWNSHIP LAW ENFORCEMENT AGENCY. Means an organized police department of a township, a township police district, a joint police district, or the office of a township constable.

(R.C. §2981.11)

(B)  Disposition of unclaimed or forfeited property.

(1)   Unclaimed or forfeited property in the custody of the Police Department, other than property described in division (A)(1)(b) of this section, shall be disposed of by order of any court of record that has territorial jurisdiction over the municipality, as follows:

(a)   Drugs shall be disposed of pursuant to R.C. §3719.11 or placed in the custody of the Secretary of the Treasury of the United States for disposal or use for medical or scientific purposes under applicable federal law.

(b)   Firearms and dangerous ordnance suitable for police work may be given to a law enforcement agency for that purpose. Firearms suitable for sporting use or as museum pieces or collectors’ items may be sold at public auction pursuant to division (B)(2) of this section. The Police Department may sell other firearms and dangerous ordnance to a federally licensed firearms dealer in a manner that the court considers proper. The Police Department shall destroy any firearms or dangerous ordnance not given to a law enforcement agency or sold or shall send them to the Bureau of Criminal Identification and Investigation for destruction by the Bureau.

(c)   Obscene materials shall be destroyed.

(d)   Beer, intoxicating liquor, or alcohol seized from a person who does not hold a permit issued under R.C. Chapters 4301 and 4303 or otherwise forfeited to the state for an offense under R.C. §4301.45 or R.C. §4301.53 shall be sold by the Division of Liquor Control if the Division determines that it is fit for sale or shall be placed in the custody of the Investigations Unit in the Ohio Department of Public Safety and be used for training relating to law enforcement activities. The Ohio Department of Public Safety, with the assistance of the Division of Liquor Control, shall adopt rules in accordance with R.C. Chapter 119 to provide for the distribution to state or local law enforcement agencies upon their request. If any tax imposed under R.C. Title 43 has not been paid in relation to the beer, intoxicating liquor, or alcohol, any moneys acquired from the sale shall first be used to pay the tax. All other money collected under this division (B)(1)(d) shall be paid into the State Treasury. Any beer, intoxicating liquor, or alcohol that the Division determines to be unfit for sale shall be destroyed.

(e)   Money received by an inmate of a correctional institution from an unauthorized source or in an unauthorized manner shall be returned to the sender, if known, or deposited in the Inmates’ Industrial and Entertainment Fund of the institution if the sender is not known.

(f) 1.      Any mobile instrumentality forfeited under R.C. Chapter 2981 may be given to the law enforcement agency that initially seized the mobile instrumentality for use in performing its duties, if the agency wants the mobile instrumentality. The agency shall take the mobile instrumentality subject to any security interest or lien on the mobile instrumentality.

(6)   Any property forfeited under R.C. Chapter 2981 not be used to pay any fine imposed upon a person who is convicted of or pleads guilty to an underlying criminal offense or a different offense arising out of the same facts and circumstances.

(7)   Any moneys acquired from the sale of personal effects, tools, or other property seized because the personal effects, tools, or other property were used in the commission of a violation of R.C. §2905.32, 2907.21, or 2907.22 or derived from the proceeds of the commission of a violation of R.C. §2905.32, 2907.21, or 2907.22 and disposed of pursuant to this division (B) shall be placed in the Victims of Human Trafficking Fund created by R.C. §5101.87.

(R.C. §2981.12)

(C)  Disposition of contraband, proceeds, or instrumentalities. Except as otherwise provided in R.C. §2981.13, property ordered forfeited as contraband, proceeds, or an instrumentality pursuant to R.C. Chapter 2981 shall be disposed of, used, or sold pursuant to division (B) of this section or R.C. §2981.12. If the property is to be sold under division (B) of this section or R.C. §2981.12, the prosecutor shall cause notice of the proposed sale to be given in accordance with law.

(R.C. §2981.13(A))

Statutory reference:

Forfeiture of property generally, see R.C. Chapter 2981

§§ 130.18  IMPOSING SENTENCE FOR MISDEMEANOR.

(A)  (1)   Unless a mandatory jail term is required to be imposed by R.C. §1547.99(G), 4510.14(B), or 4511.19(G), or any other provision of the Ohio Revised Code, or any municipal ordinance, a court that imposes a sentence under this chapter upon an offender for a misdemeanor or minor misdemeanor has discretion to determine the most effective way to achieve the purposes and principles of sentencing set forth in §130.99(C).

(2)   Unless a specific sanction is required to be imposed or is precluded from being imposed by the section setting forth an offense or the penalty for an offense or by any provision of §130.99 or 133.99 of this code or R.C. §§ 2929.23 through 2929.28, a court that imposes a sentence upon an offender for a misdemeanor may impose on the offender any sanction or combination of sanctions under §130.99(C) through (G). The court shall not impose a sentence that imposes an unnecessary burden on local government resources.

(B)  (1)   In determining the appropriate sentence for a misdemeanor, the court shall consider all of the following factors:

(a)   The nature and circumstances of the offense or offenses;

(b)   Whether the circumstances regarding the offender and the offense or offenses indicate that the offender has a history of persistent criminal activity and that the offender’s character and condition reveal a substantial risk that the offender will commit another offense;

(c)   Whether the circumstances regarding the offender and the offense or offenses indicate that the offender’s history, character, and condition reveal a substantial risk that the offender will be a danger to others and that the offender’s conduct has been characterized by a pattern of repetitive, compulsive, or aggressive behavior with heedless indifference to the consequences;

(d)   Whether the victim’s youth, age, disability, or other factor made the victim particularly vulnerable to the offense or made the impact of the offense more serious;

(e)   Whether the offender is likely to commit future crimes in general, in addition to the circumstances described in divisions (B)(1)(b) and (B)(1)(c) of this section;

(f)   Whether the offender has an emotional, mental, or physical condition that is traceable to the offender’s service in the armed forces of the United States and that was a contributing factor in the offender’s commission of the offense or offenses;

(g)   The offender’s military service record.

(2)   In determining the appropriate sentence for a misdemeanor, in addition to complying with division (B)(1) of this section, the court may consider any other factors that are relevant to achieving the purposes and principles of sentencing set forth in §130.99(C).

(C)  Before imposing a jail term as a sentence for a misdemeanor, a court shall consider the appropriateness of imposing a community control sanction or a combination of community control sanctions under §130.99(E), (F), (G), and (H). A court may impose the longest jail term authorized under §130.99(D) only upon offenders who commit the worst forms of the offense or upon offenders whose conduct and response to prior sanctions for prior offenses demonstrate that the imposition of the longest jail term is necessary to deter the offender from committing a future criminal offense.

(D)  (1)   A sentencing court shall consider any relevant oral and written statement made by the victim, the victim’s representative, the victim’s attorney, if applicable, the defendant, the defense attorney, and the prosecuting authority regarding sentencing for a misdemeanor. This division does not create any rights to notice other than those rights authorized by R.C. Chapter 2930.

(2)   At the time of sentencing for a misdemeanor or as soon as possible after sentencing, the court shall notify the victim of the offense of the victim’s right to file an application for an award of reparations pursuant to R.C. §§ 2743.51 through 2743.72.

(R.C. §2929.22)

§§ 130.19  MULTIPLE SENTENCES.

(A)  Except as provided in division (B) of this section, R.C. §2929.14(C), or R.C. §2971.03(D) or (E), a prison term, jail term, or sentence of imprisonment shall be served concurrently with any other prison term, jail term, or sentence of imprisonment imposed by a court of this municipality, this state, another state, or the United States. Except as provided in division (B)(2) of this section, a jail term or sentence of imprisonment for misdemeanor shall be served concurrently with a prison term or sentence of imprisonment for felony served in a state or federal correctional institution.

(B)  (1)   A jail term or sentence of imprisonment for a misdemeanor shall be served consecutively to any other prison term, jail term, or sentence of imprisonment when the trial court specifies that it is to be served consecutively or when it is imposed for a misdemeanor violation of R.C. §2907.322, 2921.34 or 2923.131. When consecutive sentences are imposed for misdemeanors under this division, the term to be served is the aggregate of the consecutive terms imposed, except that the aggregate term to be served shall not exceed 18 months.

(2)   A jail term or sentence of imprisonment imposed for a misdemeanor violation of R.C. §4510.11, 4510.14, 4510.16, 4510.21, or 4511.19, or a substantially equivalent municipal ordinance, shall be served consecutively to a prison term that is imposed for a felony violation of R.C. §2903.06, 2903.07, 2903.08 or 4511.19 or a felony violation of R.C. §2903.04 involving the operation of a motor vehicle by the offender and that is served in a state correctional institution when the trial court specifies that it is to be served consecutively. When consecutive jail terms or sentences of imprisonment and prison terms are imposed for one or more misdemeanors and one or more felonies under this division, the term to be served is the aggregate of the consecutive terms imposed, and the offender shall serve all terms imposed for a felony before serving any term imposed for a misdemeanor.

(R.C. §2929.41)

§§ 130.20  APPREHENSION, DETENTION, OR ARREST OF PERSONS ON BOND.

(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 R.C. §§ 3905.83 through 3905.95;

(b)   Licensed as a surety bail bond agent by the state where the bond was written;

(c)   Licensed as a private investigator under R.C. Chapter 4749;

(d)   Licensed as a private investigator by the state where the bond was written;

(e)   An off-duty peace officer, as defined in R.C. §2921.51.

(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 (A)(2), SURETY has the same meaning as in R.C. §3905.83.

(3)   The person, prior to apprehending, detaining, or arresting the principal, has notified the local law enforcement agency having jurisdiction over the area in which such activities will be performed and has provided any form or identification or other information requested by the law enforcement agency.

(B)  No person shall represent the person’s self to be a bail enforcement agent or bounty hunter, or claim any similar title, in this municipality.

(C)  Whoever violates this section is guilty of illegal bail bond agent practices.

(1)   A violation of division (A) of this section is a misdemeanor of the first degree or, if the offender previously has been convicted of or pleaded guilty to two or more violations of division (A) of this section, or any substantially equivalent state law or municipal ordinance, a felony to be prosecuted under appropriate state law.

(2)   A violation of division (B) of this section is a misdemeanor of the first degree or, if the offender previously has been convicted of or pleaded guilty to two or more violations of division (B) of this section, or any substantially equivalent state law or municipal ordinance, a felony to be prosecuted under appropriate state law.

(R.C. §2927.27)

§§ 130.21  SELF DEFENSE: LIMITATIONS ON DUTY TO RETREAT PRIOR TO USING FORCE.

(A)  As used in this section, RESIDENCE has the same meaning as in R.C. §2901.05.

(B)  For purposes of any section of this code that sets forth a criminal offense, a person has no duty to retreat before using force in self-defense, defense of another, or defense of that person’s residence if that person is in a place in which the person lawfully has a right to be.

(C)  A trier of fact shall not consider the possibility of retreat as a factor in determining whether or not a person who used force in self-defense, defense of another, or defense of that person’s residence reasonably believed that the force was necessary to prevent injury, loss, or risk to life or safety.

(R.C. §2901.09)

§§ 130.99  PENALTY.

(A)  General offenses code. Pursuant to R.C. §1545.99, any person who violates any provision of this general offenses code where no specific penalty is otherwise provided shall be fined not more than $150 for a first offense; for each subsequent offense, such person shall be fined not more than $1,000.

(Prior Code, §130.99)  (Rules and Regs. §22)

(B)  Generally. Except where otherwise specifically classified within the body of the section of a chapter of this title, a violation of such section shall be deemed a misdemeanor punishable upon conviction by a fine of not more than $500, imprisonment of not more than six months, or both.

(R.C. §715.67)

(C)  Considerations in misdemeanor sentencing.

(1)   A court that sentences an offender for a misdemeanor or minor misdemeanor violation of any provision of the Ohio Revised Code, or of any municipal ordinance that is substantially equivalent to a misdemeanor or minor misdemeanor violation of a provision of the Ohio Revised Code, shall be guided by the overriding purposes of misdemeanor sentencing. The overriding purposes of misdemeanor sentencing are to protect the public from future crime by the offender and others and to punish the offender. To achieve those purposes, the sentencing court shall consider the impact of the offense upon the victim and the need for changing the offender’s behavior, rehabilitating the defender, and making restitution to the victim of the offense, the public, or the victim and the public.

(2)   A sentence imposed for a misdemeanor or minor misdemeanor violation of an Ohio Revised Code provision or for a violation of a municipal ordinance that is subject to division (C)(1) of this section shall be reasonably calculated to achieve the two overriding purposes of misdemeanor sentencing set forth in division (C)(1) of this section, commensurate with and not demeaning to the seriousness of the offender’s conduct and its impact upon the victim, and consistent with sentences imposed for similar offenses committed by similar offenders.

(3)   A court that imposes a sentence upon an offender for a misdemeanor or minor misdemeanor violation of an Ohio Revised Code provision or for a violation of a municipal ordinance that is subject to division (C)(1) of this section shall not base the sentence upon the race, ethnic background, gender, or religion of the offender.

(4)   Divisions (C)(1) and (C)(2) of this section shall not apply to any offense that is disposed of by a traffic violations bureau of any court pursuant to Traffic Rule 13 and shall not apply to any violation of any provision of the Ohio Revised Code that is a minor misdemeanor and that is disposed of without a court appearance. Divisions (C)(1) through (C)(3) of this section do not affect any penalties established by the municipality for a violation of its ordinances that are not substantially equivalent to a misdemeanor or minor misdemeanor violation of a provision of the Ohio Revised Code.

(R.C. §2929.21)

(D)  Misdemeanor jail terms.

(1)   Except as provided in §130.18 or 133.99 of this code or R.C. §2929.22 or 2929.23 or division (D)(5) of this section and unless another term is required or authorized pursuant to law, if the sentencing court imposing a sentence upon an offender for a misdemeanor elects or is required to impose a jail term on the offender pursuant to this chapter, the court shall impose a definite jail term that shall be one of the following:

(a)   For a misdemeanor of the first degree, not more than 180 days;

(b)   For a misdemeanor of the second degree, not more than 90 days;

(c)   For a misdemeanor of the third degree, not more than 60 days;

(d)   For a misdemeanor of the fourth degree, not more than 30 days.

(2)   (a)   A court that sentences an offender to a jail term under division (D) of this section may permit the offender to serve the sentence in intermittent confinement or may authorize a limited release of the offender as provided in division (F)(2) of this section. The court retains jurisdiction over every offender sentenced to jail to modify the jail sentence imposed at any time, but the court shall not reduce any mandatory jail term.

(b) 1.      If a prosecutor, as defined in R.C. §2935.01, has filed a notice with the court that the prosecutor wants to be notified about a particular case and if the court is considering modifying the jail sentence of the offender in that case, the court shall notify the prosecutor that the court is considering modifying the jail sentence of the offender in that case. The prosecutor may request a hearing regarding the court’s consideration of modifying the jail sentence of the offender in that case, and, if the prosecutor requests a hearing, the court shall notify the eligible offender of the hearing.

1. 1. 1. If the prosecutor requests a hearing regarding the court’s consideration of modifying the jail sentence of the offender in that case, the court shall hold the hearing before considering whether or not to release the offender from the offender’s jail sentence.

(3)   If a court sentences an offender to a jail term under division (D) of this section and the court assigns the offender to a county jail that has established a county jail industry program pursuant to R.C. §5147.30, the court shall specify, as part of the sentence, whether the offender may be considered for participation in the program. During the offender’s term in the county jail, the court retains jurisdiction to modify its specification regarding the offender’s participation in the county jail industry program.

(4)   If a person sentenced to a jail term pursuant to division (D) of this section, the court may impose as part of the sentence pursuant to R.C. §2929.28 a reimbursement sanction, and, if the local detention facility in which the term is to be served is covered by a policy adopted pursuant to R.C. §307.93, 341.14, 341.19, 341.21, 341.23, 753.02, 753.04, 753.16, 2301.56, or 2947.19 and R.C. §2929.37, both of the following apply:

(a)   The court shall specify both of the following as part of the sentence:

1. 1. 1. If the person is presented with an itemized bill pursuant to R.C. §2929.37 for payment of the costs of confinement, the person is required to pay the bill in accordance with that section.
   2. 1. If the person does not dispute the bill described in division (D)(4)(a)1. of this section and does not pay the bill by the times specified in R.C. §2929.37, the clerk of the court may issue a certificate of judgment against the person as described in that section.

(b)   The sentence automatically includes any certificate of judgment issued as described in division (D)(4)(a)2. of this section.

(5)   (a)   If an offender is convicted of or pleads guilty to a misdemeanor violation of R.C. §2907.23, 2907.24, 2907.241, or 2907.25, or any substantially equivalent municipal ordinance, and to a specification of the type described in R.C. §2941.1421 and if the court imposes a jail term on the offender for the misdemeanor violation, the court may impose upon the offender an additional definite jail term as follows:

1. 1. 1. Subject to division (D)(5)(a)2. of this section, an additional definite jail term of not more than 60 days;
   2. 1. If the offender previously has been convicted of or pleaded guilty to one or more misdemeanor or felony violations of R.C. §2907.22, 2907.23, 2907.24, 2907.241, or 2907.25, or any substantially equivalent municipal ordinance, and also was convicted of or pleaded guilty to a specification of the type described in R.C. §2941.1421 regarding one or more of those violations, an additional definite jail term of not more than 120 days.

(b)   In lieu of imposing an additional definite jail term under division (D)(5)(a) of this section, the court may directly impose on the offender a sanction that requires the offender to wear a real-time processing, continual tracking electronic monitoring device during the period of time specified by the court. The period of time specified by the court shall equal the duration of an additional jail term that the court could have imposed upon the offender under division (D)(5)(a) of this section. A sanction imposed under this division shall commence on the date specified by the court, provided that the sanction shall not commence until after the offender has served the jail term imposed for the misdemeanor violation of R.C. §2907.23, 2907.24, 2907.241, or 2907.25, or any substantially equivalent municipal ordinance, and any residential sanction imposed for the violation under division (F) of this section or R.C. §2929.26. A sanction imposed under this division shall be considered to be a community control sanction for purposes of division (E) of this section or R.C. §2929.25, and all provisions of this code and the Ohio Revised Code that pertain to community control sanctions shall apply to a sanction imposed under this division, except to the extent that they would by their nature be clearly inapplicable. The offender shall pay all costs associated with a sanction imposed under this division, including the cost of the use of the monitoring device.

(6)   If an offender is convicted of or pleads guilty to a misdemeanor violation of R.C. §2903.13 and also is convicted of or pleads guilty to a specification of the type described in R.C. §2941.1423 that charges that the victim of the violation was a woman whom the offender knew was pregnant at the time of the violation, the court shall impose on the offender a mandatory jail term that is a definite term of at least 30 days.

(7)   If a court sentences an offender to a jail term under this division (D), the sentencing court retains jurisdiction over the offender and the jail term. Upon motion of either party or upon the court’s own motion, the court, in the court’s sole discretion and as the circumstances warrant, may substitute one or more community control sanctions under division (F) or (G) of this section for any jail days that are not mandatory jail days.

(R.C. §2929.24)

(E)  Misdemeanor community control sanctions.

(1)   (a)   Except as provided in §§ 130.18 and 133.99 of this code or R.C. §§ 2929.22 and 2929.23 or when a jail term is required by law, in sentencing an offender for a misdemeanor, other than a minor misdemeanor, the sentencing court may do either of the following:

1. 1. 1. Directly impose a sentence that consists of one or more community control sanctions authorized by divisions (F), (G), or (H) of this section. The court may impose any other conditions of release under a community control sanction that the court considers appropriate. If the court imposes a jail term upon the offender, the court may impose any community control sanction or combination of community control sanctions in addition to the jail term.
   2. 1. Impose a jail term under division (D) of this section from the range of jail terms authorized under that division for the offense, suspend all or a portion of the jail term imposed, and place the offender under a community control sanction or combination of community control sanctions authorized under divisions (F), (G), or (H) of this section.

(b)   The duration of all community control sanctions imposed upon an offender and in effect for an offender at any time shall not exceed five years.

(c)   At sentencing, if a court directly imposes a community control sanction or combination of community control sanctions pursuant to division (E)(1)(a)1. of this section, the court shall state the duration of the community control sanctions imposed and shall notify the offender that if any of the conditions of the community control sanctions are violated the court may do any of the following:

1. 1. 1. Impose a longer time under the same community control sanction if the total time under all of the offender’s community control sanctions does not exceed the five-year limit specified in division (E)(1)(b) of this section;
   2. 1. Impose a more restrictive community control sanction under division (F), (G), or (H) of this section, but the court is not required to impose any particular sanction or sanctions;
   3. 1. Impose a definite jail term from the range of jail terms authorized for the offense under division (D) of this section.

(2)   If a court sentences an offender to any community control sanction or combination of community control sanctions pursuant to division (E)(1)(a)1. of this section, the sentencing court retains jurisdiction over the offender and the period of community control for the duration of the period of community control. Upon the motion of either party or on the court’s own motion, the court, in the court’s sole discretion and as the circumstances warrant, may modify the community control sanctions or conditions of release previously imposed, substitute a community control sanction or condition of release for another community control sanction or condition of release previously imposed, or impose an additional community control sanction or condition of release.

(3)   (a)   If a court sentences an offender to any community control sanction or combination of community control sanctions authorized under division (F), (G), or (F) of this section, the court shall place the offender under the general control and supervision of the court or of a department of probation in the jurisdiction that serves the court for purposes of reporting to the court a violation of any of the conditions of the sanctions imposed. If the offender resides in another jurisdiction and a department of probation has been established to serve the municipal court or county court in that jurisdiction, the sentencing court may request the municipal court or the county court to receive the offender into the general control and supervision of that department of probation for purposes of reporting to the sentencing court a violation of any of the conditions of the sanctions imposed. The sentencing court retains jurisdiction over any offender whom it sentences for the duration of the sanction or sanctions imposed.

(b)   The sentencing court shall require as a condition of any community control sanction that the offender abide by the law and not leave the state without the permission of the court or the offender’s probation officer. In the interests of doing justice, rehabilitating the offender, and ensuring the offender’s good behavior, the court may impose additional requirements on the offender. The offender’s compliance with the additional requirements also shall be a condition of the community control sanction imposed upon the offender.

(4)   (a)   If the court imposing sentence upon an offender sentences the offender to any community control sanction or combination of community control sanctions authorized under division (D), (E), or (F) of this section, and the offender violates any of the conditions of the sanctions, the public or private person or entity that supervises or administers the program or activity that comprises the sanction shall report the violation directly to the sentencing court or to the department of probation or probation officer with general control and supervision over the offender. If the public or private person or entity reports the violation to the department of probation or probation officer, the department or officer shall report the violation to the sentencing court.

(b)   Except as provided in division (E)(4)(c) of this section, if an offender violates any condition of a community control sanction, the sentencing court may impose upon the violator one or more of the following penalties:

1. 1. 1. A longer time under the same community control sanction if the total time under all of the community control sanctions imposed on the violator does not exceed the five-year limit specified in division (E)(1)(b) of this section;
   2. 1. A more restrictive community control sanction;
   3. 1. A combination of community control sanctions, including a jail term.

(c)   If an offender was acting pursuant to R.C. §2925.11(B)(2)(b), or any substantially equivalent municipal ordinance, or a related provision under R.C. §2925.12, R.C. §2925.14, or R.C. §2925.141, or any substantially equivalent municipal ordinance, and in so doing violated the conditions of a community control sanction based on a minor drug possession offense, as defined in R.C. §2925.11, or violated R.C. §2925.12, R.C. §2925.14(C)(1), or R.C. §2925.141, or any substantially equivalent municipal ordinance, the sentencing court shall not impose any of the penalties described in division (E)(4)(b) of this section based on the violation.

(d)   If the court imposes a jail term upon a violator pursuant to division (E)(4)(b) of this section, the total time spent in jail for the misdemeanor offense and the violation of a condition of the community control sanction shall not exceed the maximum jail term available for the offense for which the sanction that was violated was imposed. The court may reduce the longer period of time that the violator is required to spend under the longer sanction or the more restrictive sanction imposed under division (E)(4)(b) of this section by all or part of the time the violator successfully spent under the sanction that was initially imposed.

(5)   Except as otherwise provided in this division, if an offender, for a significant period of time, fulfills the conditions of a community control sanction imposed pursuant to division (F), (G), or (H) of this section in an exemplary manner, the court may reduce the period of time under the community control sanction or impose a less restrictive community control sanction. Fulfilling the conditions of a community control sanction does not relieve the offender of a duty to make restitution under division (H) of this section.

(R.C. §2929.25)

(F)   Community residential sanction.

(1)   Except when a mandatory jail term is required by law, the court imposing a sentence for a misdemeanor, other than a minor misdemeanor, may impose upon the offender any community residential sanction or combination of community residential sanctions under this division (F). Community residential sanctions include but are not limited to the following:

(a)   A term of up to 180 days in a halfway house or a term in a halfway house not to exceed the longest jail term available for the offense, whichever is shorter, if the political subdivision that would have responsibility for paying the costs of confining the offender in a jail has entered into a contract with the halfway house for use of the facility for misdemeanor offenders;

(b)   If the offender is an eligible offender, as defined in R.C. §307.932, a term in a community alternative sentencing center or district community alternative sentencing center established and operated in accordance with that section, in the circumstances specified in that section, with one of the conditions of the sanction being that the offender successfully complete the portion of the sentence to be served in the center.

(2)   A sentence to a community residential sanction under division (F)(1)(b) of this section shall be in accordance with R.C. §307.932. In all other cases, the court that sentences an offender to a community residential sanction under this division (F) may do either or both of the following:

(a)   Permit the offender to serve the offender’s sentence in intermittent confinement, overnight, on weekends or at any other time or times that will allow the offender to continue at the offender’s occupation or care for the offender’s family;

(b)   Authorize the offender to be released so that the offender may seek or maintain employment, receive education or training, receive treatment, perform community service, or otherwise fulfill an obligation imposed by law or by the court. A release pursuant to this division shall be only for the duration of time that is needed to fulfill the purpose of the release and for travel that reasonably is necessary to fulfill the purposes of release.

(3)   The court may order that a reasonable portion of the income earned by the offender upon a release pursuant to division (F)(2) of this section be applied to any financial sanction imposed under division (H) of this section.

(4)   No court shall sentence any person to a prison term for a misdemeanor or minor misdemeanor or to a jail term for a minor misdemeanor.

(5)   If a court sentences a person who has been convicted of or pleaded guilty to a misdemeanor to a community residential sanction as described in division (F)(1) of this section, at the time of reception and at other times the person in charge of the operation of the halfway house, community alternative sentencing center, district community alternative sentencing center, or other place at which the offender will serve the residential sanction determines to be appropriate, the person in charge of the operation of the halfway house, community alternative sentencing center, district community alternative sentencing center, or other place may cause the convicted offender to be examined and tested for tuberculosis, HIV infection, hepatitis, including but not limited to hepatitis A, B, and C, and other contagious diseases. The person in charge of the operation of the halfway house, community alternative sentencing center, district community alternative sentencing center, or other place at which the offender will serve the residential sanction may cause a convicted offender in the halfway house, community alternative sentencing center, district community alternative sentencing center, or other place who refuses to be tested or treated for tuberculosis, HIV infection, hepatitis, including but not limited to hepatitis A, B, and C, or another contagious disease to be tested and treated involuntarily.

(6)   The municipality may enter into a contract with a halfway house for use of the halfway house to house misdemeanor offenders under a sanction imposed under division (F)(1)(a) of this section.

(R.C. §2929.26)

(G)  Nonresidential sanction where jail term is not mandatory.

(1)   Except when a mandatory jail term is required by law, the court imposing a sentence for a misdemeanor, other than a minor misdemeanor, may impose upon the offender any nonresidential sanction or combination of nonresidential sanctions authorized under this division. Nonresidential sanctions include but are not limited to the following:

(a)   A term of day reporting;

(b)   A term of house arrest with electronic monitoring or continuous alcohol monitoring or both electronic monitoring and continuous alcohol monitoring, a term of electronic monitoring or continuous alcohol monitoring without house arrest, or a term of house arrest without electronic monitoring or continuous alcohol monitoring;

(c)   A term of community service of up to 500 hours for misdemeanor of the first degree or 200 hours for a misdemeanor of the second, third, or fourth degree;

(d)   A term in a drug treatment program with a level of security for the offender as determined necessary by the court;

(e)   A term of intensive probation supervision;

(f)   A term of basic probation supervision;

(g)   A term of monitored time;

(h)   A term of drug and alcohol use monitoring, including random drug testing;

(I)   A curfew term;

(j)    A requirement that the offender obtain employment;

(k)   A requirement that the offender obtain education or training;

(l)    Provided the court obtains the prior approval of the victim, a requirement that the offender participate in victim-offender mediation;

(m)   If authorized by law, suspension of the offender’s privilege to operate a motor vehicle, immobilization or forfeiture of the offender’s motor vehicle, a requirement that the offender obtain a valid motor vehicle operator’s license, or any other related sanction;

(n)   A requirement that the offender obtain counseling if the offense is a violation of R.C. §2919.25 or a substantially equivalent municipal ordinance or a violation of R.C. §2903.13 or a substantially equivalent municipal ordinance involving a person who was a family or household member at the time of the violation, if the offender committed the offense in the vicinity of one or more children who are not victims of the offense, and if the offender or the victim of the offense is a parent, guardian, custodian, or person in loco parentis of one or more of those children. This division does not limit the court in requiring that the offender obtain counseling for any offense or in any circumstance not specified in this division.

(2)   If the court imposes a term of community service pursuant to division (G)(1)(c) of this section, the offender may request that the court modify the sentence to authorize the offender to make a reasonable contribution, as determined by the court, to the general fund of the county, municipality, or other local entity that provides funding to the court. The court may grant the request if the offender demonstrates a change in circumstances from the date the court imposes the sentence or that the modification would otherwise be in the interests of justice. If the court grants the request, the offender shall make a reasonable contribution to the court, and the clerk of the court shall deposit that contribution into the general fund of the county, municipality, or other local entity that provides funding to the court. If more than one entity provides funding to the court, the clerk shall deposit a percentage of the reasonable contribution equal to the percentage of funding the entity provides to the court in that entity’s general fund.

(3)   In addition to the sanctions authorized under division (G)(1) of this section, the court imposing a sentence for a misdemeanor, other than a minor misdemeanor, upon an offender who is not required to serve a mandatory jail term may impose any other sanction that is intended to discourage the offender or other persons from committing a similar offense if the sanction is reasonably related to the overriding purposes and principles of misdemeanor sentencing.

(4)   The court imposing a sentence for a minor misdemeanor may impose a term of community service in lieu of all or part of a fine. The term of community service imposed for a minor misdemeanor shall not exceed 30 hours. After imposing a term of community service, the court may modify the sentence to authorize a reasonable contribution, as determined by the court, to the appropriate general fund as provided in division (G)(2) of this section.

(R.C. §2929.27)

(H)  Financial sanctions.

(1)   In addition to imposing court costs pursuant to R.C. §2947.23, the court imposing a sentence upon an offender for a misdemeanor, including a minor misdemeanor, may sentence the offender to any financial sanction or combination of financial sanctions authorized under this division (G) and, if the offender is being sentenced for a criminal offense as defined in R.C. §2930.01, shall sentence the offender to make restitution pursuant to this division (H) and R.C. §2929.281. If the court, in its discretion or as required by this division (H), imposes one or more financial sanctions, the financial sanctions that may be imposed pursuant to this division (H) include, but are not limited to, the following:

(a)   Restitution.

1. 1. 1. Unless the misdemeanor offense could be disposed of by the traffic violations bureau serving the court under Traffic Rule 13, restitution by the offender to the victim of the offender’s crime or the victim’s estate, in an amount based on the victim’s economic loss. The court may not impose restitution as a sanction pursuant to this division if the offense could be disposed of by the traffic violations bureau serving the court under Traffic Rule 13. If the court requires restitution, the court shall order that the restitution be made to the victim in open court or to the adult probation department that serves the jurisdiction or the clerk of the court on behalf of the victim.
   2. 1. The court shall determine the amount of restitution to be paid by the offender. The victim, victim’s representative, victim’s attorney, if applicable, the prosecutor or the prosecutor’s designee, and the offender may provide information relevant to the determination of the amount of restitution. The amount the court orders as restitution shall not exceed the amount of the economic loss suffered by the victim as a direct and proximate result of the commission of the offense. If the court imposes restitution for the cost of accounting or auditing done to determine the extent of economic loss, the court may order restitution for any amount of the victim’s costs of accounting or auditing provided that the amount of restitution is reasonable and does not exceed the value of property or services stolen or damaged as a result of the offense. If the court decides to or is required to impose restitution, the court shall hold an evidentiary hearing on restitution if the offender, victim, victim’s representative, victim’s attorney, if applicable, or victim’s estate disputes the amount of restitution. The court shall determine the amount of full restitution by a preponderance of the evidence.
   3. 1. All restitution payments shall be credited against any recovery of economic loss in a civil action brought by the victim or the victim’s estate against the offender. No person may introduce evidence of an award of restitution under this division (H) in a civil action for purposes of imposing liability against an insurer under R.C. §3937.18.
   4. 1. The court may order that the offender pay a surcharge, of not more than 5% of the amount of the restitution otherwise ordered, to the entity responsible for collecting and processing restitution payments.
   5. 1. The victim, victim’s attorney, if applicable, or the attorney for the victim’s estate may request that the prosecutor in the case file a motion, or the offender may file a motion, for modification of the payment terms of any restitution ordered. If the court grants the motion, it may modify the payment terms as it determines appropriate but shall not reduce the amount of restitution ordered, except as provided in R.C. §2929.281(A).

(b)   Fines. A fine of the type described in divisions (H)(1)(b)1. and (H)(1)(b)2. of this section payable to the appropriate entity as required by law:

1. 1. 1. A fine in the following amount:
   2. 1. For a misdemeanor of the first degree, not more than $1,000;
   3. 1. For a misdemeanor of the second degree, not more than $750;
   4. 1. For a misdemeanor of the third degree, not more than $500;
   5. 1. For a misdemeanor of the fourth degree, not more than $250;
   6. 1. For a minor misdemeanor, not more than $150.
   7. 1. A state fine or cost as defined in R.C. §2949.111.

(c)   Reimbursement.

1. 1. 1. Reimbursement by the offender of any or all of the costs of sanctions incurred by the government, including but not limited to the following:
   2. 1. All or part of the costs of implementing any community control sanction, including a supervision fee under R.C. §2951.021 and the costs of global positioning system device monitoring;
   3. 1. All or part of the costs of confinement in a jail or other residential facility, including but not limited to a per diem fee for room and board, the costs of medical and dental treatment, and the costs of repairing property damaged by the offender while confined;
   4. 1. All or part of the cost of purchasing and using an immobilizing or disabling device, including a certified ignition interlock device, or a remote alcohol monitoring device that a court orders an offender to use under R.C. §4510.13.
   5. 1. The amount of reimbursement under division (H)(1)(c)1. of this section shall not exceed the total amount of reimbursement the offender is able to pay and shall not exceed the actual cost of the sanctions. The court may collect any amount of reimbursement the offender is required to pay under that division. If the court does not order reimbursement under that division, confinement costs may be assessed pursuant to a repayment policy adopted under R.C. §2929.37. In addition, the offender may be required to pay the fees specified in R.C. §2929.38 in accordance with that section.

(2)   (a)   If the court determines a hearing is necessary, the court may hold a hearing to determine whether the offender is able to pay the financial sanction imposed pursuant to this division (H) or court costs or is likely in the future to be able to pay the sanction or costs.

(b)   If the court determines that the offender is indigent and unable to pay the financial sanction or court costs, the court shall consider imposing and may impose a term of community service under division (G)(1) of this section in lieu of imposing a financial sanction or court costs. If the court does not determine that the offender is indigent, the court may impose a term of community service under division (G)(1) of this section in lieu of or in addition to imposing a financial sanction under this division (H) and in addition to imposing court costs. The court may order community service for a minor misdemeanor pursuant to division (G)(4) of this section in lieu of or in addition to imposing a financial sanction under this section and in addition to imposing court costs. If a person fails to pay a financial sanction or court costs, the court may order community service in lieu of the financial sanction or court costs.

(3)   (a)   The offender shall pay reimbursements imposed upon the offender pursuant to division (H)(1)(c) of this section to pay the costs incurred by a county pursuant to any sanction imposed under division (F), (G), or (H) of this section or in operating a facility used to confine offenders pursuant to a sanction imposed under division (F) of this section to the county treasurer. The county treasurer shall deposit the reimbursements in the county’s General Fund. The county shall use the amounts deposited in the fund to pay the costs incurred by the county pursuant to any sanction imposed under division (F), (G), or (H) of this section or in operating a facility used to confine offenders pursuant to a sanction imposed under division (F) of this section.

(b)   The offender shall pay reimbursements imposed upon the offender pursuant to division (H)(1)(c) of this section to pay the costs incurred by a municipal corporation pursuant to any sanction imposed under division (F), (G), or (H) of this section or in operating a facility used to confine offenders pursuant to a sanction imposed under division (F) of this section to the treasurer of the municipal corporation. The treasurer shall deposit the reimbursements in the municipal corporation’s General Fund. The municipal corporation shall use the amounts deposited in the fund to pay the costs incurred by the municipal corporation pursuant to any sanction imposed under division (F), (G), or (H) of this section or in operating a facility used to confine offenders pursuant to a sanction imposed under division (F) of this section.

(c)   The offender shall pay reimbursements imposed pursuant to division (H)(1)(c) of this section for the costs incurred by a private provider pursuant to a sanction imposed under division (F), (H), or (H) of this section to the provider.

(4)   In addition to any other fine that is or may be imposed under this division (H), the court imposing sentence upon an offender for misdemeanor domestic violence or menacing by stalking may impose a fine of not less than $70 nor more than $500, which shall be transmitted to the Treasurer of Ohio to be credited to the address confidentiality program fund created by R.C. §111.48.

(5)   (a)   Except as otherwise provided in this division (H)(5), a financial sanction imposed under division (G)(1) of this section is a judgment in favor of the state or the political subdivision that operates the court that imposed the financial sanction, and the offender subject to the financial sanction is the judgment debtor. A financial sanction of reimbursement imposed pursuant to division (H)(1)(c)1.a. of this section upon an offender is a judgment in favor of the entity administering the community control sanction, and the offender subject to the financial sanction is the judgment debtor. A financial sanction of reimbursement imposed pursuant to division (H)(1)(c)1.b. of this section upon an offender confined in a jail or other residential facility is a judgment in favor of the entity operating the jail or other residential facility, and the offender subject to the financial sanction is the judgment debtor. A financial sanction of restitution imposed pursuant to division (H)(1)(a) of this section is an order in favor of the victim of the offender’s criminal act that can be collected through a certificate of judgment as described in division (H)(5)(b)1. of this section, through execution as described in division (H)(5)(b)2. of this section or through an order as described in division (H)(5)(b)3. of this section and the offender shall be considered for purposes of the collection as a judgment debtor.

(b)   Once a financial sanction is imposed as a judgment or order under this division, the victim, private provider, state, or political subdivision may do any of the following:

1. 1. 1. Obtain from the clerk of the court in which the judgment was entered, at no charge, a certificate of judgment that shall be in the same manner and form as a certificate of judgment issued in a civil action;
   2. 1. Obtain execution of the judgment or order through any available procedure, including any of the procedures identified in R.C. §2929.18(D)(1) and (D)(2) or a substantially equivalent municipal ordinance.
   3. 1. Obtain an order for the assignment of wages of the judgment debtor under R.C. §1321.33 or a substantially equivalent municipal ordinance.

(6)   The civil remedies authorized under division (H)(5) of this section for the collection of the financial sanction supplement, but do not preclude, enforcement of the criminal sentence.

(7)   Each court imposing a financial sanction upon an offender under this division (H) may designate the clerk of the court or another person to collect the financial sanction. The clerk, or another person authorized by law or the court to collect the financial sanction may do the following:

(a)   Enter into contracts with one or more public agencies or private vendors for the collection of amounts due under the sanction. Before entering into a contract for the collection of amounts due from an offender pursuant to any financial sanction imposed pursuant to this division (H), a court shall comply with R.C. §§ 307.86 through 307.92.

(b)   Permit payment of all or any portion of the sanction in installments, by financial transaction device if the court is a county court or a municipal court operated by a county, or by any other reasonable method, in any time, and on any terms that the court considers just, except that the maximum time permitted for payment shall not exceed five years. If the court is a county court or a municipal court operated by a county, the acceptance of payments by any financial transaction device shall be governed by the policy adopted by the board of county commissioners of the county pursuant to R.C. §301.28. If the court is a municipal court not operated by a county, the clerk may pay any fee associated with processing an electronic transfer out of public money or may charge the fee to the offender.

(c)   To defray administrative costs, charge a reasonable fee to an offender who elects a payment plan rather than a lump sum payment of any financial sanction.

(8)   No financial sanction imposed under this division (H) shall preclude a victim from bringing a civil action against the offender.

(9)   If the court imposes restitution, fines, fees, or incarceration costs on a business or corporation, it is the duty of the person authorized to make disbursements from assets of the business or corporation to pay the restitution, fines, fees, or incarceration costs from those assets.

(10)  If an offender is sentenced to pay restitution, a fine, fee, or incarceration costs, the clerk of the sentencing court, on request, shall make the offender’s payment history available to the victim, victim’s representative, victim’s attorney, if applicable, the prosecutor, the probation department, and the court without cost.

(R.C. §2929.28)

(I)   Organizational penalties.

(1)   Regardless of the other penalties provided in this section, an organization convicted of an offense pursuant to §130.09 shall be fined by the court as follows:

(a)   For a misdemeanor of the first degree, not more than $5,000;

(b)   For a misdemeanor of the second degree, not more than $4,000;

(c)   For a misdemeanor of the third degree, not more than $3,000;

(d)   For a misdemeanor of the fourth degree, not more than $2,000;

(e)   For a minor misdemeanor, not more than $1,000;

(f)   For a misdemeanor not specifically classified, not more than $2,000;

(g)   For a minor misdemeanor not specifically classified, not more than $1,000.

(2)   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 section.

(3)   When an organization is convicted of an offense not specifically classified, and the penalty provided includes a higher fine than that provided in this section, then the penalty imposed shall be pursuant to the penalty provided for violation of the section defining the offense.

(4)   This section does not prevent the imposition of available civil sanctions against an organization convicted of an offense pursuant to §130.09, either in addition to or in lieu of a fine imposed pursuant to this section.

(R.C. §2929.31)

Statutory reference:

Citation issuance and limitations on arrest for minor misdemeanors, see R.C. § 2935.26
Crime Victim‘s Reparations Fund, see R.C. § 2929.32
Habitual sex offender and sexual predator registration, see R.C. Chapter 2950
Reimbursement for costs of confinement, see R.C. §§ 2929.36 et seq.
Reports to health care licensing boards of criminal offenses, see R.C. § 2929.42
Restitution, see R.C. § 2929.281
State law penalty, see R.C. § 1545.99

Section
131.01 Criminal damaging or endangering; vehicular vandalism
131.02 Criminal mischief
131.03 Criminal trespass; aggravated trespass
131.04 Tampering with coin machines
131.05 Theft
131.06 Unauthorized use of a vehicle
131.07 Unauthorized use of property, including telecommunication property and computers; possession of municipal property
131.08 Passing bad checks
131.09 Misuse of credit cards
131.10 Receiving stolen property
131.11 Injuring vines, bushes, trees, or crops
131.12 Injury to property by hunters
131.13 Preservation of property and natural features
131.14 Waste materials and litter
131.15 (Reserved)
131.16 All-purpose vehicles, skateboards, roller skates, metal detectors
131.17 Snowmobiling, sledding, skiing and ice skating
131.18 Swimming, bathing, entering park waters
131.19 Model toys
131.20 Aerosol paint cans
131.21 Operating motorized or gasoline-powered vehicles on trails designated for walking or biking

§ 131.01 CRIMINAL DAMAGING OR ENDANGERING; VEHICULAR VANDALISM.

(A) (1) Criminal damaging or endangering. No person shall cause or create a substantial risk of physical harm to any property of another without the other person’s consent: (a) Knowingly, by any means; or (b) Recklessly, by means of fire, explosion, flood, poison gas, poison, radioactive material, caustic or corrosive material, or other inherently dangerous agency or substance. (2) State law penalty. Whoever violates this division (A) is guilty of criminal damaging or endangering, a misdemeanor of the second degree. If violation of this division (A) creates a risk of physical harm to any person, criminal damaging or endangering is a misdemeanor of the first degree. If the property involved in a violation of this division (A) is 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 creates a risk of physical harm to any person, criminal damaging or endangering is a felony to be prosecuted under appropriate state law. If the property involved in a violation of this division (A) is 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 creates a substantial risk of physical harm to any person or if the property involved in a violation of this division (A) is an occupied aircraft, criminal damaging or endangering is a felony to be prosecuted under appropriate state law. (R.C. § 2909.06) (B) (1) Vehicular vandalism. As used in this division (B): ALLEY, STREET, and VEHICLE. Have the same meanings as in R.C. § 4511.01. HIGHWAY. Means any highway as defined in R.C. § 4511.01 or any lane, road, street, alley, bridge, or overpass. VESSEL and WATERS IN THIS STATE. Have the same meanings as in R.C. § 1547.01. (2) Drop or throw object into path of vehicle, boat. No person shall knowingly, and by any means, drop or throw any object at, onto, or in the path of any of the following: (a) Any vehicle on a highway; (b) Any boat or vessel on any of the waters in this state. (3) State law penalty. Whoever violates this division (B) is guilty of vehicular vandalism. Except as otherwise provided in this division (B)(3), vehicular vandalism is a misdemeanor of the first degree. If the violation of this division (B) creates a substantial risk of physical harm to any person or the violation of this division (B) causes serious physical harm to property, vehicular vandalism is a felony to be prosecuted under appropriate state law. If the violation of this division (B) causes physical harm to any person or serious physical harm to any person, vehicular vandalism is a felony to be prosecuted under appropriate state law. (R.C. § 2909.09)

§ 131.02 CRIMINAL MISCHIEF.

(A) Criminal mischief. 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 that is harmful or offensive to persons exposed, or that 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; (6) Without privilege to do so, and with intent to impair the functioning of any computer, computer system, computer network, computer software, or computer program, knowingly do any of the following: (a) In any manner or by any means, including but not limited to, computer hacking, alter, damage, destroy, or modify a computer, computer system, computer network, computer software, or computer program or data contained in a computer, computer system, computer network, computer software, or computer program; (b) Introduce a computer contaminant into a computer, computer system, computer network, computer software, or computer program. (B) Definition. 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 purposes, 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) State law penalty. Whoever violates this section is guilty of criminal mischief, and shall be punished as provided in division (C)(1) or (C)(2) of this section. (1) Except as otherwise provided in this division, criminal mischief committed in violation of division (A)(1), (A)(2), (A)(3), (A)(4), or (A)(5) of this section is a misdemeanor of the third degree. Except as otherwise provided in this division, if the violation of division (A)(1), (A)(2), (A)(3), (A)(4), or (A)(5) of this section creates a risk of physical harm to any person, criminal mischief committed in violation of division (A)(1), (A)(2), (A)(3), (A)(4), or (A)(5) of this section is a misdemeanor of the first degree. If the property involved in the violation of division (A)(1), (A)(2), (A)(3), (A)(4), or (A)(5) of this section is 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 creates any risk of physical harm to any person, or if the aircraft in question is an occupied aircraft, criminal mischief committed in violation of division (A)(1), (A)(2), (A)(3), (A)(4), or (A)(5) of this section is a felony to be prosecuted under appropriate state law. (2) Except as otherwise provided in this division, criminal mischief committed in violation of division (A)(6) of this section is a misdemeanor of the first degree. If the value of the computer, computer system, computer network, computer software, computer program, or data involved in the violation of division (A)(6) of this section or the loss to the victim resulting from the violation is $1,000 or more, or if the computer, computer system, computer network, computer software, computer program, or data involved in the violation of division (A)(6) is used or intended to be used in the operation of an aircraft and the violation creates any risk of physical harm to any person, or if the aircraft in question is an occupied aircraft, criminal mischief committed in violation of division (A)(6) of this section is a felony to be prosecuted under appropriate state law. (R.C. § 2909.07)

§ 131.03 CRIMINAL TRESPASS; AGGRAVATED TRESPASS.

(A) Generally. 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 the offender 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 by signage posted in a conspicuous place or otherwise being notified to do so by the owner or occupant, or the agent or servant of either. (B) Public agency; no defense. 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) Authorization obtained by deception; no defense. 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 the authorization was secured by deception. (D) State law penalty. (1) Whoever violates division (A) of this section is guilty of criminal trespass, a misdemeanor of the fourth degree. (2) Notwithstanding R.C. § 2929.28, if the person, in committing the violation of this section, used an all-purpose vehicle, the court shall impose a fine of 2 times the usual amount imposed for the violation. (3) If an offender previously has been convicted of or pleaded guilty to 2 or more violations of this section, R.C. § 2911.21 or a substantially equivalent municipal ordinance, and the offender, in committing each violation, used an all-purpose vehicle, the court, in addition to or independent of all other penalties imposed for the violation, may impound the certificate of registration and license plate of that all-purpose vehicle for not less than 60 days. In such a case, R.C. § 4519.47 applies. (E) Fine paid to State Recreational Vehicle Fund. Notwithstanding any provision of the Ohio Revised Code, if the offender, in committing the violation of this section, used an all-purpose vehicle, the Clerk of the Court shall pay the fine imposed pursuant to this section to the State Recreational Vehicle Fund created by R.C. § 4519.11. (F) Definitions. As used in this section: (1) ALL-PURPOSE VEHICLE has the same meaning as in R.C. § 4519.01. (2) LAND or PREMISES includes any land, building, structure, or place belonging to, controlled by, or in custody of another, and any separate enclosure or room, or portion thereof. (R.C. § 2911.21) (G) (1) Aggravated trespass. 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. (2) State law penalty. Whoever violates this division (G) is guilty of aggravated trespass, a misdemeanor of the first degree. (R.C. § 2911.211)

§ 131.04 TAMPERING WITH COIN MACHINES.

(A) Generally. 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) State law penalty. Whoever violates this section is guilty of tampering with coin machines, a misdemeanor of the first degree. If the offender previously has been convicted of a violation of this section or of any theft offense as defined in R.C. § 2913.01, tampering with coin machines is a felony to be prosecuted under appropriate state law. (R.C. § 2911.32)

§ 131.05 THEFT.

(A) Generally. 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) State law penalty. Whoever violates this section is guilty of theft. Except as otherwise provided in this division, a violation of this section is petty theft, a misdemeanor of the first degree. If any of the following criteria are met, then a violation of this section is a felony to be prosecuted under appropriate state law: (1) If the value of the property or services is $500 or more; (2) If the property stolen is any of the property listed in R.C. § 2913.71; (3) If the victim of the offense is an elderly person or disabled adult; (4) If the property stolen is a firearm or dangerous ordnance; (5) If the property stolen is a motor vehicle; (6) If the property stolen is any dangerous drug, or if the offender previously has been convicted of a felony drug abuse offense; (7) If the property stolen is a police dog or horse or an assistance dog and the offender knows or should know that the property stolen is a police dog or horse or an assistance dog; or (8) If the property stolen is anhydrous ammonia. (C) Additional penalty. In addition to the penalties described in division (B) of this section, if the offender committed the violation by causing a motor vehicle to leave the premises of an establishment at which gasoline is offered for retail sale without the offender making full payment for gasoline that was dispensed into the fuel tank of the motor vehicle or into another container, the court may do 1 of the following: (1) Unless division (C)(2) of this section applies, suspend for not more than 6 months the offenders driver’s license, probationary driver’s license, commercial driver’s license, temporary instruction permit, or nonresident operating privilege; (2) If the offender’s driver’s license, probationary driver’s license, commercial driver’s license, temporary instruction permit, or nonresident operating privilege has previously been suspended pursuant to division (C)(1) of this section, or any other substantially equivalent state or local law, impose a class seven suspension of the offender’s license, permit, or privilege from the range specified in R.C. § 4510.02(A)(7), provided that the suspension shall be at least 6 months. (D) In addition to the penalties described in division (B) of this section, if the offender committed the violation by stealing rented property or rental services, the court may order that the offender make restitution pursuant to R.C. § 2929.18 or R.C. § 2929.28. Restitution may include, but is not limited to, the cost of repairing or replacing the stolen property, or the cost of repairing the stolen property and any loss of revenue resulting from deprivation of the property due to theft of rental services that is less than or equal to the actual value of the property at the time it was rented. Evidence of intent to commit theft of rented property or rental services shall be determined pursuant to the provisions of R.C. § 2913.72. (E) The sentencing court that suspends an offender’s license, permit, or nonresident operating privilege under division (C) of this section may grant the offender limited driving privileges during the period of the suspension in accordance with R.C. Chapter 4510. (R.C. § 2913.02) Statutory reference: Felony theft provisions, see R.C. § 2913.02(B)

§ 131.06 UNAUTHORIZED USE OF A VEHICLE.

(A) Generally. 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) Use without consent. No person shall knowingly use or operate an aircraft, motor vehicle, motorboat, or other motor-propelled vehicle without the consent of the owner or person authorized to give consent, and either remove it from this state, or keep possession of it for more than 48 hours. (C) Affirmative defenses. 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 or she 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. (D) State law penalty. Whoever violates this section is guilty of unauthorized use of a vehicle. (1) Except as otherwise provided in this division (D)(1), a violation of division (A) of this section is a misdemeanor of the first degree. If the victim of the offense is an elderly person or disabled adult and if the victim incurs a loss as a result of the violation, a violation of division (A) of this section is a felony to be prosecuted under appropriate state law. (2) A violation of division (B) of this section is a felony to be prosecuted under appropriate state law. (R.C. § 2913.03) Statutory reference: Theft offense involving a motor vehicle, offender to pay towing and storage fees, see R.C. § 2913.82

§ 131.07 UNAUTHORIZED USE OF PROPERTY, INCLUDING TELECOMMUNICATION PROPERTY AND COMPUTERS; POSSESSION OF MUNICIPAL PROPERTY.

(A) Use without consent. No person shall knowingly use or operate the property of another without the consent of the owner or person authorized to give consent. (B) Access without consent. No person, in any manner and by any means, including but not limited to computer hacking, shall knowingly gain access to, attempt to gain access to, or cause access to be gained to any computer, computer system, computer network, cable service, cable system, telecommunications device, telecommunications service, or information service without the consent of, or beyond the scope of the express or implied consent of, the owner of the computer, computer system, computer network, cable service, cable system, telecommunications device, tele-communications service, or information service or other person authorized to give consent. (C) Access to database. No person shall knowingly gain access to, attempt to gain access to, cause access to be granted to, or disseminate information gained from access to the law enforcement automated database system created pursuant to R.C. § 5503.10 without the consent of, or beyond the scope of the express or implied consent of, the chair of the Law Enforcement Automated Data System Steering Committee. (D) Affirmative defenses. The affirmative defenses contained in R.C. § 2913.03(C) are affirmative defenses to a charge under this section. (E) State law penalty. Whoever violates division (A) of this section is guilty of unauthorized use of property. Except as otherwise provided in this division, unauthorized use of property is a misdemeanor of the fourth degree. (1) If unauthorized use of property is committed for the purpose of devising or executing a scheme to defraud or to obtain property or services, unauthorized use of property is whichever of the following is applicable: (a) Except as otherwise provided below, unauthorized use of property is a misdemeanor of the first degree. (b) If the value of the property or services or the loss to the victim is $500 or more, it is a felony to be prosecuted under appropriate state law. (2) If the victim of the offense is an elderly person or disabled adult, unauthorized use of property is a felony to be prosecuted under appropriate state law. (F) Unauthorized use; guilty. Whoever violates division (B) of this section is guilty of unauthorized use of computer, cable, or telecommunication property, a felony to be prosecuted under appropriate state law. (G) Unauthorized use of database. Whoever violates division (C) of this section is guilty of unauthorized use of the law enforcement automated database system, a felony to be prosecuted under appropriate state law. (H) Definitions. As used in this section: CABLE OPERATOR means any person or group of persons that does either of the following: (a) Provides cable service over a cable system and directly through 1 or more affiliates owns a significant interest in that cable system; (b) Otherwise controls or is responsible for, through any arrangement, the management and operation of a cable system. CABLE SERVICE means any of the following: (a) The 1-way transmission to subscribers of video programming or of information that a cable operator makes available to all subscribers generally; (b) Subscriber interaction, if any, that is required for the selection or use of video programming or of information that a cable operator makes available to all subscribers generally, both as described in division (a) of this definition; (c) Any cable television service. CABLE SYSTEM means any facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service that includes video programming and that is provided to multiple subscribers within a community. CABLE SYSTEM does not include any of the following: (a) Any facility that serves only to retransmit the television signals of 1 or more television broadcast stations; (b) Any facility that serves subscribers without using any public right-of-way; (c) Any facility of a common carrier that, under 47 U.S.C. § 522(7)(c), is excluded from the term CABLE SYSTEM as defined in 47 U.S.C. § 522(7); (d) Any open video system that complies with 47 U.S.C. § 573; (e) Any facility of any electric utility used solely for operating its electric utility system. (R.C. § 2913.04) (I) Possession of district property. (1) No person shall, without being authorized, have in his or her control or possession any equipment, tools, implements or other property belonging to Five Rivers MetroParks. (R.C. § 5589.12) (2) Whoever violates this division (I) is guilty of a minor misdemeanor. (R.C. § 5589.99(B))

§ 131.08 PASSING BAD CHECKS.

(A) Definitions. As used in this section: CHECK. Includes any form of debit from a demand deposit account, including but not limited to any of the following: (a) A check, bill of exchange, draft, order of withdrawal, or similar negotiable or non- negotiable instrument; (b) An electronic check, electronic transaction, debit card transaction, check card transaction, substitute check, web check, or any form of automated clearing house transaction. ISSUE A CHECK. Means causing any form of debit from a demand deposit account. (B) Generally. No person, with purpose to defraud, shall issue or transfer or cause to be issued or transferred a check or other negotiable instrument, knowing that it will be dishonored or knowing that a person has ordered or will order stop payment on the check or other negotiable instrument. (C) Presumption of knowledge that instrument will be dishonored. For purposes of this section, a person who issues or transfers a check or other negotiable instrument is presumed to know that it will be dishonored if either of the following occurs: (1) The drawer has 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 30 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 10 days after receiving notice of dishonor. (D) Failure to comply with R.C. § 1349.16. 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 R.C. § 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 he or she has not been issued a valid driver’s or commercial driver’s license or identification card issued under R.C. § 4507.50; (2) Furnishing the 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. (E) Court aggregation. In determining the value of the payment for purposes of division (F) of this section, the court may aggregate all checks and other negotiable instruments that the offender issued or transferred or caused to be issued or transferred in violation of division (B) of this section within a period of 180 consecutive days. (F) State law penalty. Whoever violates this section is guilty of passing bad checks. Except as otherwise provided in this division, passing bad checks is a misdemeanor of the first degree. If the check or checks or other negotiable instrument or instruments are issued or transferred to a single vendor or single other person for the payment of $500 or more, or if the check or checks or other negotiable instrument or instruments are issued or transferred to multiple vendors or persons for the payment of $1,000 or more, passing bad checks is a felony to be prosecuted under appropriate state law. (R.C. § 2913.11)

§ 131.09 MISUSE OF CREDIT CARDS.

(A) Generally. No person shall do any of the following: (1) Practice deception for the purpose of procuring the issuance of a credit card, when a credit card is issued in actual reliance thereon; (2) Knowingly buy or sell a credit card from or to a person other than the issuer. (B) No person, with purpose to defraud, shall do any of the following. (1) Obtain control over a credit card as security for a debt; (2) Obtain property or services by the use of a credit card, in 1 or more transactions, knowing or having reasonable cause to believe that the 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 the 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 the representation is false. (C) Person not to receive, possess, control credit card. No person, with purpose to violate this section, shall receive, possess, control, or dispose of a credit card. (D) State law penalty. Whoever violates this section is guilty of misuse of credit cards. (1) Except as otherwise provided in division (D)(3) of this section, a violation of division (A), (B)(1), or (C) of this section is a misdemeanor of the first degree. (2) Except as otherwise provided in this division or division (D)(3) of this section, a violation of division (B)(2), (3), or (4) of this section is a misdemeanor of the first degree. If the cumulative retail value of the property and services involved in 1 or more violations of division (B)(2), (3), or (4) of this section which violations involve 1 or more credit card accounts and occur within a period of 90 consecutive days commencing on the date of the first violation, is $500 or more, misuse of credit cards is a felony to be prosecuted under appropriate state law. (3) If the victim of the offense is an elderly person or disabled adult, and if the offense involves a violation of division (B)(1) or (B)(2) of this section, misuse of credit cards is a felony to be prosecuted under appropriate state law. (R.C. § 2913.21)

§ 131.10 RECEIVING STOLEN PROPERTY.

(A) Generally. No person shall receive, retain, or dispose of property of another knowing or having reasonable cause to believe that the property has been obtained through commission of a theft offense. (B) How property obtained; not a defense. It is not a defense to a charge of receiving stolen property in violation of this section that the property was obtained by means other than through the commission of a theft offense if the property was explicitly represented to the accused person as being obtained through the commission of a theft offense. (C) State law penalty. Whoever violates this section is guilty of receiving stolen property. Except as otherwise provided in this division, receiving stolen property is a misdemeanor of the first degree. If any of the following criteria are met, then a violation of this section is a felony to be prosecuted under appropriate state law: (1) The value of the property involved is $500 or more; (2) The property involved is any of the property listed in R.C. § 2913.71; (3) The property involved is a firearm or dangerous ordnance, as defined in R.C. § 2923.11; (4) The property involved is a motor vehicle as defined in R.C. § 4501.01; or (5) The property involved is any dangerous drug, as defined in R.C. § 4729.01. (R.C. § 2913.51)

§ 131.11 INJURING VINES, BUSHES, TREES, OR CROPS.

(A) Generally. 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) Treble damages. In addition to the penalty provided in division (C) of this section, whoever violates this section is liable in treble damages for the injury caused. (R.C. § 901.51) (C) State law penalty. Whoever violates this section is guilty of a misdemeanor of the fourth degree. (R.C. § 901.99(A))

§ 131.12 INJURY TO PROPERTY BY HUNTERS.

(A) Generally. No person in the act of hunting, pursuing, taking, or killing a wild animal shall act in a negligent, careless, or reckless manner so as to injure property. (R.C. § 1533.171(A)) (B) State law penalty. Whoever violates this section is guilty of a misdemeanor of the first degree. (R.C. § 1533.99(C)) Statutory reference: Violation, license revocation, see R.C. § 1533.171(B) through (E)

§ 131.13 PRESERVATION OF PROPERTY AND NATURAL FEATURES.

(A)  No person in a park shall remove any property, or part thereof from land which is owned, leased, managed, or otherwise controlled by MetroParks without a permit from the Chief Executive Officer or a contract with MetroParks for those services. It is permissible to remove non-living, natural objects from a park in a quantity that an individual can easily hold in one hand. (B)  No person shall modify, injure, deface, destroy, or disturb property on land which is owned, leased, managed, or otherwise controlled by MetroParks including, but not limited to any building, sign, equipment, any animal, tree, shrub, or other vegetation, including flower, fruit or seed thereof, or soil,  rock or mineral without a permit from the Chief Executive Officer or a contract with MetroParks for those services. (C)  No person in a park shall affix temporary or permanent hardware to any natural feature without a permit.

§ 131.14 WASTE MATERIALS AND LITTER.

(A) No person, without the specific written consent of the Director, shall bring into, leave behind, or dump any material of any kind in a park except the refuse, ashes, garbage, and other material of a picnic, camp, or other permitted activity, provided that such material shall be deposited in receptacles or pits provided for such purposes. (B) No person shall, either within or outside of a park, place or permit to be placed in any river, brook, stream, ditch, or drain that flows into or through park lands, any hazardous, noxious or deleterious materials which may render park waters harmful or inimical to the public health, or to animal, vegetative, or aquatic life, or which may prevent, limit, or interfere with the use of such waters for domestic, industrial, or agricultural purposes, or which may lessen to an unreasonable degree the use and enjoyment of such waters for recreational or other park uses. (C) 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 park land, except into a roadside litter receptacle. (Rules and Regs. § 4) Penalty, see § 130.99

§ 131.15 (RESERVED)

Cross-reference: Regulations for permits for use of MetroParks, see Chapter 94

§ 131.16 ALL-PURPOSE VEHICLES, METAL DETECTORS.

No person in a park shall operate an all-purpose vehicle as defined in R.C. § 4519.01, utility vehicle, golf cart, hover craft, or metal detector. No person shall operate an electric transportation device, skateboard, roller skates, in-line skates, or similar wheeled, self-propelled device on other than bikeways. (Rules and Regs. § 18.1) (Amendment approved 3-13-2009) Penalty, see § 130.99

§ 131.17 SNOWMOBILING, SLEDDING, SKIING AND ICE SKATING.

No person in a park shall operate a snowmobile or engage in sledding, downhill skiing or ice skating except in areas and at times designated by the Chief Executive Officer. Cross country skiing is permitted on trials, paths, bikeways and mowed areas. (Rules and Regs. § 18.2) Penalty, see § 130.99

§ 131.18 SWIMMING, BATHING, ENTERING PARK WATERS.

No person shall swim in any park waters or water park features unless otherwise posted. (Rules and Regs. § 18.3) Penalty, see § 130.99

§ 131.19 MODEL TOYS.

No person in a park shall operate any engine powered, including electrical engine, model or toy airplane, boat, car, siren or any other noise making device except in areas and at times designated by the Chief Executive Officer. (Rules and Regs. § 18.4) Penalty, see § 130.99

§ 131.20 AEROSOL PAINT CANS.

No person in a park shall carry on or about his or her person a container capable of propelling paint by means of a gaseous charge. (Rules and Regs. § 18.5) Penalty, see § 130.99

§ 131.21 OPERATING GASOLINE-POWERED OR FULL-SIZED VEHICLES ON TRAILS DESIGNATED FOR WALKING OR BIKING.

No person shall operate either a gasoline-powered vehicle or any full-sized automobile, truck or other vehicle required to be licensed for road use, including but not limited to all-purpose vehicle, utility vehicle, golf cart, or motorcycle on any paved or natural surface trail designed for walking or cycling with the exception of uses as defined by the Americans with Disabilities Act (ADA). Motorized wheelchairs or other power-driven mobility devices in use as defined by the ADA are permitted (except as set forth below) but must maintain a maximum 15 mile-per-hour speed or, when in the vicinity of pedestrians, the speed of the pedestrian traffic. Due to safety concerns relating to the width of paved or natural surface trails designed for walking or biking, power-driven mobility devices otherwise authorized by the ADA shall not include full-sized automobiles, trucks or similar full-sized vehicles required to be licensed for road use. Tours conducted via single occupant, or other-powered, personal transportation devices are prohibited without a permit. (Rules and Regs. § 18.6) Penalty, see § 130.99

§ 131.22  ARSON; DETERMINING PROPERTY VALUE OR AMOUNT OF PHYSICAL HARM.

(A)  No person, by means of fire or explosion, shall knowingly do any of the following:

(1)   Cause, or create a substantial risk of, physical harm to any property of another without the other person’s consent;

(2)   Cause, or create a substantial risk of, physical harm to any property of the offender or another, with purpose to defraud;

(3)   Cause, or create a substantial risk of, physical harm to the statehouse or a courthouse, school building, or other building or structure that is owned or controlled by the state, any political subdivision, or any department, agency, or instrumentality of the state or a political subdivision, and that is used for public purposes;

(4)   Cause, or create a substantial risk of, physical harm, through the offer or the acceptance of an agreement for hire or other consideration, to any property of another without the other person’s consent or to any property of the offender or another with purpose to defraud;

(5)   Cause, or create a substantial risk of, physical harm to any park, preserve, wildlands, brush-covered land, cut-over land, forest, timberland, greenlands, woods, or similar real property that is owned or controlled by another person, the state, or a political subdivision without the consent of the other person, the state, or the political subdivision; and/or

(6)   With purpose to defraud, cause, or create a substantial risk of, physical harm to any park, preserve, wildlands, brush-covered land, cut-over land, forest, timberland, greenlands, woods, or similar real property that is owned or controlled by the offender, another person, the state, or a political subdivision.

(B)  No person, by means of fire or explosion, shall knowingly do any of the following:

(1)   Cause, or create a substantial risk of, physical harm to any structure of another that is not an occupied structure;

(2)   Cause, or create a substantial risk of, physical harm, through the offer or the acceptance of an agreement for hire or other consideration, to any structure of another that is not an occupied structure;

(3)   Cause, or create a substantial risk of, physical harm to any structure that is not an occupied structure and that is in or on any park, preserve, wildlands, brush-covered land, cut-over land, forest, timberland, greenlands, woods, or similar real property that is owned or controlled by another person, the state, or a political subdivision.

(C)  (1)   It is an affirmative defense to a charge under division (B)(1) or (B)(2) of this section that the defendant acted with the consent of the other person.

(2)   It is an affirmative defense to a charge under division (B)(3) of this section that the defendant acted with the consent of the other person, the state, or the political subdivision.

(D)  (1)   Whoever violates this section is guilty of arson.

(2)   A violation of division (A)(1) or (B)(1) of this section is one of the following:

(a)   Except as otherwise provided in division (D)(2)(b) of this section, a misdemeanor of the first degree;

(b)   If the value of the property or the amount of the physical harm involved is $1,000 or more, a felony to be prosecuted under appropriate state law.

(3)   A violation of division (A)(2), (A)(3), (A)(4), (A)(5), (A)(6), (B)(2) or (B)(3) of this section is a felony to be prosecuted under appropriate state law.

(R.C. §2909.03)

(E)  Determining property value or amount of physical harm.

(1)   The following criteria shall be used in determining the value of property or amount of physical harm involved in a violation of division (A)(1) or (B)(1) of this section:

(a)   If the property is an heirloom, memento, collector’s item, antique, museum piece, manuscript, document, record, or other thing that is either irreplaceable or is replaceable only on the expenditure of substantial time, effort, or money, the value of the property or the amount of physical harm involved is the amount that would compensate the owner for its loss.

(b)   If the property is not covered under division (B)(1)(a) of this section, and the physical harm is such that the property can be restored substantially to its former condition, the amount of physical harm involved is the reasonable cost of restoring the property.

(c)   If the property is not covered under division (B)(1)(a) of this section, and the physical harm is such that the property cannot be restored substantially to its former condition, the value of the property, in the case of personal property, is the cost of replacing the property with new property of like kind and quality, and in the case of real property or real property fixtures, is the difference in the fair market value of the property immediately before and immediately after the offense.

(2)   As used in this section, FAIR MARKET VALUE has the same meaning as in R.C. §2913.61.

(3)   Prima facie evidence of the value of property, as provided in R.C. §2913.61(D), may be used to establish the value of property pursuant to this section.

(R.C. §2909.11(B) – (D))

Statutory reference:

Aggravated arson, felony offense, see R.C. § 2909.02

Arson offender registration, see R.C. §§ 2909.13, 2909.14 and 2909.15

Convicted arsonist to make restitution to public agency, see R.C. § 2929.71

§ 131.23  DAMAGING OR ENDANGERING AIRCRAFT OR AIRPORT OPERATIONS.

(A)  As used in this section:

AIR GUN. Means a hand pistol or rifle that propels its projectile by means of releasing compressed air, carbon dioxide, or other gas.

AIRPORT OPERATIONAL SURFACE. Means any surface of land or water that is developed, posted, or marked so as to give an observer reasonable notice that the surface is designed and developed for the purpose of storing, parking, taxiing, or operating aircraft, or any surface of land or water that is actually being used for any of those purposes.

FIREARM. Has the same meaning as in R.C. §2923.11.

SPRING-OPERATED GUN. Means a hand pistol or rifle that propels a projectile not less than four or more than five millimeters in diameter by means of a spring.

(B)  No person shall do either of the following:

(1)   Knowingly throw an object at, or drop an object upon, any moving aircraft.

(2)   Knowingly shoot with a bow and arrow, or knowingly discharge a firearm, air gun, or spring-operated gun, at or toward any aircraft.

(C)  No person shall knowingly or recklessly shoot with a bow and arrow, or shall knowingly or recklessly discharge a firearm, air gun, or spring-operated gun, upon or over any airport operational surface. This division does not apply to the following:

(1)   An officer, agent, or employee of this or any other state or of the United States, or a law enforcement officer, authorized to discharge firearms and acting within the scope of his or her duties.

(2)   A person who, with the consent of the owner or operator of the airport operational surface or the authorized agent of either, is lawfully engaged in any hunting or sporting activity or is otherwise lawfully discharging a firearm.

(D)  Whoever violates division (B) of this section is guilty of endangering aircraft, a misdemeanor of the first degree. If the violation creates any risk of physical harm to any person, or if the aircraft that is the subject of the violation is occupied, endangering aircraft is a felony to be prosecuted under appropriate state law.

(E)  Whoever violates division (C) of this section is guilty of endangering airport operations, a misdemeanor of the second degree. If the violation creates a risk of physical harm to any person or substantial risk of serious harm to any person, endangering airport operations is a felony to be prosecuted under appropriate state law. In addition to any other penalty or sanction imposed for the violation, the hunting license or permit of a person who violates division (C) of this section while hunting shall be suspended or revoked pursuant to R.C. §1533.68.

(R.C. §2909.08(A) – (E))

§ 131.24  MAKING OR USING SLUGS.

(A)  No person shall do any of the following:

(1)   Insert or deposit a slug in a coin machine, with purpose to defraud;

(2)   Make, possess, or dispose of a slug, with purpose of enabling another to defraud by inserting or depositing it in a coin machine.

(B)  Whoever violates this section is guilty of making or using slugs, a misdemeanor of the second degree.

(R.C. §2913.33)

§ 131.25  PRIMA FACIE EVIDENCE OF PURPOSE TO DEFRAUD.

In a prosecution of a person for a theft offense that alleges that the person, with purpose to defraud or knowing that he or she was facilitating a fraud, hired or rented an aircraft, motor vehicle, motorcycle, motorboat, sailboat, camper, trailer, horse, buggy, or other property or equipment, kept or operated any of the same that has been hired or rented, or engaged accommodations at a hotel, motel, inn, campground, or other hostelry, it is prima facie evidence of purpose to defraud if the person did any of the following:

(A)  Used deception to induce the rental agency to furnish the person with the aircraft, motor vehicle, motorcycle, motorboat, sailboat, camper, trailer, horse, buggy, or other property or equipment, or used deception to induce the hostelry to furnish the person with accommodations;

(B)  Hired or rented any aircraft, motor vehicle, motorcycle, motorboat, sailboat, camper, trailer, horse, buggy, or other property or equipment, or engaged accommodations, knowing that he or she is without sufficient means to pay the hire or rental;

(C)  Absconded without paying the hire or rental;

(D)  Knowingly failed to pay the hire or rental as required by the contract of hire or rental, without reasonable excuse for the failure;

(E)  Knowingly failed to return hired or rented property as required by the contract of hire or rental, without reasonable excuse for the failure.

(R.C. §2913.41)

§ 131.26  TAMPERING WITH RECORDS.

(A)  No person, knowing that he or she has no privilege to do so, and with purpose to defraud or knowing that he or she is facilitating a fraud, shall do any of the following:

(1)   Falsify, destroy, remove, conceal, alter, deface, or mutilate any writing, computer software, 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.

(1)   Except as provided in division (B)(3) of this section, if the offense does not involve data or computer software, tampering with records is whichever of the following is applicable:

(a)   If division (B)(1)(b) of this section does not apply, it is a misdemeanor of the first degree.

(b)   If the writing or record is a will unrevoked at the time of the offense, it is a felony to be prosecuted under appropriate state law.

(2)   Except as provided in division (B)(3) of this section, if the offense involves a violation of division (A) of this section involving data or computer software, tampering with records is whichever of the following is applicable:

(a)   Except as otherwise provided in division (B)(2)(b) of this section, it is a misdemeanor of the first degree;

(b)   If the value of the data or computer software involved in the offense or the loss to the victim is $1,000 or more or if the offense is committed for the purpose of devising or executing a scheme to defraud or to obtain property or services and the value of the property or services or the loss to the victim is $7,500 or more, it is a felony to be prosecuted under appropriate state law.

(3)   If the writing, data, computer software, or record is kept by or belongs to a local, state, or federal governmental entity, it is a felony to be prosecuted under appropriate state law.

(R.C. §2913.42)

§ 131.27  SECURING WRITINGS BY DECEPTION.

(A)  No person, by deception, shall cause another to execute any writing that disposes of or encumbers property, or by which a pecuniary obligation is incurred.

(B)  Whoever violates this section is guilty of securing writings by deception. Except as otherwise provided in this division, securing writings by deception is a misdemeanor of the first degree. If the value of the property or the obligation involved is $1,000 or more, securing writings by deception is a felony to be prosecuted under appropriate to state law. If the victim of the offense is an elderly person, disabled adult, active duty service member, or spouse of an active duty service member, securing writings by deception is a felony to be prosecuted under appropriate state law.

(R.C. §2913.43)

§ 131.28  DEFRAUDING CREDITORS.

(A)  No person, with purpose to defraud one or more of his or her creditors, shall do any of the following:

(1)   Remove, conceal, destroy, encumber, convey, or otherwise deal with any of his or her property;

(2)   Misrepresent or refuse to disclose to a fiduciary appointed to administer or manage his or her affairs or estate, the existence, amount, or location of any of his or her property, or any other information regarding the property which he or she is legally required to furnish to the fiduciary.

(B)  Whoever violates this section is guilty of defrauding creditors. Except as otherwise provided in this division, defrauding creditors is a misdemeanor of the first degree. If the value of the property involved is $1,000 or more, defrauding creditors is a felony to be prosecuted under appropriate state law.

(R.C. §2913.45)

§ 131.29  VALUE OF STOLEN PROPERTY.

(A)  If more than one item of property or services is involved in a theft offense or in a violation of R.C. §1716.14(A) involving a victim who is an elderly person or disabled adult, or any substantially equivalent municipal ordinance, the value of the property or services involved for the purpose of determining the value as required by R.C. §2913.61(A) is the aggregate value of all property or services involved in the offense.

(B)  (1)   When a series of offenses under R.C. §2913.02, or a series of violations of, attempts to commit a violation of, conspiracies to violate, or complicity in violations of R.C. §1716.14(A), R.C. §2913.02, 2913.03, or 2913.04, R.C. §2913.21(B)(1) or (B)(2), or R.C. §2913.31 or 2913.43 involving a victim who is an elderly person or disabled adult, or any substantially equivalent municipal ordinance to any of these offenses, is committed by the offender in the offender’s same employment, capacity, or relationship to another, all of those offenses shall be tried as a single offense. When a series of offenses under R.C. §2913.02, or a series of violations of, attempts to commit a violation of, conspiracies to violate, or complicity in violations of R.C. §2913.02 or 2913.43 involving a victim who is an active duty service member or spouse of an active duty service member, or any substantially equivalent municipal ordinance to any of these offenses, is committed by the offender in the offender’s same employment, capacity, or relationship to another, all of those offenses shall be tried as a single offense. The value of the property or services involved in the series of offenses for the purpose of determining the value as required by R.C. §2913.61(A) is the aggregate value of all property and services involved in all offenses in the series.

(2)   If an offender commits a series of offenses under R.C. §2913.02 that involves a common course of conduct to defraud multiple victims, all of the offenses may be tried as a single offense. If an offender is being tried for the commission of a series of violations of, attempts to commit a violation of, conspiracies to violate, or complicity in violations of R.C. §1716.14(A), R.C. §2913.02, 2913.03, or 2913.04, R.C. §2913.21(B)(1) or (B)(2), or R.C. §2913.31 or 2913.43, whether committed against one victim or more than one victim, involving a victim who is an elderly person or disabled adult, or any substantially equivalent municipal ordinance to any of these offenses, pursuant to a scheme or course of conduct, all of those offenses may be tried as a single offense. If an offender is being tried for the commission of a series of violations of, attempts to commit a violation of, conspiracies to violate, or complicity in violations of R.C. §2913.02 or 2913.43, or any substantially equivalent municipal ordinance to any of these offenses, whether committed against one victim or more than one victim, involving a victim who is an active duty service member or spouse of an active duty service member pursuant to a scheme or course of conduct, all of those offenses may be tried as a single offense. If the offenses are tried as a single offense, the value of the property or services involved for the purpose of determining the value as required by R.C. §2913.61(A) is the aggregate value of all property and services involved in all of the offenses in the course of conduct.

(3)   When a series of two or more offenses under R.C. §2913.40, 2913.48, or 2921.41 is committed by the offender in the offender’s same employment, capacity, or relationship to another, all of those offenses may be tried as a single offense. If the offenses are tried as a single offense, the value of the property or services involved for the purpose of determining the value as required by R.C. §2913.61(A) is the aggregate value of all property and services involved in all of the offenses in the series of two or more offenses.

(4)   In prosecuting a single offense under division (B)(1), (B)(2) or (B)(3) of this section, it is not necessary to separately allege and prove each offense in the series. Rather, it is sufficient to allege and prove that the offender, within a given span of time, committed one or more theft offenses or violations of R.C. §2913.40, 2913.48, or 2921.41 in the offender’s same employment, capacity, or relationship to another as described in division (B)(1) or (B)(3) of this section, or committed one or more theft offenses that involve a common course of conduct to defraud multiple victims or a scheme or course of conduct as described in division (B)(2) of this section. While it is not necessary to separately allege and prove each offense in the series in order to prosecute a single offense under division (B)(1), (B)(2), or (B)(3) of this section, it remains necessary in prosecuting them as a single offense to prove the aggregate value of the property or services in order to meet the requisite statutory offense level sought by the prosecution.

(C)  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 that has intrinsic worth to its owner and that either is 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 division (C)(1) of this section, 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 real or personal property that is not covered under division (C)(1) or (C)(2) of this section, and the value of services, is the fair market value of the 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.

(D)  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 the 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 marked quotation prior to the offense, is prima facie evidence of the value of the 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 the livestock, poultry, or products.

(4)   When the property involved is a negotiable instrument, the face value is prima facie evidence of the value of the 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 by the instrument is prima facie evidence of the value of the 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 the 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 the 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 the notice is prima facie evidence of the value of the services.

(R.C. §2913.61(B) – (E))

§ 131.30  DEGREE OF OFFENSE WHEN CERTAIN PROPERTY INVOLVED.

Regardless of the value of the property involved, and regardless of whether the offender previously has been convicted of a theft offense, a violation of §131.06 or §131.11 is a felony to be prosecuted under appropriate state law if the property involved is any of the following:

(A)  A credit card;

(B)  A printed form for a check or other negotiable instrument, that 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 that has not been executed by the drawer or maker or on which the amount is blank;

(C)  A motor vehicle identification license plate as prescribed by R.C. §4503.22, a temporary motor vehicle license registration as prescribed by R.C. §4503.182, or any comparable temporary motor vehicle license registration as prescribed by the applicable law of another state or the United States;

(D)  A blank form for a certificate of title or a manufacturer’s or importer’s certificate to a motor vehicle, as prescribed by R.C. §4505.07;

(E)  A blank form for any license listed in R.C. §4507.01.

(R.C. §2913.71)

§ 131.31  DETENTION AND ARREST OF SHOPLIFTERS AND THOSE COMMITTING MOTION PICTURE PIRACY; PROTECTION OF INSTITUTIONAL PROPERTY.

(A)  As used in this section:

ARCHIVAL INSTITUTION. Means any public or private building, structure, or shelter in which are stored historical documents, devices, records, manuscripts, or items of public interest, which historical materials are stored to preserve the materials or the information in the materials, to disseminate the information contained in the materials, or to make the materials available for public inspection or for inspection by certain persons who have a particular interest in, use for, or knowledge concerning the materials.

AUDIOVISUAL RECORDING FUNCTION. Has the same meaning as in R.C. §2913.07.

FACILITY. Has the same meaning as in R.C. §2913.07.

MUSEUM. Means any public or private nonprofit institution that is permanently organized for primarily educational or aesthetic purposes, owns or borrows objects or items of public interest, and cares for and exhibits to the public the objects or items.

PRETRIAL DIVERSION PROGRAM. Means a rehabilitative, educational program designed to reduce recidivism and promote personal responsibility that is at least four hours in length and that has been approved by any court in this state.

(B)  A merchant, or an employee or agent of a merchant, who has probable cause to believe that things offered for sale by a mercantile establishment have been unlawfully taken by a person, may, for the purposes set forth in division (D) below, detain the person in a reasonable manner for a reasonable length of time within the mercantile establishment or its immediate vicinity.

(C)  Any officer, employee, or agent of a library, museum, or archival institution may, for the purposes set forth in division (D) below or for the purpose of conducting a reasonable investigation of a belief that the person has acted in a manner described in divisions (C)(1) and (C)(2) below, detain a person in a reasonable manner for a reasonable length of time within, or in the immediate vicinity of, the library, museum, or archival institution, if the officer, employee, or agent has probable cause to believe that the person has:

(1)   Without privilege to do so, knowingly moved, defaced, damaged, destroyed, or otherwise improperly tampered with property owned by or in the custody of the library, museum, or archival institution; or

(2)   With purpose to deprive the library, museum, or archival institution of property owned by it or in its custody, knowingly obtained or exerted control over the property without the consent of the owner or person authorized to give consent, beyond the scope of the express or implied consent of the owner or person authorized to give consent, by deception, or by threat.

(D)  An officer, agent, or employee of a library, museum, or archival institution pursuant to division (C) above or a merchant or an employee or agent of a merchant pursuant to division (B) above may detain another person for any of the following purposes:

(1)   To recover the property that is the subject of the unlawful taking, criminal mischief, or theft;

(2)   To cause an arrest to be made by a peace officer;

(3)   To obtain a warrant of arrest;

(4)   To offer the person, if the person is suspected of the unlawful taking, criminal mischief, or theft and notwithstanding any other provision of this Code or the Ohio Revised Code, an opportunity to complete a pretrial diversion program and to inform the person of the other legal remedies available to the library, museum, archival institution, or merchant.

(E)  The owner or lessee of a facility in which a motion picture is being shown, or the owner’s or lessee’s employee or agent, who has probable cause to believe that a person is or has been operating an audiovisual recording function of a device in violation of R.C. §2917.07 may, for the purpose of causing an arrest to be made by a peace officer or of obtaining an arrest warrant, detain the person in a reasonable manner for a reasonable length of time within the facility or its immediate vicinity.

(F)   The officer, agent, or employee of the library, museum, or archival institution, the merchant or an employee or agent of a merchant, or the owner, lessee, employee, or agent of the facility acting under divisions (B), (C) or (E) above shall not search the person detained, search or seize any property belonging to the person detained without the person’s consent, or use undue restraint upon the person detained.

(G)  Any peace officer may arrest without a warrant any person that the officer has probable cause to believe has committed any act described in divisions (C)(1) or (C)(2) above, that the officer has probable cause to believe has committed an unlawful taking in a mercantile establishment, or that the officer has reasonable cause to believe has committed an act prohibited by R.C. §2913.07. An arrest under this division shall be made within a reasonable time after the commission of the act or unlawful taking.

(R.C. §2935.041)

Statutory reference:

Arrest without a warrant generally, see R.C. § 2935.03

Probable cause, see R.C. § 2933.22

§ 131.32  INSURANCE FRAUD; WORKERS‘ COMPENSATION FRAUD; MEDICAID FRAUD.

(A)  Insurance fraud.

(1)   No person, with purpose to defraud or knowing that the person is facilitating a fraud, shall do either of the following:

(a)   Present to, or cause to be presented to, an insurer any written or oral statement that is part of, or in support of, an application for insurance, a claim for payment pursuant to a policy, or a claim for any other benefit pursuant to a policy, knowing that the statement, or any part of the statement, is false or deceptive;

(b)   Assist, aid, abet, solicit, procure, or conspire with another to prepare or make any written or oral statement that is intended to be presented to an insurer as part of, or in support of, an application for insurance, a claim for payment pursuant to a policy, or a claim for any other benefit pursuant to a policy, knowing that the statement, or any part of the statement, is false or deceptive.

(2)   Whoever violates this division (A) is guilty of insurance fraud. Except as otherwise provided in this division, insurance fraud is a misdemeanor of the first degree. If the amount of the claim that is false or deceptive is $1,000 or more, insurance fraud is a felony to be prosecuted under appropriate state law.

(3)   This division (A) shall not be construed to abrogate, waive, or modify R.C. §2317.02(A).

(4)   As used in this division (A):

DATA. Has the same meaning as in R.C. §2913.01 and additionally includes any other representation of information, knowledge, facts, concepts, or instructions that are being or have been prepared in a formalized manner.

DECEPTIVE. Means that a statement, in whole or in part, would cause another to be deceived because it contains a misleading representation, withholds information, prevents the acquisition of information, or by any other conduct, act, or omission creates, confirms, or perpetuates a false impression, including but not limited to a false impression as to law, value, state of mind, or other objective or subjective fact.

INSURER. Means any person that is authorized to engage in the business of insurance in this state under R.C. Title 39, the Ohio Fair Plan Underwriting Association created under R.C. §3929.43, any health insuring corporation, and any legal entity that is self-insured and provides benefits to its employees or members.

POLICY. Means a policy, certificate, contract, or plan that is issued by an insurer.

STATEMENT. Includes but is not limited to any notice, letter, or memorandum; proof of loss; bill of lading; receipt for payment; invoice, account, or other financial statement; estimate of property damage; bill for services; diagnosis or prognosis; prescription; hospital, medical, or dental chart or other record; x-ray, photograph, videotape, or movie film; test result; other evidence of loss, injury, or expense; computer-generated document; and data in any form.

(R.C. §2913.47)

(B)  Workers‘ compensation fraud.

(1)   No person, with purpose to defraud or knowing that the person is facilitating a fraud shall do any of the following:

(a)   Receive workers’ compensation benefits to which the person is not entitled;

(b)   Make or present or cause to be made or presented a false or misleading statement with the purpose to secure payment for goods or services rendered under R.C. Chapter 4121, 4123, 4127, or 4131 or to secure workers’ compensation benefits;

(c)   Alter, falsify, destroy, conceal, or remove any record or document that is necessary to fully establish the validity of any claim filed with, or necessary to establish the nature and validity of all goods and services for which reimbursement or payment was received or is requested from the Bureau of Workers’ Compensation, or a self-insuring employer under R.C. Chapter 4121, 4123, 4127, or 4131;

(d)   Enter into an agreement or conspiracy to defraud the Bureau of Workers’ Compensation or a self-insuring employer by making or presenting or causing to be made or presented a false claim for workers’ compensation benefits;

(e)   Make or present or cause to be made or presented a false statement concerning manual codes, classification or employees, payroll, paid compensation, or number of personnel, when information of that nature is necessary to determine the actual workers’ compensation premium or assessment owed to the Bureau by an employer;

(f)   Alter, forge, or create a workers’ compensation certificate or falsely show current or correct workers’ compensation coverage;

(g)   Fail to secure or maintain workers’ compensation coverage as required by R.C. Chapter 4123 with the intent to defraud the Bureau of Workers’ Compensation.

(2)   Whoever violates this division (B) is guilty of workers’ compensation fraud. Except as otherwise provided in this division, workers’ compensation fraud is a misdemeanor of the first degree. If the value of premiums and assessments unpaid pursuant to actions described in divisions (B)(1)(e), (B)(1)(f), or (B)(1)(g) of this section, or goods, services, property, or money stolen is $1,000 or more, workers’ compensation fraud is a felony to be prosecuted under appropriate state law.

(3)   Upon application of the governmental body that conducted the investigation and prosecution of a violation of this division (B), the court shall order the person who is convicted of the violation to pay the governmental body its costs of investigating and prosecuting the case. These costs are in addition to any other costs or penalty provided under federal, state or local law.

(4)   The remedies and penalties provided in this division (B) are not exclusive remedies and penalties and do not preclude the use of any other criminal or civil remedy or penalty for any act that is in violation of this division (B).

(5)   As used in this division (B):

CLAIM. Means any attempt to cause the Bureau of Workers’ Compensation, an independent third party with whom the administrator or an employer contracts under R.C. §4121.44, or a self-insuring employer to make payment or reimbursement for workers’ compensation benefits.

EMPLOYEE. Has the same meaning as in R.C. §4123.01.

EMPLOYER. Has the same meaning as in R.C. §4123.01.

EMPLOYMENT. Means participating in any trade, occupation, business, service, or profession for substantial gainful remuneration.

FALSE. Means wholly or partially untrue or deceptive.

GOODS. Includes but is not limited to medical supplies, appliances, rehabilitative equipment, and any other apparatus or furnishing provided or used in the care, treatment, or rehabilitation of a claimant for workers’ compensation benefits.

RECORDS. Means any medical, professional, financial, or business record relating to the treatment or care of any person, to goods or services provided to any person, or to rates paid for goods or services provided to any person, or any record that the administrator of workers’ compensation requires pursuant to rule.

REMUNERATION. Includes but is not limited to wages, commissions, rebates, and any other reward or consideration.

SELF-INSURING EMPLOYER. Has the same meaning as in R.C. §4123.01.

SERVICES. Includes but is not limited to any service provided by any health care provider to a claimant for workers’ compensation benefits and any and all services provided by the Bureau as part of workers’ compensation insurance coverage.

STATEMENT. Includes but is not limited to any oral, written, electronic, electronic impulse, or magnetic communication notice, letter, memorandum, receipt for payment, invoice, account, financial statement, or bill for services; a diagnosis, prognosis, prescription, hospital, medical, or dental chart or other record; and a computer generated document.

WORKERS‘ COMPENSATION BENEFITS. Means any compensation or benefits payable under R.C. Chapter 4121, 4123, 4127, or 4131.

(R.C. §2913.48)

(C)  Medicaid fraud.

(1)   No person shall knowingly make or cause to be made a false or misleading statement or representation for use in obtaining reimbursement from the Medicaid program.

(2)   No person, with purpose to commit fraud or knowing that the person is facilitating a fraud, shall do either of the following:

(a)   Contrary to the terms of the person’s provider agreement, charge, solicit, accept or receive for goods or services that the person provides under the Medicaid program any property, money or other consideration in addition to the amount of reimbursement under the Medicaid program and the person’s provider agreement for the goods or services and any cost-sharing expenses authorized by R.C. §5162.20 or rules adopted by the Medicaid Director regarding the Medicaid program.

(b)   Solicit, offer or receive any remuneration, other than any cost-sharing expenses authorized by R.C. §5162.20 or rules adopted by the Medicaid Director regarding the Medicaid program, in cash or in kind, including but not limited to a kickback or rebate, in connection with the furnishing of goods or services for which whole or partial reimbursement is or may be made under the Medicaid program.

(3)   No person, having submitted a claim for or provided goods or services under the Medicaid program, shall do either of the following for a period of at least six years after a reimbursement pursuant to that claim, or a reimbursement for those goods or services, is received under the Medicaid program:

(a)   Knowingly alter, falsify, destroy, conceal or remove any records that are necessary to fully disclose the nature of all goods or services for which the claim was submitted, or for which reimbursement was received, by the person; or

(b)   Knowingly alter, falsify, destroy, conceal or remove any records that are necessary to disclose fully all income and expenditures upon which rates of reimbursements were based for the person.

(4)   Whoever violates this division (C) is guilty of Medicaid fraud. Except as otherwise provided in this division, Medicaid fraud is a misdemeanor of the first degree. If the value of the property, services or funds obtained in violation of this section is $1,000 or more, Medicaid fraud is a felony to be prosecuted under appropriate State law.

(5)   Upon application of the governmental agency, office or other entity that conducted the investigation and prosecution in a case under this section, the court shall order any person who is convicted of a violation of this section for receiving any reimbursement for furnishing goods or services under the Medicaid program to which the person is not entitled to pay to the applicant its cost of investigating and prosecuting the case. The costs of investigation and prosecution that a defendant is ordered to pay pursuant to this division shall be in addition to any other penalties for the receipt of that reimbursement that are provided in this section, R.C. §2913.40 or 5164.35, or any other provision of law.

(6)   The provisions of this section are not intended to be exclusive remedies and do not preclude the use of any other criminal or civil remedy for any act that is in violation of this section.

(7)   As used in this division (C):

PROVIDER. Means any person who has signed a provider agreement with the Department of Medicaid to provide goods or services pursuant to the Medicaid program or any person who has signed an agreement with a party to such a provider agreement under which the person agrees to provide goods or services that are reimbursable under the Medicaid program.

PROVIDER AGREEMENT. Has the same meaning as in R.C. §5164.01.

RECIPIENT. Means any individual who receives goods or services from a provider under the Medicaid program.

RECORDS. Means any medical, professional, financial or business records relating to the treatment or care of any recipient, to goods or services provided to any recipient, or to rates paid for goods or services provided to any recipient, and any records that are required by the rules of the Medicaid Director to be kept for the Medicaid program.

STATEMENT or REPRESENTATION. Means any oral, written, electronic, electronic impulse or magnetic communication that is used to identify an item of goods or a service for which reimbursement may be made under the Medicaid program or that states income and expense and is or may be used to determine a rate of reimbursement under the Medicaid program.

(R.C. §2913.40)

(D)  Medicaid eligibility fraud.

(1)   No person shall knowingly do any of the following in an application for enrollment in the Medicaid program or in a document that requires a disclosure of assets for the purpose of determining eligibility for the Medicaid program:

(a)   Make or cause to be made a false or misleading statement;

(b)   Conceal an interest in property;

(c) 1.      Except as provided in division (D)(1)(c)2. of this section, fail to disclose a transfer of property that occurred during the period beginning 36 months before submission of the application or document and ending on the date the application or document was submitted;

1. Fail to disclose a transfer of property that occurred during the period beginning 60 months before submission of the application or document and ending on the date the application or document was submitted and that was made to an irrevocable trust a portion of which is not distributable to the applicant for or recipient of Medicaid or to a revocable trust.

(2)   (a)   Whoever violates this division (D) is guilty of Medicaid eligibility fraud. Except as otherwise provided in this division, a violation of this division (D) is a misdemeanor of the first degree. If the value of the Medicaid services paid as a result of the violation is $1,000 or more, a violation of this division (D) is a felony to be prosecuted under appropriate state law.

(b)   In addition to imposing a sentence under division (D)(2)(a) of this section, the court shall order that a person who is guilty of Medicaid eligibility fraud make restitution in the full amount of any Medicaid services paid on behalf of an applicant for or recipient of Medicaid for which the applicant or recipient was not eligible, plus interest at the rate applicable to judgments on unreimbursed amounts from the date on which the Medicaid services were paid to the date on which restitution is made.

(c)   The remedies and penalties provided in this division (D) are not exclusive and do not preclude the use of any other criminal or civil remedy for any act that is in violation of this division (D).

(3)   This division (D) does not apply to a person who fully disclosed in an application for Medicaid or in a document that requires a disclosure of assets for the purpose of determining eligibility for Medicaid all of the interests in property of the applicant for or recipient of Medicaid, all transfers of property by the applicant for or recipient of Medicaid, and the circumstances of all those transfers.

(4)   Any amounts of Medicaid services recovered as restitution under this division (D) and any interest on those amounts shall be credited to the General Revenue Fund, and any applicable federal share shall be returned to the appropriate agency or department of the United States.

(5)   As used in this division (D):

MEDICAID SERVICES. Has the same meaning as in R.C. §5164.01.

PROPERTY. Means any real or personal property or other asset in which a person has any legal title or interest.

(R.C. §2913.401)

§ 131.33  EVIDENCE OF INTENT TO COMMIT THEFT OF RENTED PROPERTY OR RENTAL SERVICES; EVIDENCE OF LACK OF CAPACITY TO CONSENT.

(A)  Evidence of intent to commit theft of rented property or rental services.

(1)   As used in this division (A):

RENTER. Means a person who owns rented property.

RENTEE. Means a person who pays consideration to a renter for the use of rented property.

(2)   Each of the following shall be considered evidence of intent to commit theft of rented property or rental services:

(a)   At the time of entering into the rental contract, the rentee presented the renter with identification that was materially false, fictitious, or not current with respect to name, address, place of employment, or other relevant information.

(b)   After receiving a notice demanding the return of the rented property as provided in division (A)(3) of this section, the rentee neither returned the rented property nor made arrangements acceptable with the renter to return the rented property.

(3)   To establish that a rentee has an intent to commit theft of rented property or rental services under division (A)(2)(b) above, a renter may issue a notice to a rentee demanding the return of the rented property. The renter shall mail the notice by certified mail, return receipt requested, to the rentee at the address the rentee gave when the rental contract was executed, or to the rentee at the last address the rentee or the rentee’s agent furnished in writing to the renter.

(4)   A demand for the return of the rented property is not a prerequisite for the prosecution of a rentee for theft of rented property or rental services. The evidence specified in division (A)(2) above does not constitute the only evidence that may be considered as evidence of intent to commit theft of rented property or rental services.

(R.C. §2913.72)

(B)  Evidence of lack of capacity to consent.

(1)   In a prosecution for any alleged violation of §131.08 through 131.20, 131.23, 131.25 through 131.29, or 132.11, if the lack of consent of the victim is an element of the provision that allegedly was violated, evidence that, at the time of the alleged violation, the victim lacked the capacity to give consent is admissible to show that the victim did not give consent.

(2)   As used in this section, LACKS THE CAPACITY TO CONSENT means being impaired for any reason to the extent that the person lacks sufficient understanding or capacity to make and carry out reasonable decisions concerning the person or the person’s resources.

(R.C. §2913.73)

§ 131.34  FORGERY OF IDENTIFICATION CARDS.

(A)  No person shall knowingly do either of the following:

(1)   Forge an identification card.

(2)   Sell or otherwise distribute a card that purports to be an identification card, knowing it was forged.

(B)  As used in this section, IDENTIFICATION CARD means a card that includes personal information or characteristics of an individual, a purpose of which is to establish the identity of the bearer described on the card, whether the words Aidentity@, Aidentification@, Aidentification card@, or other similar words appear on the card.

(C)  (1)   Whoever violates this section is guilty of forging identification cards or selling or distributing forged identification cards. Except as otherwise provided in this division, forging identification cards or selling or distributing forged identification cards is a misdemeanor of the first degree. If the offender previously has been convicted of a violation of division (A) of this section or a substantially equivalent state law or municipal ordinance, forging identification cards or selling or distributing forged identification cards is a misdemeanor of the first degree and, in addition, the court shall impose upon the offender a fine not less than $250.

(2)   If the victim of a violation of this section is an elderly person, R.C. §2913.31(C)(2)(b) applies and the offense shall be prosecuted under R.C. §2913.31.

(R.C. §2913.31(B), (C)(2))

Statutory reference:

Forgery, felony provisions, see R.C. § 2913.31(A) and (C)(1)

Forgery of originating address or other routing information in connection with the transmission of

  an electronic mail advertisement, felony provisions, see R.C. § 2307.64

§ 131.35  CRIMINAL SIMULATION.

(A)  No person, with purpose to defraud, or knowing that the person is facilitating a fraud, shall do any of the following:

(1)   Make or alter any object so that it appears to have value because of antiquity, rarity, curiosity, source, or authorship, which it does not in fact possess.

(2)   Practice deception in making, retouching, editing, or reproducing any photograph, movie film, video tape, phonograph record, or recording tape.

(3)   Falsely or fraudulently make, simulate, forge, alter, or counterfeit any wrapper, label, stamp, cork or cap prescribed by the Liquor Control Commission under R.C. Chapters 4301 and 4303, falsely or fraudulently cause to be made, simulated, forged, altered, or counterfeited any wrapper, label, stamp, cork or cap prescribed by the Liquor Control Commission under R.C. Chapters 4301 and 4303, or use more than once any wrapper, label, stamp, cork or cap prescribed by the Liquor Control Commission under R.C. Chapters 4301 and 4303.

(4)   Offer, or possess with the purpose to offer, any object that the person knows to have been simulated as provided in divisions (A)(1), (A)(2) or (A)(3) of this section.

(B)  Whoever violates this section is guilty of criminal simulation. Except as otherwise provided in this division, criminal simulation is a misdemeanor of the first degree. If the loss to the victim is $1,000 or more, criminal simulation is a felony to be prosecuted under appropriate state law.

(R.C. §2913.32)

§ 131.36  TRADEMARK COUNTERFEITING.

(A)  No person shall knowingly do any of the following:

(1)   Attach, affix, or otherwise use a counterfeit mark in connection with the manufacture of goods or services, whether or not the goods or services are intended for sale or resale.

(2)   Possess, sell, or offer for sale tools, machines, instruments, materials, articles, or other items of personal property with the knowledge that they are designed for the production or reproduction of counterfeit marks.

(3)   Purchase or otherwise acquire goods, and keep or otherwise have the goods in the person’s possession, with the knowledge that a counterfeit mark is attached to, affixed to, or otherwise used in connection with the goods and with the intent to sell or otherwise dispose of the goods.

(4)   Sell, offer for sale, or otherwise dispose of goods with the knowledge that a counterfeit mark is attached to, affixed to, or otherwise used in connection with the goods.

(5)   Sell, offer for sale, or otherwise provide services with the knowledge that a counterfeit mark is used in connection with that sale, offer for sale, or other provision of the services.

(B)  Whoever violates this section is guilty of trademark counterfeiting.

(1)   A violation of division (A)(1) of this section is guilty of a felony to be prosecuted under appropriate state law.

(2)   Except as otherwise provided in this division, a violation of division (A)(2) of this section is a misdemeanor of the first degree. If the circumstances of the violation indicate that the tools, machines, instruments, materials, articles, or other items of personal property involved in the violation were intended for use in the commission of a felony, a violation of division (A)(2) is a felony to be prosecuted under appropriate state law.

(3)   Except as otherwise provided in this division, a violation of division (A)(3), (A)(4) or (A)(5) of this section is a misdemeanor of the first degree. If the cumulative sales price of the goods or services to which or in connection with which the counterfeit mark is attached, affixed or otherwise used in the offense is $1,000 or more, a violation of division (A)(3), (A)(4) or (A)(5) is a felony to be prosecuted under appropriate state law.

(C)  A defendant may assert as an affirmative defense to a charge of a violation of this section defenses, affirmative defenses, and limitations on remedies that would be available in a civil, criminal or administrative action or proceeding under the Lanham Act, being 15 U.S.C. §§1051 through 1127, as amended, the Trademark Counterfeiting Act of 1984, being 18 U.S.C. §2320, as amended, R.C. Chapter 1329 or another section of the Ohio Revised Code, or common law.

(D)  (1)   Law enforcement officers may seize pursuant to Criminal Rule 41, R.C. Chapter 2933, or R.C. Chapter 2981 either of the following:

(a)   Goods to which or in connection with which a person attached, affixed, otherwise used, or intended to attach, affix or otherwise use a counterfeit mark in violation of this section.

(b)   Tools, machines, instruments, materials, articles, vehicles or other items of personal property that are possessed, sold, offered for sale, or used in a violation of this section or in an attempt to commit or complicity in the commission of a violation of this section.

(2)   Notwithstanding any contrary provision of R.C. Chapter 2981, if a person is convicted of or pleads guilty to a violation of this section, an attempt to violate this section, or complicity in a violation of this section, the court involved shall declare that the goods described in division (D)(1)(a) of this section and the personal property described in division (D)(1)(b) of this section are contraband and are forfeited. Prior to the court’s entry of judgment under Criminal Rule 32, the owner of a registered trademark or service mark that is the subject to the counterfeit mark may recommend a manner in which the forfeited goods and forfeited personal property should be disposed of. If that owner makes a timely recommendation of a manner of disposition, the court is not bound by the recommendation. If that owner makes a timely recommendation of a manner of disposition, the court may include in its entry of judgment an order that requires appropriate persons to dispose of the forfeited goods and forfeited personal property in the recommended manner. If the owner fails to make a timely recommendation of a manner of disposition or if that owner makes a timely recommendation of a manner of disposition but the court determines to not follow the recommendation, the court shall include in its entry of judgement an order that requires the law enforcement agency that employs the law enforcement officer who seized the forfeited goods or the forfeited personal property to destroy them or cause their destruction.

(E)  This section does not affect the rights of an owner of a trademark or service mark, or the enforcement in a civil action or in administrative proceedings of the rights of an owner or a trademark or service mark under the Lanham Act, being 15 U.S.C. §§1051 through 1127, as amended, the Trademark Counterfeiting Act of 1984, being 18 U.S.C. §2320, as amended, R.C. Chapter 1329, or another section of the Ohio Revised Code, or common law.

(F)   As used in this section:

COUNTERFEIT MARK.

(a)   Except as provided in division (b) of this definition, the term means a spurious trademark or a spurious service mark that satisfies both of the following:

1. It is identical with or substantially indistinguishable from a mark that is registered on the principal register in the United States Patent and Trademark Office for the same goods or services as the goods or services to which or in connection with which the spurious trademark or spurious service mark is attached, affixed, or otherwise used, or from a mark that is registered with the Secretary of State pursuant to R.C. §§1329.54 through 1329.67 for the same goods or services as the goods or services to which or in connection with which the spurious trademark or spurious service mark is attached, affixed, or otherwise used, and the owner of the registration uses that registered trademark, whether or not the offender knows that the mark is registered in a manner described in this division (a)1.

1. Its use is likely to cause confusion or mistake or to deceive other persons.

(b)   The term does not include a mark or other designation that is attached to, affixed to, or otherwise used in connection with goods or services if the holder of the right to use the mark or other designation authorizes the manufacturer, producer, or vendor of those goods or services to attach, affix, or otherwise use the mark or other designation in connection with those goods or services at the time of their manufacture, production or sale.

CUMULATIVE SALES PRICE. Means the product of the lowest single unit sales price charged or sought to be charged by an offender for goods to which or in connection with which a counterfeit mark is attached, affixed, or otherwise used or of the lowest single service transaction price charged or sought to be charged by an offender for services in connection with which a counterfeit mark is used, multiplied by the total number of those goods or services, whether or not units of goods are sold or are in an offender’s possession, custody or control.

REGISTERED TRADEMARK OR SERVICE MARK. Means a trademark or service mark that is registered in a manner described in division (a) of the definition of Acounterfeit mark@.

SERVICE MARK. Has the same meaning as in R.C. §1329.54.

TRADEMARK. Has the same meaning as in R.C. §1329.54.

(R.C. §2913.34)

§ 131.37  DIMINISHING OR INTERFERING WITH FORFEITABLE PROPERTY.

(A)  No person shall destroy, damage, remove, or transfer property that is subject to forfeiture or otherwise take any action in regard to property that is subject to forfeiture with purpose to do any of the following:

(1)   Prevent or impair the state’s or political subdivision’s lawful authority to take the property into its custody or control under R.C. Chapter 2981 or to continue holding the property under its lawful custody or control;

(2)   Impair or defeat the court’s continuing jurisdiction over the person and property;

(3)   Devalue property that the person knows, or has reasonable cause to believe, is subject to forfeiture proceedings under R.C. Chapter 2981.

(B)  Whoever violates this section is guilty of interference with or diminishing forfeitable property. Except as otherwise provided in this division (B), interference with or diminishing forfeitable property is a misdemeanor of the first degree. If the value of the property is $1,000 or more, interference with or diminishing forfeitable property is a felony to be prosecuted under appropriate state law.

(R.C. §2981.07)

§ 131.38  RECORDING CREDIT CARD, TELEPHONE, OR SOCIAL SECURITY NUMBERS.

(A)  No person shall record or cause to be recorded either of the following:

(1)   A credit card account number of the other party to a transaction, when a check, bill of exchange or other draft is presented for payment; or

(2)   The telephone number or Social Security account number of the other party to a transaction, when payment is made by credit card charge agreement, check, bill of exchange or other draft.

(B)  Division (A) of this section does not apply to a transaction, if all of the following conditions are met:

(1)   The credit card account number, Social Security account number or telephone number is recorded for a legitimate business purpose, including collection purposes.

(2)   The other party to the transaction consents to the recording of the credit card account number, Social Security account number or telephone number.

(3)   The credit card account number, Social Security account number or telephone number that is recorded during the course of the transaction is not disclosed to any third party for any purposes other than collection purposes and is not used to market goods or services unrelated to the goods or services purchased in the transaction.

(C)  Nothing in this section prohibits the recording of the number of a credit card account when given in lieu of a deposit to secure payment in the event of default, loss, damage or other occurrence, or requires a person to accept a check presented for payment, if the other party to the transaction refuses to consent to the recording of the number of the party’s Social Security account or license to operate a motor vehicle.

(R.C. §1349.17)

(D)  Whoever violates any of the provisions of this section is guilty of a minor misdemeanor.

(R.C. §1349.99(A))

§ 131.39  PROSECUTIONS FOR THEFT OF UTILITIES.

(A)  In a prosecution for a theft offense, as defined in R.C. §2913.01, that involves alleged tampering with a gas, electric, steam or water meter, conduit or attachment of a utility that has been disconnected by the utility, proof that a meter, conduit or attachment of a utility has been tampered with is prima facie evidence that the person who is obligated to pay for the service rendered through the meter, conduit or attachment, and who is in possession or control of the meter, conduit or attachment at the time the tampering occurred has caused the tampering with intent to commit a theft offense.

(B)  In a prosecution for a theft offense, as defined in R.C. §2913.01, that involves the alleged reconnection of a gas, electric, steam or water meter, conduit or attachment of a utility that has been disconnected by the utility, proof that a meter, conduit or attachment disconnected by a utility has been reconnected without the consent of the utility is prima facie evidence that the person in possession or control of the meter, conduit or attachment at the time of the reconnection has reconnected the meter, conduit or attachment with intent to commit a theft offense.

(C)  As used in this section:

TAMPER. Means to interfere with, damage or bypass a utility meter, conduit or attachment with the intent to impede the correct registration of a meter or the proper functions of a conduit or attachment so as to reduce the amount of utility service that is registered on the meter.

UTILITY. Means any electric light company, gas company, natural gas company, pipe-line company, water-works company or heating or cooling company, as defined in R.C. §4905.03(C), (D), (E), (F), (G), or (H), its lessees, trustees or receivers, or any similar utility owned or operated by a political subdivision.

(R.C. §4933.18)

(D)  Each electric light company, gas company, natural gas company, pipeline company, waterworks company or heating or cooling company, as defined by R.C. §4905.03(C), (D), (E), (F), (G), or (H), or its lessees, trustees or receivers, and each similar utility owned or operated by a political subdivision, shall notify its customers, on an annual basis, that tampering with or bypassing a meter constitutes a theft offense that could result in the imposition of criminal sanctions.

(R.C. §4933.19)

§ 131.40  MOTION PICTURE PIRACY.

(A)  As used in this section:

AUDIOVISUAL RECORDING FUNCTION. Means the capability of a device to record or transmit a motion picture or any part of a motion picture by means of any technology existing on, or developed after, March 9, 2004.

FACILITY. Means a movie theater.

(B)  No person, without the written consent of the owner or lessee of the facility and of the licensor of the motion picture, shall knowingly operate an audiovisual recording function of a device in a facility in which the motion picture is being shown.

(C)  Whoever violates division (B) of this section is guilty of motion picture piracy, a misdemeanor of the first degree on the first offense and a felony to be prosecuted under appropriate state law on each subsequent offense.

(D)  This section does not prohibit or restrict a lawfully authorized investigative, law enforcement, protective, or intelligence gathering employee or agent of the government of this state or a political subdivision of this state, or of the federal government, when acting in an official capacity, from operating an audiovisual recording function of a device in any facility in which a motion picture is being shown.

(E)  Division (B) of this section does not limit or affect the application of any other prohibition in this code or the Ohio Revised Code. Any act that is a violation of both division (B) of this section and another provision of this code or the Ohio Revised Code may be prosecuted under this section, under the other provision of this code or the Ohio Revised Code, or under both this section and the other provision of this code or the Ohio Revised Code.

(R.C. §2913.07)

§ 131.41  RAILROAD VANDALISM; CRIMINAL TRESPASS; INTERFERENCE WITH OPERATION OF TRAIN; GRADE CROSSING DEVICE VANDALISM.

(A)  No person shall knowingly, and by any means, drop or throw any object at, onto, or in the path of, any railroad rail, railroad track, locomotive, engine, railroad car, or other vehicle of a railroad company while such vehicle is on a railroad track.

(B)  No person, without privilege to do so, shall climb upon or into any locomotive, engine, railroad car, or other vehicle of a railroad company when it is on a railroad track.

(C)  No person, without privilege to do so, shall disrupt, delay, or prevent the operation of any train or other vehicle of a railroad company while such vehicle is on a railroad track.

(D)  Whoever violates division (A) of this section is guilty of railroad vandalism. Whoever violates division (B) of this section is guilty of criminal trespass on a locomotive, engine, railroad car, or other railroad vehicle. Whoever violates division (C) of this section is guilty of interference with the operation of a train. Except as otherwise provided in this division, railroad vandalism; criminal trespass on a locomotive, engine, railroad car, or other railroad vehicle; and interference with the operation of a train each is a misdemeanor of the first degree. If the violation of division (A), (B), or (C) of this section causes serious physical harm to property or creates a substantial risk of physical harm to any person, causes physical harm to any person, or causes serious physical harm to any person, the violation is a felony to be prosecuted under appropriate state law.

(R.C. §2909.10)

(E)  No person shall knowingly deface, damage, obstruct, remove, or otherwise impair the operation of any railroad grade crossing warning signal or other protective device, including any gate, bell, light, crossbuck, stop sign, yield sign, advance warning sign, or advance pavement marking.

(F)   Whoever violates division (E) of this section is guilty of railroad grade crossing device vandalism. Except as otherwise provided in this division, railroad grade crossing device vandalism is a misdemeanor of the first degree. If the violation of division (E) of this section causes serious physical harm to property or creates a substantial risk of physical harm to any person, causes physical harm to any person, or causes serious physical harm to any person, railroad grade crossing device vandalism is a felony to be prosecuted under appropriate state law.

(R.C. §2909.101)

§ 131.42  DESECRATION.

(A)  No person, without privilege to do so, shall purposely deface, damage, pollute, or otherwise physically mistreat any of the following:

(1)   Any public monument;

(2)   Any historical or commemorative marker, or any structure, Indian mound or earthwork, cemetery, thing, or site of great historical or archaeological interest;

(3)   A place of worship, its furnishings, or religious artifacts or sacred texts within the place of worship or within the grounds upon which the place of worship is located;

(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 division (A)(1), (A)(2), (A)(4), or (A)(5) of this section is a misdemeanor of the second degree. A violation of division (A)(3) of this section is a felony to be prosecuted under appropriate state law.

(C)  As used in this section, Acemetery@ means any place of burial and includes burial sites that contain American Indian burial objects placed with or containing American Indian human remains.

(R.C. §2927.11)

Section

132.01Riot
132.02 Failure to disperse
132.03 Justifiable use of force to suppress riot
132.04 Disorderly conduct
132.05 Disturbing peace and good order in a park
132.06 Disturbing a lawful meeting
132.07 Misconduct at an emergency
132.08 Inducing panic
132.09 Making false alarms
132.10 Unlawful assemblage
132.11 Public intoxication
132.12 Authorization for meetings
132.13 Begging, peddling, soliciting
132.14 Inciting to violence
132.15 Unlawful display of law enforcement emblem
132.16 Safety of crowds attending live entertainment performances
132.17 Misconduct involving a public transportation system
132.18 Impeding public passage of an emergency service responder

§ 132.01  RIOT.

(A)  Generally. No person shall participate with four or more others in a course of disorderly conduct in violation of R.C. § 2917.11 or a substantially equivalent municipal ordinance:

(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 the institution.

(B)  Acting with unlawful force or violence. No person shall participate with four or more others with purpose to do an act with unlawful force or violence, even though the act might otherwise be lawful.

(C)  State law penalty. Whoever violates this section is guilty of riot, a misdemeanor of the first degree.

(R.C. § 2917.03)

(D)  Required proof for offenses of riot and aggravated riot. For the purposes of prosecuting violations of this section, the prosecution is not required to allege or prove that the offender expressly agreed with four or more others to commit any act that constitutes a violation this section prior to or while committing those acts.

(R.C. § 2917.031)

(Prior Code, §132.01)

Statutory reference:

Aggravated riot, felony provisions, see R.C. § 2917.02

§ 132.02  FAILURE TO DISPERSE.

(A)  Generally. Where five or more persons are participating in a course of disorderly conduct in violation of R.C. § 2917.11 or a substantially equivalent municipal ordinance, 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 the other persons to disperse. No person shall knowingly fail to obey the order.

(B)  Peaceably assembled. Nothing in this section requires persons to disperse who are peaceably assembled for a lawful purpose.

(C)  State law penalty.

(1)   Whoever violates this section is guilty of failure to disperse.

(2)   Except as otherwise provided in division (C)(3) of this section, failure to disperse is a minor misdemeanor.

(3)   Failure to disperse is a misdemeanor of the fourth degree if the failure to obey the order described in division (A) of this section creates the likelihood of physical harm to persons or is committed at the scene of a fire, accident, disaster, riot, or emergency of any kind.

(R.C. § 2917.04)  (Prior Code, §132.02)

§ 132.03  JUSTIFIABLE USE OF FORCE TO SUPPRESS RIOT.

A law enforcement officer or firefighter engaged in suppressing a riot or in protecting persons or property during a riot:

(A)  Is justified in using force, other than deadly force, when and to the extent he or she has probable cause to believe such force is necessary to disperse or apprehend rioters;

(B)  Is justified in using force, including deadly force, when and to the extent he or she has probable cause to believe such force is necessary to disperse or apprehend rioters whose conduct is creating a substantial risk of serious physical harm to persons.

(R.C. § 2917.05)

§ 132.04  DISORDERLY CONDUCT.

(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 an offensively coarse utterance, gesture, or display, or communicating unwarranted and grossly abusive language to any person;

(3)   Insulting, taunting, or challenging another, under circumstances in which that 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 that serves no lawful and reasonable purpose of the offender;

(5)   Creating a condition that is physically offensive to persons or that presents a risk of physical harm to persons or property, by any act that 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 or she were not intoxicated, should know is likely to have such effect on others;

(2)   Engage in conduct or create a condition that presents a risk of physical harm to himself, herself 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) of this section.

(D)  If a person appears to an ordinary observer to be intoxicated, it is probable cause to believe that the person is voluntarily intoxicated for purposes of division (B) of this section.

(E)  Whoever violates this section is guilty of disorderly conduct.

(1)   Except as otherwise provided in divisions (E)(2) and (E)(3) of this section, disorderly conduct is a minor misdemeanor.

(2)   Disorderly conduct is a misdemeanor of the fourth degree if any of the following applies:

(a)   The offender persists in disorderly conduct after reasonable warning or request to desist.

(b)   The offense is committed in the vicinity of a school or in a school safety zone.

(c)   The offense is committed in the presence of any law enforcement officer, firefighter, rescuer, medical person, emergency medical services person, or other authorized person who is engaged in the person’s duties at the scene of a fire, accident, disaster, riot, or emergency of any kind.

(d)   The offense is committed in the presence of any emergency facility person who is engaged in the person’s duties in an emergency facility.

(3)   If an offender previously has been convicted of or pleaded guilty to three or more violations of division (B) of this section, R.C. § 2917.11(B), or any substantially equivalent state law or municipal ordinance, a violation of division (B) of this section is a misdemeanor of the fourth degree.

(F)   As used in this section:

COMMITTED IN THE VICINITY OF A SCHOOL. Has the same meaning as in R.C. § 2925.01.

EMERGENCY FACILITY. Has the same meaning as in R.C. § 2909.04.

EMERGENCY FACILITY PERSON. Is the singular of Aemergency facility personnel@ as defined in R.C. § 2909.04.

EMERGENCY MEDICAL SERVICES PERSON. Is the singular of Aemergency medical services personnel@ as defined in R.C. § 2133.21.

(R.C. § 2917.11)  (Prior Code, §132.03)  (Rules and Regs. §6.1)

§ 132.05  DISTURBING PEACE AND GOOD ORDER IN A PARK.

No person in or adjacent to a park shall conduct himself or herself, by word or by act, in a riotous, disorderly, boisterous, threatening, or other manner so as to disturb the peace and good order in a park.

(Prior Code, §132.04)

Cross‑reference:

Regulations for permits for use of MetroParks, see Chapter 94

§ 132.06  DISTURBING A LAWFUL MEETING.

(A)  Generally. 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 the meeting, procession, or gathering; or

(2)   Make any utterance, gesture, or display which outrages the sensibilities of the group.

(B)  State law penalty. Whoever violates this section is guilty of disturbing a lawful meeting. Except as otherwise provided in this division, disturbing a lawful meeting is a misdemeanor of the fourth degree. Disturbing a lawful meeting is a misdemeanor of the first degree if either of the following applies:

(1)   The violation is committed with the intent to disturb or disquiet any assemblage of people met for religious worship at a tax-exempt place of worship, regardless of whether the conduct is within the place at which the assemblage is held or is on the property on which that place is located and disturbs the order and solemnity of the assemblage.

(2)   The violation is committed with the intent to prevent, disrupt, or interfere with a virtual meeting or gathering of people for religious worship, through use of a computer, computer system, telecommunications device, or other electronic device or system, or in any other manner.

(C)  Definitions. As used in this section:

COMPUTER. Has the same meaning as in R.C. § 2913.01.

COMPUTER SYSTEM. Has the same meaning as in R.C. § 2913.01.

TELECOMMUNICATIONS DEVICE. Has the same meaning as in R.C. § 2913.01.

VIRTUAL MEETING OR GATHERING. A meeting or gathering by interactive video conference or teleconference, or by a combination thereof.

(R.C. § 2917.12)  (Prior Code, §132.05)

§ 132.07  MISCONDUCT AT AN EMERGENCY.

(A)  Generally. No person shall knowingly do any of the following:

(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)  Access to news media. Nothing in this section shall be construed to limit access or deny information to any news media representative in the lawful exercise of the news media representative’s duties.

(C)  State law penalty. Whoever violates this section is guilty of misconduct at an emergency. Except as otherwise provided in this division, 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)  Definitions. As used in this section:

EMERGENCY FACILITY. Has the same meaning as in R.C. § 2909.04.

EMERGENCY FACILITY PERSON. Is the singular of Aemergency facility personnel@ as defined in R.C. § 2909.04.

EMERGENCY MEDICAL SERVICES PERSON. Is the singular of Aemergency medical services personnel@ as defined in R.C. § 2133.21.

(R.C. § 2917.13)  (Prior Code, §132.06)

§ 132.08  INDUCING PANIC.

(A)  Generally. 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 the 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)  Authorized fire or emergency drill. Division (A)(1) of this section does not apply to any person conducting an authorized fire or emergency drill.

(C)  State law penalty.

(1)   Whoever violates this section is guilty of inducing panic.

(2)   Except as otherwise provided in division (C)(3), inducing panic is a misdemeanor of the first degree.

(3)   If a violation of this section results in physical harm to any person, inducing panic is a felony to be prosecuted under appropriate state law. If a violation of this section results in economic harm of $1,000 or more, inducing panic is a felony to be prosecuted under appropriate state law. If the public place involved in a violation of division (A)(1) is a school or an institution of higher education, inducing panic is a felony to be prosecuted under appropriate state law. If a violation of this section pertains to a purported, threatened or actual use of a weapon of mass destruction, inducing panic is a felony to be prosecuted under appropriate state law.

(D)  Defense and prosecution.

(1)   It is not a defense to a charge under this section that pertains to a purported or threatened use of a weapon of mass destruction that the offender did not possess or have the ability to use a weapon of mass destruction or that what was represented to be a weapon of mass destruction was not a weapon of mass destruction.

(2)   Any act that is a violation of this section and any other section of the Ohio Revised Code or this code may be prosecuted under this section, the other section, or both sections.

(E)  Definitions. As used in this section:

BIOLOGICAL AGENT. Has the same meaning as in R.C. § 2917.33.

ECONOMIC HARM. Means any of the following:

(a)   All direct, incidental and consequential pecuniary harm suffered by a victim as a result of the criminal conduct. AEconomic harm@ as described in this division includes but is not limited to all of the following:

1. All wages, salaries or other compensation lost as a result of the criminal conduct;

1. The cost of all wages, salaries or other compensation paid to employees for time those employees are prevented from working as a result of the criminal conduct;

1. The overhead costs incurred from the time that a business is shut down as a result of the criminal conduct;

1. The loss of value to tangible or intangible property that was damaged as a result of the criminal conduct.

(b)   All costs incurred by the state or any political subdivision as a result of, or in making any response to, the criminal conduct that constituted the violation of this section or R.C. § 2917.32, or any substantially equivalent municipal ordinance, including but not limited to all costs so incurred by any law enforcement officers, firefighters, rescue personnel, or emergency medical services personnel of the state or the political subdivision.

EMERGENCY MEDICAL SERVICES PERSONNEL. Has the same meaning as in R.C. § 2133.21.

INSTITUTION OF HIGHER EDUCATION. Means any of the following:

(a)   A state university or college as defined in R.C. § 3345.12(A)(1), community college, state community college, university branch, or technical college;

(b)   A private, nonprofit college, university or other post-secondary institution located in this state that possesses a certificate of authorization issued by the Ohio Board of Regents pursuant to R.C. Chapter 1713;

(c)   A post-secondary institution with a certificate of registration issued by the State Board of Career Colleges and Schools pursuant to R.C. Chapter 3332.

SCHOOL. Means any school operated by a board of education or any school for which the State Board of Education prescribes minimum standards under R.C. § 3301.07, whether or not any instruction, extracurricular activities, or training provided by the school is being conducted at the time a violation of this section is committed.

WEAPON OF MASS DESTRUCTION. Means any of the following:

(a)   Any weapon that is designed or intended to cause death or serious physical harm through the release, dissemination, or impact of toxic or poisonous chemicals, or other precursors;

(b)   Any weapon involving a disease organism or biological agent;

(c)   Any weapon that is designed to release radiation or radioactivity at a level dangerous to human life;

(d)   Any of the following, except to the extent that the item or device in question is expressly excepted from the definition of Adestructive device@ pursuant to 18 U.S.C. § 921(a)(4) and regulations issued under that section:

1. Any explosive, incendiary, or poison gas bomb, grenade, rocket having a propellant charge of more than four ounces, missile having an explosive or incendiary charge of more than one-quarter ounce, mine, or similar device;

1. Any combination of parts either designed or intended for use in converting any item or device into any item or device described in division (d)1. of this definition and from which an item or device described in that division may be readily assembled.

(R.C. § 2917.31)  (Prior Code, §132.07)

§ 132.09  MAKING FALSE ALARMS.

(A)  Generally. 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 the offense did not occur;

(4)   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 impede the operation of a critical infrastructure facility.

(B)  Person conducting authorized fire or emergency drill. This section does not apply to any person conducting an authorized fire or emergency drill.

(C)  State law penalty. Whoever violates this section is guilty of making false alarms. Except as otherwise provided in this division, making false alarms is a misdemeanor of the first degree. If a violation of this section results in economic harm of $1,000 or more, making false alarms is a felony to be prosecuted under appropriate state law. If a violation of this section pertains to a purported, threatened, or actual use of a weapon of mass destruction, making false alarms is a felony to be prosecuted under appropriate state law.

(D)  Defense and prosecution.

(1)   It is not a defense to a charge under this section that pertains to a purported or threatened use of a weapon of mass destruction that the offender did not possess or have the ability to use a weapon of mass destruction or that what was represented to be a weapon of mass destruction was not a weapon of mass destruction.

(2)   Any act that is a violation of this section and any other section of the Ohio Revised Code or this code may be prosecuted under this section, the other section, or both sections.

(E)  Definitions. As used in this section:

CRITICAL INFRASTRUCTURE FACILITY. Has the same meaning as in R.C. § 2911.21.

ECONOMIC HARM and WEAPON OF MASS DESTRUCTION. Have the same meaning as in R.C. § 2917.31.

(R.C. § 2917.32)  (Prior Code, §132.08)

§ 132.10  UNLAWFUL ASSEMBLAGE.

No persons or groups of persons shall assemble in or adjacent to a park for any unlawful purpose or in riotous assemblage or with intent to annoy, harass, or inflict property damage or bodily injury upon another person or persons or inflict damage to a park.

(Prior Code, §132.10)  (Rules and Regs. §6.6)

§ 132.11  PUBLIC INTOXICATION.

No person in a park shall be intoxicated or be under the influence of any intoxicating liquor; alcoholic beverage; controlled substance, as defined by R.C. §3719.41; or harmful intoxicant.

(Prior Code, §132.11)  (Rules and Regs. §6.11)

Cross‑reference:

Alcoholic beverages, see Chapter 93

§ 132.12  AUTHORIZATION FOR MEETINGS.

No individual or organization shall conduct, sponsor, or promote any public meeting, speech, parade, concert, theater, athletic event, or other public activity in a park without a written permit from the Chief Executive Officer.

(Prior Code, §132.12)  (Rules and Regs. §6.15)

§ 132.13  BEGGING, PEDDLING, SOLICITING.

(A)  No person who is engaged in soliciting shall knowingly touch or grab another person without that person’s consent or shall knowingly approach within three feet of another person or follow another person and continue to engage or attempt to engage in solicitation with that person after that person has made an affirmative communication that he or she is unwilling or unable to engage in solicitation.

(B)  No person shall engage in soliciting with a person who is conducting a transaction at an ATM, operating a bicycle or other self-powered device, or operating a watercraft.

(Prior Code, §132.13)  (Rules and Regs. §6.16)  (Amendment approved 8-1-2022)

§ 132.14  INCITING TO VIOLENCE.

(A)  No person shall knowingly engage in conduct designed to urge or incite another to commit any offense of violence when either of the following apply:

(1)   The conduct takes place under circumstances that create a clear and present danger that any offense of violence will be committed.

(2)   The conduct proximately results in the commission of any offense of violence.

(B)  Whoever violates this section is guilty of inciting to violence. If the offense of violence that the other person is being urged or incited to commit is a misdemeanor, inciting to violence is a misdemeanor of the first degree. If the offense of violence that the other person is being urged or incited to commit is a felony, inciting to violence is a felony to be prosecuted under appropriate state law.

(R.C. § 2917.01)

§ 132.15  UNLAWFUL DISPLAY OF LAW ENFORCEMENT EMBLEM.

(A)  No person who is not entitled to do so shall knowingly display on a motor vehicle the emblem of a law enforcement agency or an organization of law enforcement officers.

(B)  Whoever violates this section is guilty of the unlawful display of the emblem of a law enforcement agency or an organization of law enforcement officers, a minor misdemeanor.

(R.C. § 2913.441)

§ 132.16  SAFETY OF CROWDS ATTENDING LIVE ENTERTAINMENT PERFORMANCES.

(A)  As used in this section:

CONCERT. Means a musical performance of which the primary component is a presentation by persons singing or playing musical instruments, that is intended by its sponsors mainly, but not necessarily exclusively, for the listening enjoyment of the audience, and that is held in a facility. The term does not include any performance in which music is a part of the presentation and the primary component of which is acting, dancing, a motion picture, a demonstration of skills or talent other than singing or playing an instrument, an athletic event, an exhibition or a speech.

FACILITY. Means any structure that has a roof or partial roof and that has walls that wholly surround the area on all sides, including but not limited to a stadium, hall, arena, armory, auditorium, ballroom, exhibition hall, convention center or music hall.

LIVE ENTERTAINMENT PERFORMANCE. Means any live speech; any live musical performance, including a concert; any live dramatic performance; any live variety show; and any other live performance with respect to which the primary intent of the audience can be construed to be viewing the performers. The term does not include any form of entertainment with respect to which the person purchasing a ticket routinely participates in amusements as well as views performers.

PERSON. Includes, in addition to an individual or entity specified in R.C. § 1.59(C), any governmental entity.

RESTRICTED ENTERTAINMENT AREA. Means any wholly or partially enclosed area, whether indoors or outdoors, that has limited access through established entrances or established turnstiles or similar devices.

(B)  (1)   No person shall sell, offer to sell, or offer in return for a donation, any ticket that is not numbered and that does not correspond to a specific seat for admission to either of the following:

(a)   A live entertainment performance that is not exempted under division (D) of this section, that is held in a restricted entertainment area, and for which more than 8,000 tickets are offered to the public;

(b)   A concert that is not exempted under division (D) of this section and for which more than 3,000 tickets are offered to the public.

(2)   No person shall advertise any live entertainment performance as described in division (B)(1)(a) of this section or any concert as described in division (B)(1)(b) of this section, unless the advertisement contains the words AReserved Seats Only@.

(C)  Unless exempted by division (D)(1) of this section, no person who owns or operates any restricted entertainment area shall fail to open, maintain and properly staff at least the number of entrances designated under division (E) of this section for a minimum of 90 minutes prior to the scheduled start of any live entertainment performance that is held in the restricted entertainment area and for which more than 3,000 tickets are sold, offered for sale or offered in return for a donation.

(D)  (1)   A live entertainment performance, other than a concert, is exempted from the provisions of divisions (B) and (C) of this section if both of the following apply:

(a)   The restricted entertainment area in which the performance is held has at least eight entrances or, if both entrances and separate admission turnstiles or similar devices are used, has at least eight turnstiles or similar devices.

(b)   The eight entrances or, if applicable, the eight turnstiles or similar devices, are opened, maintained and properly staffed at least one hour prior to the scheduled start of the performance.

(2)   (a)   The officer responsible for public safety in the municipality may, upon application of the sponsor of a concert covered by division (B) of this section, exempt the concert from the provisions of that division if such officer finds that the health, safety and welfare of the participants and spectators would not be substantially affected by failure to comply with the provisions of that division. In determining whether to grant an exemption, the officer shall consider the following factors: the size and design of the facility in which the concert is scheduled; the size, age and anticipated conduct of the crowd expected to attend the concert; and the ability of the sponsor to manage and control the expected crowd. If the sponsor of any concert desires to obtain an exemption under this division, the sponsor shall apply to the appropriate official on a form prescribed by that official. The official shall issue an order that grants or denies the exemption within five days after receipt of the application. The sponsor may appeal any order that denies an exemption to the Court of Common Pleas of the county in which the facility is located.

(b)   If an official grants an exemption under division (D)(2)(a) of this section, the official shall designate an on-duty law enforcement officer to be present at the concert. The designated officer has authority to issue orders to all security personnel at the concert to protect the health, safety and welfare of the participants and spectators.

(3)   Notwithstanding division (D)(2) of this section, in the case of a concert held in a facility located on the campus of an educational institution covered by R.C. § 3345.04, a state university law enforcement officer appointed pursuant to R.C. §§ 3345.04 and 3345.21 shall do both of the following:

(a)   Exercise the authority to grant exemptions provided by division (D)(2)(a) of this section in lieu of an official designated in that division;

(b)   If the officer grants an exemption under division (D)(3)(a) of this section, designate an on-duty state university law enforcement officer to be present at the concert. The designated officer has authority to issue orders to all security personnel at the concert to protect the health, safety and welfare of the participants and spectators.

(E)  (1)   Unless a live entertainment performance is exempted by division (D)(1) of this section, the officer responsible for public safety within the municipality shall designate, for purposes of division (C) of this section, the minimum number of entrances required to be opened, maintained and staffed at each live entertainment performance so as to permit crowd control and reduce congestion at the entrances. The designation shall be based on such factors as the size and nature of the crowd expected to attend the live entertainment performance, the length of time prior to the live entertainment performance that crowds are expected to congregate at the entrances and the amount of security provided at the restricted entertainment area.

(2)   Notwithstanding division (E)(1) of this section, a state university law enforcement officer appointed pursuant to R.C. §§ 3345.04 and 3345.21 shall designate the number of entrances required to be opened, maintained and staffed in the case of a live entertainment performance that is held at a restricted entertainment area located on the campus of an educational institution covered by R.C. § 3345.04.

(F)   No person shall enter into any contract for a live entertainment performance that does not permit or require compliance with this section.

(G)  (1)   This section does not apply to a live entertainment performance held in a restricted entertainment area if one admission ticket entitles the holder to view or participate in three or more different games, rides, activities or live entertainment performances occurring simultaneously at different sites within the restricted entertainment area and if the initial admittance entrance to the restricted entertainment area, for which the ticket is required, is separate from the entrance to any specific live entertainment performance and an additional ticket is not required for admission to the particular live entertainment performance.

(2)   This section does not apply to a symphony orchestra performance, a ballet performance, horse races, dances or fairs.

(H)  This section does not prohibit the Legislative Authority from imposing additional requirements, not in conflict with the section, for the promotion or holding of live entertainment performances.

(I)   Whoever violates division (B), (C) or (F) of this section is guilty of a misdemeanor of the first degree. If any individual suffers physical harm to the individual’s person as a result of a violation of this section, the sentencing court shall consider this factor in favor of imposing a term of imprisonment upon the offender.

(R.C. § 2917.40)

§ 132.17  MISCONDUCT INVOLVING A PUBLIC TRANSPORTATION SYSTEM.

(A)  As used in this section, PUBLIC TRANSPORTATION SYSTEM means a county transit system operated in accordance with R.C. §§ 306.01 through 306.13, a regional transit authority operated in accordance with R.C. §§ 306.30 through 306.71, or a regional transit commission operated in accordance with R.C. §§ 306.80 through 306.90.

(B)  No person shall evade the payment of the known fares of a public transportation system.

(C)  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.

(D)  No person shall do any of the following while in any facility or on any vehicle of a public transportation system:

(1)   Play sound equipment without the proper use of a private earphone;

(2)   Smoke, eat or drink in any area where the activity is clearly marked as being prohibited; or

(3)   Expectorate upon a person, facility or vehicle.

(E)  No person shall write, deface, draw or otherwise mark on any facility or vehicle of a public transportation system.

(F)   No person shall fail to comply with a lawful order of a public transportation system police officer, and no person shall resist, obstruct or abuse a public transportation police officer in the performance of the officer’s duties.

(G)  Whoever violates any of the provisions of this section is guilty of misconduct involving a public transportation system.

(1)   A violation of division (B), (C), or (F) of this section is a misdemeanor of the fourth degree.

(2)   A violation of division (D) of this section is a minor misdemeanor on a first offense. If a person previously has been convicted of or pleaded guilty to a violation of any division of this section or of a municipal ordinance that is substantially equivalent to any division of this section, a violation of division (D) of this section is a misdemeanor of the fourth degree.

(3)   A violation of division (E) of this section is a misdemeanor of the third degree.

(H)  Notwithstanding any other provision of law, 75% of each fine paid to satisfy a sentence imposed for a violation of any of the provisions of this section shall be deposited into the treasury of the County and 25% shall be deposited with the county transit board, regional transit authority or regional transit commission that operates the public transportation system involved in the violation, unless the Board of County Commissioners operates the public transportation system, in which case 100% of each fine shall be deposited into the treasury of the County.

(R.C. § 2917.41)

§ 132.18  IMPEDING PUBLIC PASSAGE OF AN EMERGENCY SERVICE RESPONDER.

(A)  No person, without privilege to do so, shall recklessly obstruct any highway, street, sidewalk, or any other public passage in such a manner as to render the highway, street, sidewalk, or passage impassable without unreasonable inconvenience or hazard if both of the following apply:

(1)   The obstruction prevents an emergency vehicle from accessing a highway or street, prevents an emergency service responder from responding to an emergency, or prevents an emergency vehicle or an emergency service responder from having access to an exit from an emergency.

(2)   Upon receipt of a request or order from an emergency service responder to remove or cease the obstruction, the person refuses to remove or cease the obstruction.

(B)  Division (A) of this section does not limit or affect the application of R.C. § 2921.31 or any other section of the Ohio Revised Code. Any conduct that is a violation of division (A) of this section and that also is a violation of R.C. § 2921.31 or any other section of the Ohio Revised Code may be prosecuted under this section, the other section of the Ohio Revised Code, or both sections.

(C)  Whoever violates this section is guilty of unlawfully impeding public passage of an emergency service responder, a misdemeanor of the first degree.

(D)  As used in this section, EMERGENCY SERVICE RESPONDER has the same meaning as in R.C. § 2921.01.

(R.C. § 2917.14)

Section

133.01 Definitions
133.02 Soliciting; loitering to engage in
133.03 Nudity; indecent exposure
133.04 Unlawful sexual conduct with a minor
133.05 Sexual imposition
133.06 Voyeurism
133.07 Procuring
133.08 Prostitution
133.09 Disseminating matter harmful to juveniles
133.10 Displaying matter harmful to juveniles
133.11 Deception to obtain matter harmful to juveniles
133.12 Polygraph examinations for victims; restrictions on use
133.13 Rules of evidence
133.14 Declaratory judgment
133.15 Injunction; abatement of nuisance
133.16 Unlawful operation of viewing booths depicting sexual conduct
133.17 Juveniles on the premises of adult entertainment establishments prohibited
133.18 Sexually oriented businesses; illegal operation and activity
133.19 Unlawful advertising of massage
133.20 Nonconsensual dissemination of private sexual images
133.99 Sentencing for sexually oriented offenses; sexual predators; registration

Statutory reference:

Assistance to victims of sexual assault, see R.C. §§ 2907.28 et seq.

Child victim, disposition of, see R.C. § 2945.481

Suppression of information at trial, see R.C. § 2907.11

Testing offenders for venereal disease and AIDS, see R.C. § 2907.27

§ 133.01  DEFINITIONS.

For the purpose of this chapter the following words and phrases shall have the following meanings ascribed to them respectively.

HARMFUL TO JUVENILES. That quality of any material or performance describing or representing nudity, sexual conduct, sexual excitement, or sado-masochistic abuse in any form to which all of the following apply:

(1)   The material or performance, when considered as a whole, appeals to the prurient interest of juveniles in sex.

(2)   The material or performance is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for juveniles.

(3)   The material or performance, when considered as a whole, lacks serious literary, artistic, political, and scientific value for juveniles.

JUVENILE. Any unmarried person under 18 years of age.

MATERIAL. Any book, magazine, newspaper, pamphlet, poster, print, picture, figure, image, description, motion picture film, video cassette, laser disc, phonograph record, cassette tape, compact disc, or other tangible thing capable of arousing interest through sight, sound, or touch and includes an image or text appearing on a computer monitor, television screen, liquid crystal display, or similar display device or an image or text recorded on a computer hard disk, computer floppy disk, compact disk, magnetic tape, or similar data storage device.

MENTAL HEALTH CLIENT OR PATIENT. Has the same meaning as in R.C. §2305.51.

MENTAL HEALTH PROFESSIONAL. Has the same meaning as in R.C. §2305.115.

MINOR. A person under the age of 18.

NUDITY. 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.

OBSCENE. 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 that group, any material or performance is Aobscene@ if any of the following apply:

(1)   Its dominant appeal is to prurient interest.

(2)   Its dominant tendency is to arouse lust by displaying or depicting sexual activity, masturbation, sexual excitement, or nudity in a way that tends to represent human beings as mere objects of sexual appetite.

(3)   Its dominant tendency is to arouse lust by displaying or depicting bestiality or extreme or bizarre violence, cruelty, or brutality.

(4)   Its dominant tendency is to appeal to scatological interest by displaying or depicting human bodily functions of elimination in a way that inspires disgust or revulsion in persons with ordinary sensibilities, without serving any genuine scientific, educational, sociological, moral, or artistic purpose.

(5)   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.

PERFORMANCE. Any motion picture, preview, trailer, play, show, skit, dance, or other exhibition performed before an audience.

PLACE WHERE A PERSON HAS A REASONABLE EXPECTATION OF PRIVACY. A place where a reasonable person would believe that the person could fully disrobe in private.

PRIVATE AREA. The genitals, pubic area, buttocks, or female breast below the top of the areola, where nude or covered by an undergarment.

PROSTITUTE. 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.

SADO-MASOCHISTIC ABUSE. Flagellation or torture by or upon a person or the condition of being fettered, bound, or otherwise physically restrained.

SEXUAL ACTIVITY. Sexual conduct or sexual contact, or both.

SEXUAL CONDUCT. Vaginal intercourse between a male and female; anal intercourse, fellatio, and cunnilingus between persons regardless of sex; and, without privilege to do so, the insertion, however slight, of any part of the body or any instrument, apparatus, or other object into the vaginal or anal opening of another. Penetration, however slight, is sufficient to complete vaginal or anal intercourse.

SEXUAL CONTACT. Any touching of an erogenous zone of another, including without limitation the thigh, genitals, buttock, pubic region, or, if the person is a female, a breast, for the purpose of sexually arousing or gratifying either person.

SEXUAL EXCITEMENT. The condition of human male or female genitals when in a state of sexual stimulation or arousal.

SPOUSE. A person married to an offender at the time of an alleged offense, except that such person shall not be considered the spouse when any of the following apply:

(1)   When the parties have entered into a written separation agreement pursuant to R.C. §3103.06.

(2)   When an action is pending between the parties for annulment, divorce, dissolution of marriage, or legal separation.

(3)   In the case of an action for legal separation, after the effective date of the judgment for legal separation.

(R.C. §2907.01)  (Prior Code, §133.01)

§ 133.02  SOLICITING; LOITERING TO ENGAGE IN.

(A)  No person shall knowingly solicit another to engage in sexual activity for hire in exchange for the person receiving anything of value from the other person.

(B)  No person, with knowledge that the person has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome, shall engage in conduct in violation of division (A) of this section.

(C)  As used in division (A) of this section, SEXUAL ACTIVITY FOR HIRE means an implicit or explicit agreement to provide sexual activity in exchange for anything of value paid to the person engaging in such sexual activity, to any person trafficking that person, or to any person associated with either such person.

(D)  (1)   Whoever violates division (A) of this section is guilty of soliciting. Soliciting is a misdemeanor of the third degree.

(2)   Whoever violates division (B) of this section is guilty of engaging in solicitation after a positive HIV test, a felony to be prosecuted under appropriate state law.

(R.C. §2907.24)

(E)  No person, with purpose to solicit another to engage in sexual activity for hire and while in or near a public place, shall do any of the following:

(1)   Beckon to, stop or attempt to stop another;

(2)   Engage or attempt to engage another in conversation;

(3)   Stop or attempt to stop the operator of a vehicle or approach a stationary vehicle;

(4)   If the offender is the operator of or a passenger in a vehicle, stop, attempt to stop, beckon to, attempt to beckon to, or entice another to approach or enter the vehicle of which the offender is the operator or in which the offender is the passenger;

(5)   Interfere with the free passage of another.

(F)   No person, with knowledge that the person has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome, shall engage in conduct in violation of division (E) of this section.

(G)  As used in division (E) of this section:

PUBLIC PLACE. Means any of the following:

(a)   A street, road, highway, thoroughfare, bikeway, walkway, sidewalk, bridge, alley, alleyway, plaza, park, driveway, parking lot or transportation facility.

(b)   A doorway or entrance way to a building that fronts on a place described in division (a) of this definition.

(c)   A place not described in division (a) or (b) of this definition that is open to the public.

VEHICLE. Has the same meaning as in R.C. §4501.01.

(H)  (1)   Whoever violates division (E) of this section is guilty of loitering to engage in solicitation, a misdemeanor of the third degree.

(2)   Whoever violates division (F) of this section is guilty of loitering to engage in solicitation after a positive HIV test, a felony to be prosecuted under appropriate state law.

(R.C. §2907.241)

(G)  No person in a park shall solicit, or attempt to solicit, another to engage in an act of sexual perversion or solicit or request another to commit, perform, or engage in any lewd, lascivious, obscene, or indecent act or behavior.

(Prior Code, §133.02)  (Rules and Regs. §6.8)

Statutory reference:

Testing offenders for venereal disease and AIDS, see R.C. § 2907.27

§ 133.03  NUDITY; INDECENT EXPOSURE.

(A)  No person in a park shall appear in a state of nudity, or make any indecent exposure of his or her person.

(Rules and Regs. §6.9)

(B)  No person shall recklessly do any of the following, under circumstances in which the person’s conduct is likely to be viewed by and affront others who are in the person’s physical proximity and who are not members of the person’s household:

(1)   Expose the persons’s private parts.

(2)   Engage in sexual conduct or masturbation.

(3)   Engage in conduct that to an ordinary observer would appear to be sexual conduct or masturbation.

(C)  No person shall knowingly do any of the following, under circumstances in which the person’s conduct is likely to be viewed by and affront another person who is in the person’s physical proximity, who is a minor, and who is not the spouse of the offender:

(1)   Engage in masturbation.

(2)   Engage in sexual conduct.

(3)   Engage in conduct that to an ordinary observer would appear to be sexual conduct or masturbation.

(4)   Expose the person’s private parts with the purpose of personal sexual arousal or gratification or to lure the minor into sexual activity.

(D)  (1)   Whoever violates this section is guilty of public indecency and shall be punished as provided in divisions (D)(2), (D)(3), (D)(4), and (D)(5) of this section.

(2)   Except as otherwise provided in this division (D)(2), a violation of division (B)(1) of this section is a misdemeanor of the fourth degree. If the offender previously has been convicted of or pleaded guilty to one violation of this section or a substantially equivalent state law or municipal ordinance, a violation of division (B)(1) of this section is a misdemeanor of the third degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a misdemeanor of the second degree. If the offender previously has been convicted of or pleaded guilty to two violations of this section or a substantially equivalent state law or municipal ordinance, a violation of division (B)(1) of this section is a misdemeanor of the second degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to three or more violations of this section or a substantially equivalent state law or municipal ordinance, a violation of division (B)(1) of this section is a misdemeanor of the first degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a felony to be prosecuted under appropriate state law.

(3)   Except as otherwise provided in this division (D)(3), a violation of division (B)(2) or (B)(3) of this section is a misdemeanor of the third degree. If the offender previously has been convicted of or pleaded guilty to one violation of this section or a substantially equivalent state law or municipal ordinance, a violation of division (B)(2) or (B)(3) of this section is a misdemeanor of the second degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to two or more violations of this section or a substantially equivalent state law or municipal ordinance, a violation of division (B)(2) or (B)(3) of this section is a misdemeanor of the first degree or, if any person who was likely to view and be affronted by the offender’s conduct was a minor, a felony to be prosecuted under appropriate state law.

(4)   Except as otherwise provided in this division (D)(4), a violation of division (C)(1), (C)(2), or (C)(3) of this section is a misdemeanor of the second degree. If the offender previously has been convicted of or pleaded guilty to one violation of this section or a substantially equivalent state law or municipal ordinance, a violation of division (C)(1), (C)(2), or (C)(3) of this section is a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to two or more violations of this section or a substantially equivalent state law or municipal ordinance, a violation of division (C)(1), (C)(2), or (C)(3) of this section is a felony to be prosecuted under appropriate state law.

(5)   Except as otherwise provided in this division (D)(5), a violation of division (C)(4) of this section is a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to any violation of this section or a substantially equivalent state law or municipal ordinance, a violation of division (C)(4) of this section is a felony to be prosecuted under appropriate state law.

(E)  (1)   If either of the following applies, the court may determine at the time of sentencing whether to classify the offender as a tier I sex offender/child-victim offender for a violation of division (D)(4) of this section:

(a)   The offender is less than ten years older than the other person.

(b)   The offender is ten or more years older than the other person and the offender has not previously been convicted of or pleaded guilty to any violation of this section or any substantially equivalent state law or municipal ordinance.

(2)   If the offender is convicted of or pleads guilty to a violation of division (C)(4) of this section, is ten or more years older than the other person, and previously has been convicted of or pleaded guilty to any violation of this section or any substantially equivalent state law or municipal ordinance, the court shall issue an order at the time of sentencing that classifies the offender as a tier I sex offender/child-victim offender subject to registration under R.C. §§2950.04, 2950.041, 2950.05, and 2950.06.

(R.C. §2907.09)

(F)   A mother is entitled to breast-feed her baby in any location of a place of public accommodation, as defined in R.C. §4112.01, wherein the mother otherwise is permitted.

(R.C. §3781.55)

(Prior Code, §133.03)

Statutory reference:

Bail considerations for persons charged, see R.C. § 2907.41

§ 133.04  UNLAWFUL SEXUAL CONDUCT WITH A MINOR.

(A)  Generally. No person who is 18 years of age or older shall engage in sexual conduct with another who is not the spouse of the offender, when the offender knows the other person is 13 years of age or older but less than 16 years of age, or the offender is reckless in that regard.

(B)  State law penalty. Whoever violates this section is guilty of unlawful sexual conduct with a minor.

(1)   Except as otherwise provided in division (B)(2), unlawful sexual conduct with a minor is a felony to be prosecuted under appropriate state law.

(2)   Except as otherwise provided in division (B)(3) of this section, if the offender is less than four years older than the other person, unlawful sexual conduct with a minor is a misdemeanor of the first degree.

(3)   If the offender previously has been convicted of or pleaded guilty to a violation of R.C. §2907.02, 2907.03 or 2907.04, or any substantially equivalent municipal ordinance, or a violation of former R.C. §2907.12, or any substantially equivalent municipal ordinance, unlawful sexual conduct with a minor is a felony to be prosecuted under appropriate state law.

(R.C. §2907.04)  (Prior Code, §133.04)

§ 133.05  SEXUAL IMPOSITION.

(A)  Generally. 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 13 years of age or older but less than 16 years of age, whether or not the offender knows the age of the person, and the offender is at least 18 years of age and four or more years older than the other person.

(5)   The offender is a mental health professional, the other person or one of the other persons is a mental health client or patient of the offender, and the offender induces the other person who is the client or patient to submit by falsely representing to the other person who is the client or patient that the sexual contact is necessary for mental health treatment purposes.

(B)  No conviction solely upon testimony unsupported by other evidence. No person shall be convicted of a violation of this section solely upon the victim’s testimony unsupported by other evidence.

(C)  State law penalty. Whoever violates this section is guilty of sexual imposition, a misdemeanor of the third degree. If the offender previously has been convicted of or pleaded guilty to a violation of this section, R.C. §2907.02, 2907.03, 2907.04, 2907.05, 2907.06, former R.C. §2907.12, or a substantially equivalent state law or municipal ordinance, a violation of this section is a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to three or more violations of this section, R.C. §2907.02, 2907.03, 2907.04, 2907.05, 2907.06, former R.C. §2907.12, or a substantially equivalent state law or municipal ordinance, or of any combination of those sections, a violation of this section is a misdemeanor of the first degree and, notwithstanding the range of jail terms prescribed in R.C. §2929.24, the court may impose on the offender a definite jail term of not more than one year.

(R.C. §2907.06)  (Prior Code, §133.05)

Statutory reference:

Gross sexual imposition, felony, see R.C. § 2907.05

Notice to licensing board or agency upon indictment, conviction or guilty plea of mental health

  professional, see R.C. §§ 2907.17 and 2907.18

§ 133.06  VOYEURISM.

(A)  Trespass to spy to eavesdrop. 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)  Trespass for photographing another in a state of nudity. No person shall knowingly commit trespass or otherwise secretly or surreptitiously videotape, film, photograph, broadcast, stream, or otherwise record another person, in a place where a person has a reasonable expectation of privacy, for the purpose of viewing the private areas of that person.

(C)  Trespass for photographing another in a state of nudity; other person a minor. No person shall knowingly commit trespass or otherwise secretly or surreptitiously videotape, film, photograph, broadcast, stream, or otherwise record a minor, in a place where a person has a reasonable expectation of privacy, for the purpose of viewing the private areas of the minor.

(D)  Secret, surreptitious actions. No person shall secretly or surreptitiously videotape, film, photograph, or otherwise record another person above, under, or through the clothing being worn by that other person for the purpose of viewing the body of, or the undergarments worn by, that other person.

(E)  State law penalty. Whoever violates this section is guilty of voyeurism.

(1)   A violation of division (A) of this section is a misdemeanor of the third degree.

(2)   A violation of division (B) of this section is a misdemeanor of the second degree.

(3)   A violation of division (D) of this section is a misdemeanor of the first degree.

(4)   A violation of division (C) of this section is a felony to be prosecuted under appropriate state law.

(R.C. §2907.08)  (Prior Code, §133.06)

§ 133.07  PROCURING.

(A)  Procuring.

(1)   No person, knowingly and for gain, shall do either of the following:

(a)   Entice or solicit another to patronize a prostitute or brothel;

(b)   Procure a prostitute for another to patronize, or take or direct another at the other’s request to any place for the purpose of patronizing a prostitute.

(2)   No person, having authority or responsibility over the use of premises, shall knowingly permit the premises to be used for the purpose of engaging in sexual activity for hire.

(3)   Whoever violates division (A)(1)(a) or (A)(1)(b) of this section is guilty of procuring. Except as otherwise provided in this division, procuring is a misdemeanor of the first degree. If the prostitute who is procured, patronized, or otherwise involved in a violation of division (A)(1)(b) of this section is under 18 years of age at the time of the violation, regardless of whether the offender who violates division (A)(1)(b) of this section knows the prostitute’s age, or if a prostitute who engages in sexual activity for hire in premises used in violation of division (A)(2) of this section is under 18 years of age at the time of the violation, regardless of whether the offender who violates division (A)(2) of this section knows the prostitute’s age, procuring is a felony to be prosecuted under appropriate state law.

(R.C. §2907.23)

(B)  Engagement in sexual activity for hire.

(1)   As used in this division (B):

PERSON WITH A DEVELOPMENTAL DISABILITY. Has the same meaning as in R.C. §2905.32.

SEXUAL ACTIVITY FOR HIRE. An implicit or explicit agreement to provide sexual activity in exchange for anything of value paid to the person engaging in such sexual activity, to any person trafficking that person, or to any person associated with either such person.

(2)   No person shall recklessly induce, entice, or procure another to engage in sexual activity for hire in exchange for the person giving anything of value to the other person.

(3)   No person shall recklessly induce, entice, or procure another to engage in sexual activity for hire in exchange for the person giving anything of value to the other person if the other person is a person with a developmental disability and the offender knows or has reasonable cause to believe that the other person is a person with a developmental disability.

(4)   Whoever violates division (B)(2) of this section is guilty of engaging in prostitution, a misdemeanor of the first degree. Whoever violates division (B)(3) of this section is guilty of engaging in prostitution with a person with a developmental disability, a felony to be prosecuted under appropriate state law. In sentencing the offender under this division, the court shall require the offender to attend an education or treatment program aimed at preventing persons from inducing, enticing, or procuring another to engage in sexual activity for hire in exchange for the person giving anything of value to the other person and, notwithstanding the fine specified in R.C. §2929.28(A)(2)(a) for a misdemeanor of the first degree, the court may impose upon the offender a fine of not more than $1,500.

(R.C. §2907.231)

(Prior Code, §133.07)

§ 133.08  PROSTITUTION.

(A)  No person shall engage in sexual activity for hire.

(B)  No person, with knowledge that the person has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome, shall engage in sexual activity for hire.

(C)  (1)   Whoever violates division (A) of this section is guilty of prostitution, a misdemeanor of the third degree.

(2)   Whoever violates division (B) of this section is guilty of engaging in prostitution after a positive HIV test, a felony to be prosecuted under appropriate state law.

(R.C. §2907.25)  (Prior Code, §133.08)

Statutory reference:

Testing offenders for venereal disease and AIDS, see R.C. § 2907.27

§ 133.09  DISSEMINATING MATTER HARMFUL TO JUVENILES.

(A)  Generally. No person, with knowledge of its character or content, shall recklessly do any of following:

(1)   Directly sell, deliver, furnish, disseminate, provide, exhibit, rent, or present to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles any material or performance that is obscene or harmful to juveniles;

(2)   Directly offer or agree to sell, deliver, furnish, disseminate, provide, exhibit, rent, or present to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles any material or performance that is obscene or harmful to juveniles;

(3)   While in the physical proximity of the juvenile or law enforcement officer posing as a juvenile, allow any juvenile or law enforcement officer posing as a juvenile to review or peruse any material or view any live performance that is harmful to juveniles.

(B)  Affirmative defenses. 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 or her 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 or her agent or employee a draft card, driver’s license, birth record, marriage license, or other official or apparently official document purporting to show that the juvenile was 18 years of age or over or married, and the person to whom the document was exhibited did not otherwise have reasonable cause to believe that the juvenile was under the age of 18 and unmarried.

(C)  Defenses.

(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 the 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, clergy, 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)  Remote transmission.

(1)   A person directly sells, delivers, furnishes, disseminates, provides, exhibits, rents, or presents or directly offers or agrees to sell, deliver, furnish, disseminate, provide, exhibit, rent, or present material or a performance to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles in violation of this section by means of an electronic method of remotely transmitting information if the person knows or has reason to believe that the person receiving the information is a juvenile or the group of persons receiving the information are juveniles.

(2)   A person remotely transmitting information by means of a method of mass distribution does not directly sell, deliver, furnish, disseminate, provide, exhibit, rent, or present or directly offer or agree to sell, deliver, furnish, disseminate, provide, exhibit, rent, or present the material or performance in question to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles in violation of this section if either of the following applies:

(a)   The person has inadequate information to know or have reason to believe that a particular recipient of the information or offer is a juvenile.

(b)   The method of mass distribution does not provide the person the ability to prevent a particular recipient from receiving the information.

(E)  State law penalty. Whoever violates this section is guilty of disseminating matter harmful to juveniles. If the material or performance involved is harmful to juveniles except as otherwise provided in this division, a violation of this section is a misdemeanor of the first degree. If the material or performance involved is obscene, violation of this section is a felony to be prosecuted under appropriate state law.

(R.C. §2907.31)

(F)   Presumptions, notice and defense.

(1)   An owner or manager, or agent or employee of an owner or manager, of a bookstore, newsstand, theater, or other commercial establishment engaged in selling material or exhibiting performances, who, in the course of business does any of the acts prohibited by this section is presumed to have knowledge of the character of the material or performance involved if the owner, manager, or agent or employee of the owner or manager has actual notice of the nature of such material or performance, whether or not the owner, manager, or agent or employee of the owner or manager has precise knowledge of its contents.

(2)   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 municipality. 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.

(3)   This §133.09 does not apply to a motion picture operator or projectionist acting within the scope of employment as an employee of the owner or manager of the theater or other place for the showing of motion pictures to the general public, and having no managerial responsibility or financial interest in the operator’s or projectionist’s place of employment, other than wages.

(4)   (a)   The provisions of §§133.09, 133.10 and 133.11(A) do not apply to a person solely because the person provided access or connection to or from an electronic method of remotely transferring information not under that person’s control, including having provided capabilities that are incidental to providing access or connection to or from the electronic method of remotely transferring the information, and that do not include the creation of the content of the material that is the subject of the access or connection.

(b)   Division (F)(4)(a) of this section does not apply to a person who conspires with an entity actively involved in the creation or knowing distribution of material in violation of §133.09, 133.10, or 133.11 or who knowingly advertises the availability of material of that nature.

(c)   Division (F)(4)(a) of this section does not apply to a person who provides access or connection to an electronic method of remotely transferring information that is engaged in the violation of §133.09, 133.10, or 133.11 and that contain content that person has selected and introduced into the electronic method of remotely transferring information or content over which that person exercises editorial control.

(5)   An employer is not guilty of a violation of §133.09, 133.10, or 133.11 based on the actions of an employee or agent of the employer unless the employee’s or agent’s conduct is within the scope of the employee’s or agent’s employment or agency, and the employer does either of the following:

(a)   With knowledge of the employee’s or agent’s conduct, the employer authorizes or ratifies the conduct.

(b)   The employer recklessly disregards the employee’s or agent’s conduct.

(6)   It is an affirmative defense to a charge under §133.09 or 133.10 as the section applies to an image transmitted through the internet or other electronic method of remotely transmitting information that the person charged with violating the section has taken, in good faith, reasonable, effective, and appropriate actions under the circumstances to restrict or prevent access by juveniles to material that is harmful to juveniles, including any method that is feasible under available technology.

(R.C. §2907.35)

(Prior Code, §133.09)

§ 133.10  DISPLAYING MATTER HARMFUL TO JUVENILES.

(A)  Generally. 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)  Use of blinder rack; not a violation. It is not a violation of division (A) of this section if the material in question is displayed by placing it behind Ablinder 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)  State law penalty. 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.

(R.C. §2907.311)  (Prior Code, §133.10)

§ 133.11  DECEPTION TO OBTAIN MATTER HARMFUL TO JUVENILES.

(A)  Generally. 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 or she is the parent, guardian, or spouse of the juvenile.

(2)   Furnish the juvenile with any identification or document purporting to show that the juvenile is 18 years of age or over or married.

(B)  Juveniles. 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 or she is 18 years of age or over or married.

(2)   Exhibit any identification or document purporting to show that he or she is 18 years of age or over or married.

(C)  State law penalty. Whoever violates this section is guilty of deception to obtain matter harmful to juveniles, a misdemeanor of the second degree. A juvenile who violates division (B) of this section shall be adjudged an unruly child, with the disposition of the case as may be appropriate under R.C. Chapter 2151.

(R.C. §2907.33)  (Prior Code, §133.11)

Statutory reference:

Juvenile Court, see R.C. Chapter 2151

§ 133.12  POLYGRAPH EXAMINATIONS FOR VICTIMS; RESTRICTIONS ON USE.

(A)  (1)   A peace officer, prosecutor, other public official, defendant, defendant’s attorney, alleged juvenile offender, or alleged juvenile offender’s attorney shall not ask or require a victim of an alleged sex offense to submit to a polygraph examination as a condition for proceeding with the investigation or prosecution of the alleged sex offense.

(2)   The refusal of the victim of an alleged sex offense to submit to a polygraph examination shall not prevent the investigation of the alleged sex offense, the filing of criminal charges with respect to the alleged sex offense, or the prosecution of the alleged perpetrator of the alleged sex offense.

(B)  As used in this section:

ALLEGED JUVENILE OFFENDER. Has the same meaning as in R.C. §2930.01.

PEACE OFFICER. Has the same meaning as in R.C. §2921.51.

POLYGRAPH EXAMINATION. Means any mechanical or electrical instrument or device of any type used or allegedly used to examine, test, or question an individual for the purpose of determining the individual’s truthfulness.

PROSECUTION. Means the prosecution of criminal charges in a criminal prosecution or the prosecution of a delinquent child complaint in a delinquency proceeding.

PROSECUTOR. Has the same meaning as in R.C. §2935.01.

PUBLIC OFFICIAL. Has the same meaning as in R.C. §117.01.

SEX OFFENSE. Means a violation of any provision of §§133.02 to 133.05 or R.C. §§2907.02 to 2907.09.

(R.C. §2907.10)

§ 133.13  RULES OF EVIDENCE.

(A)  In any case in which it is necessary to prove that a place is a brothel, evidence as to the reputation of such place and as to the reputation of the persons who inhabit or frequent it is admissible on the question of whether such place is or is not a brothel.

(B)  In any case in which it is necessary to prove that a person is a prostitute, evidence as to the reputation of such person is admissible on the question of whether such person is or is not a prostitute.

(C)  In any prosecution for a violation of §§133.07 through 133.08, proof of a prior conviction of the accused of any such offense or substantially equivalent offense is admissible in support of the charge.

(D)  The prohibition contained in R.C. §2317.02(D) against testimony by a husband or wife concerning communications between them does not apply, and the accused’s spouse may testify concerning any such communication in any of the following cases:

(1)   When the husband or wife is charged with a violation of §133.07 and the spouse testifying was the prostitute involved in the offense or the person who used the offender’s premises to engage in sexual activity for hire;

(2)   When the husband or wife is charged with a violation of §133.02(A) or §133.08.

(R.C. §2907.26)

§ 133.14  DECLARATORY JUDGMENT.

(A)  Without limitation on the persons otherwise entitled to bring an action for a declaratory judgment pursuant to R.C. Chapter 2721, involving the same issue, the following persons have standing to bring a declaratory judgment action to determine whether particular materials or performances are obscene or harmful to juveniles:

(1)   The chief legal officer of the municipality if and when there is reasonable cause to believe that R.C. §2907.31 or R.C. §2907.32, or a substantially equivalent municipal ordinance, is being or is about to be violated;

(2)   Any person who, pursuant to R.C. §2907.35(B) or a substantially equivalent municipal ordinance, has received notice in writing from the chief legal officer stating that particular materials or performances are obscene or harmful to juveniles.

(B)  Any party to an action for a declaratory judgment pursuant to division (A) of this section is entitled, upon the party’s request, to trial on the merits within five days after joinder of the issues, and the court shall render judgment within five days after trial is concluded.

(C)  An action for a declaratory judgement pursuant to division (A) of this section shall not be brought during the pendency of any civil action or criminal prosecution when the character of the particular materials or performances involved is at issue in the pending case, and either of the following applies:

(1)   Either of the parties to the action for a declaratory judgment is a party to the pending case;

(2)   A judgment in the pending case will necessarily constitute res judicata as to the character of the materials or performances involved.

(D)  A civil action or criminal prosecution in which the character of particular materials or performances is at issue, brought during the pendency of an action for a declaratory judgment involving the same issue, shall be stayed during the pendency of the action for a declaratory judgment.

(E)  The fact that a violation of R.C. §2907.31 or R.C. §2907.32, or a substantially equivalent municipal ordinance, occurs prior to a judicial determination of the character of the material or performance involved in the violation does not relieve the offender of criminal liability for the violation, even though prosecution may be stayed pending the judicial determination.

(R.C. §2907.36)

§ 133.15  INJUNCTION; ABATEMENT OF NUISANCE.

(A)  Where it appears that R.C. §2907.31 or R.C. §2907.32, or a substantially equivalent municipal ordinance, is being or is about to be violated, the chief legal officer of the municipality may bring an action to enjoin the violation. The defendant, upon his or her request, is entitled to trial on the merits within five days after the joinder of the issues, and the court shall render judgment within five days after the trial is concluded.

(B)  Premises used or occupied for repeated violations of R.C. §2907.31 or R.C. §2907.32, or a substantially equivalent municipal ordinance, constitute a nuisance subject to abatement pursuant to R.C. Chapter 3767.

(R.C. §2907.37)

Statutory reference:

Disseminating matter harmful to juveniles, felony, see R.C. § 2907.31

Pandering obscenity, felony, see R.C. § 2907.32

§ 133.16  UNLAWFUL OPERATION OF VIEWING BOOTHS DEPICTING SEXUAL CONDUCT.

(A)  As used in this section:

COMMERCIAL ESTABLISHMENT. Means an entity that is open to the public and to which either of the following applies:

(a)   It has a substantial or significant portion of its stock in trade of the sale, rental, or viewing of visual materials or performances depicting sexual conduct.

(b)   It has as a principal business purpose the sale, rental, or viewing of visual materials or performances depicting sexual conduct.

VISUAL MATERIALS OR PERFORMANCES. Means films, videos, CD-ROM discs, streaming video, or other motion pictures.

(B)  No person who has custody, control, or supervision of a commercial establishment, with knowledge of the character of the visual material or performance involved, shall knowingly permit the use of, or offer the use of, viewing booths, stalls, or partitioned portions of a room located in the commercial establishment for the purpose of viewing visual materials or performances depicting sexual conduct unless both of the following apply:

(1)   The inside of each booth, stall, or partitioned room is visible from, and at least one side of each booth, stall, or partitioned room is open to, a continuous and contiguous main aisle or hallway that is open to the public areas of the commercial establishment and is not obscured by any curtain, door, or other covering or enclosure.

(2)   No booth, stall, or partitioned room is designed, constructed, pandered, or allowed to be used for the purpose of encouraging or facilitating nudity or sexual activity on the part of or between patrons or members of the public, and no booth, stall, or partitioned room has any aperture, hole, or opening for the purpose of encouraging or facilitating nudity or sexual activity.

(C)  It is an affirmative defense to a charge under this section that either of the following applies to the involved visual materials or performances:

(1)   The visual materials or performances depicting sexual conduct are disseminated or presented for a bona fide medical, scientific, educational, religious, governmental, judicial, or other proper purpose and by or to a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, member of the clergy, prosecutor, judge, or other person having a proper interest in the visual materials or performances.

(2)   The visual materials or performances depicting sexual conduct, taken as a whole, would be found by a reasonable person to have serious literary, artistic, political, or scientific value or are presented or disseminated in good faith for a serious literary, artistic, political, or scientific purpose and are not pandered for their prurient appeal.

(D)  Whoever violates this section is guilty of permitting unlawful operation of viewing booths depicting sexual conduct, a misdemeanor of the first degree.

(R.C. §2907.38)

§ 133.17  JUVENILES ON THE PREMISES OF ADULT ENTERTAINMENT ESTABLISHMENTS PROHIBITED.

(A)  As used in this section:

ADULT ARCADE. Means any place to which the public is permitted or invited in which coin‑operated, slug-operated, or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are regularly maintained to show images to five or fewer persons per machine at any one time, and in which the images so displayed are distinguished or characterized by their emphasis upon matter exhibiting or describing specified sexual activities or specified anatomical areas.

ADULT BOOKSTORE, ADULT NOVELTY STORE, or ADULT VIDEO STORE.

(a)   Means a commercial establishment that, for any form of consideration, has as a significant or substantial portion of its stock-in-trade in, derives a significant or substantial portion of its revenues from, devotes a significant or substantial portion of its interior business or advertising to, or maintains a substantial section of its sales or display space for the sale or rental of any of the following:

1. Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, slides, or other visual representations, that are characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas;

1. Instruments, devices, or paraphernalia that are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of self or others.

(b)   Includes a commercial establishment as defined in R.C. §2907.38. An establishment may have other principal business purposes that do not involve the offering for sale, rental, or viewing of materials exhibiting or describing specified sexual activities or specified anatomical areas and still be categorized as an adult bookstore, adult novelty store, or adult video store. The existence of other principal business purposes does not exempt an establishment from being categorized as an adult bookstore, adult novelty store, or adult video store so long as one of its principal business purposes is offering for sale or rental, for some form of consideration, such materials that exhibit or describe specified sexual activities or specified anatomical areas.

ADULT CABARET. Means a nightclub, bar, juice bar, restaurant, bottle club, or similar commercial establishment, whether or not alcoholic beverages are served, that regularly features any of the following:

(a)   Persons who appear in a state of nudity or seminudity;

(b)   Live performances that are characterized by the exposure of specified anatomical areas or specified sexual activities;

(c)   Films, motion pictures, video cassettes, slides, or other photographic reproductions that are distinguished or characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas.

ADULT ENTERTAINMENT. Means the sale, rental, or exhibition, for any form of consideration, of books, films, video cassettes, magazines, periodicals, or live performances that are characterized by an emphasis on the exposure or display of specified anatomical areas or specified sexual activity.

ADULT ENTERTAINMENT ESTABLISHMENT. Means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motion picture theater, adult theater, nude or seminude model studio, or sexual encounter establishment. An establishment in which a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized therapy, including but not limited to massage therapy, as regulated pursuant to R.C. §4731.15, is not an Aadult entertainment establishment@.

ADULT MOTION PICTURE THEATER. Means a commercial establishment where films, motion pictures, video cassettes, slides, or similar photographic reproductions that are distinguished or characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas are regularly shown for any form of consideration.

ADULT THEATER. Means a theater, concert hall, auditorium, or similar commercial establishment that, for any form of consideration, regularly features persons who appear in a state of nudity or seminudity or live performances that are characterized by their emphasis upon the exposure of specified anatomical areas or specified sexual activities.

DISTINGUISHED OR CHARACTERIZED BY THEIR EMPHASIS UPON. Means the dominant or principal character and theme of the object described by this phrase. For instance, when the phrase refers to films Athat are distinguished or characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas@, the films so described are those whose dominant or principal character and theme are the exhibition or description of specified sexual activities or specified anatomical areas.

NUDE OR SEMINUDE MODEL STUDIO. Means any place where a person, who regularly appears in a state of nudity or seminudity, is provided for money or any other form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. A modeling class or studio is not a nude or seminude model studio and is not subject to this chapter if it is operated in any of the following ways:

(a)   By a college or university supported entirely or partly by taxation;

(b)   By a private college or university that maintains and operates educational programs, the credits for which are transferable to a college or university supported entirely or partly by taxation;

(c)   In a structure that has no sign visible from the exterior of the structure and no other advertising indicating that a person appearing in a state of nudity or seminudity is available for viewing, if in order to participate in a class in the structure, a student must enroll at least three days in advance of the class and if not more than one nude or seminude model is on the premises at any one time.

NUDITY, NUDE, or STATE OF NUDITY. Means the showing of the human male or female genitals, pubic area, vulva, anus, anal cleft, or cleavage with less than a fully opaque covering; or the showing of the female breasts with less than a fully opaque covering of any part of the nipple.

REGULARLY FEATURES or REGULARLY SHOWN. Means a consistent or substantial course of conduct, such that the films or performances exhibited constitute a substantial portion of the films or performances offered as a part of the ongoing business of the adult entertainment establishment.

SEMINUDE or STATE OF SEMINUDITY. Means a state of dress in which opaque clothing covers not more than the genitals, pubic region, and nipple of the female breast, as well as portions of the body covered by supporting straps or devices.

SEXUAL ENCOUNTER ESTABLISHMENT.

(a)   Means a business or commercial establishment that, as one of its principal business purposes, offers for any form of consideration a place where either of the following occur:

1. Two or more persons may congregate, associate, or consort for the purpose of engaging in specified sexual activities.

1. Two or more persons appear nude or seminude for the purpose of displaying their nude or seminude bodies for their receipt of consideration or compensation in any type or form.

(b)   An establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized therapy, including but not limited to massage therapy, as regulated pursuant to R.C. §4731.15, is not a Asexual encounter establishment@.

SPECIFIED ANATOMICAL AREAS. Means the cleft of the buttocks, anus, male or female genitals, or the female breast.

SPECIFIED SEXUAL ACTIVITY. Means any of the following:

(a)   Sex acts, normal or perverted, or actual or simulated, including intercourse, oral copulation, masturbation, or sodomy;

(b)   Excretory functions as a part of or in connection with any of the activities described in division (a) of this definition.

(B)  No person knowingly shall allow an individual, including but not limited to a patron, customer, or employee, who is under 18 years of age on the premises of an adult entertainment establishment.

(C)  No individual who is under 18 years of age knowingly shall show or give false information concerning the individual’s name or age, or other false identification, for the purpose of gaining entrance to an adult entertainment establishment.

(D)  A person shall not be found guilty of a violation of division (B) of this section if the person raises as an affirmative defense and if the jury or, in a nonjury trial, the court finds the person has established by a preponderance of the evidence, all of the following:

(1)   The individual gaining entrance to the adult entertainment establishment exhibited to an operator, employee, agent, or independent contractor of the adult entertainment establishment a driver’s or commercial driver’s license or an identification card issued under R.C. §§4507.50 and 4507.52 showing that the individual was then at least 18 years of age.

(2)   The operator, employee, agent, or independent contractor made a bona fide effort to ascertain the true age of the individual gaining entrance to the adult entertainment establishment by checking the identification presented, at the time of entrance, to ascertain that the description on the identification compared with the appearance of the individual and that the identification had not been altered in any way.

(3)   The operator, employee, agent, or independent contractor had reason to believe that the individual gaining entrance to the adult entertainment establishment was at least 18 years of age.

(E)  In any criminal action in which the affirmative defense described in division (D) of this section is raised, the Registrar of Motor Vehicles or the deputy registrar who issued a driver’s or commercial driver’s license or an identification card under R.C. §§4507.50 and 4507.52 shall be permitted to submit certified copies of the records, in the Registrar’s or deputy registrar’s possession, of the issuance of the license or identification card in question, in lieu of the testimony of the personnel of the Bureau of Motor Vehicles in the action.

(F)   (1)   Whoever violates division (B) of this section is guilty of permitting a juvenile on the premises of an adult entertainment establishment, a misdemeanor of the first degree. Each day a person violates this division constitutes a separate offense.

(2)   Whoever violates division (C) of this section is guilty of use by a juvenile of false information to enter an adult entertainment establishment, a delinquent act that would be a misdemeanor of the fourth degree if committed by an adult.

(R.C. §2907.39)

§ 133.18  SEXUALLY ORIENTED BUSINESSES; ILLEGAL OPERATION AND ACTIVITY.

(A)  As used in this section:

ADULT BOOKSTORE or ADULT VIDEO STORE. Means a commercial establishment that has as a significant or substantial portion of its stock in trade or inventory in, derives a significant or substantial portion of its revenues from, devotes a significant or substantial portion of its interior business or advertising to, or maintains a substantial section of its sales or display space for the sale or rental, for any form of consideration, of books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, slides, or other visual representations, that are characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas.

ADULT CABARET. Has the same meaning as in R.C. §2907.39.

ADULT MOTION PICTURE THEATER. Means a commercial establishment where films, motion pictures, videocassettes, slides, or similar photographic reproductions that are characterized by their emphasis upon the display of specified sexual activities or specified anatomical areas are regularly shown to more than five individuals for any form of consideration.

CHARACTERIZED BY. Describing the essential character or quality of an item.

EMPLOYEE. Means any individual who performs any service on the premises of a sexually oriented business on a full-time, part-time, or contract basis, regardless of whether the individual is denominated an employee, independent contractor, agent, or otherwise, but does not include an individual exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises.

NUDE. Has the same meaning as in R.C. §2907.39.

NUDITY. Has the same meaning as in R.C. §2907.39.

OPERATOR. Means any individual on the premises of a sexually oriented business who causes the business to function or who puts or keeps in operation the business or who is authorized to manage the business or exercise overall operational control of the business premises.

PATRON. Means any individual on the premises of a sexually oriented business except for any of the following:

(a)   An operator or an employee of the sexually oriented business;

(b)   An individual who is on the premises exclusively for repair or maintenance of the premises or for the delivery of goods to the premises;

(c)   A public employee or a volunteer firefighter emergency medical services worker acting within the scope of the public employee’s or volunteer’s duties as a public employee or volunteer.

PREMISES. Means the real property on which the sexually oriented business is located and all appurtenances to the real property, including, but not limited, to the sexually oriented business, the grounds, private walkways, and parking lots or parking garages adjacent to the real property under the ownership, control, or supervision of the owner or operator of the sexually oriented business.

REGULARLY. Means consistently or repeatedly.

SEMINUDE. Has the same meaning as in R.C. §2907.39.

SEXUAL DEVICE. Means any three-dimensional object designed and marketed for stimulation of the male or female human genitals or anus or female breasts or for sadomasochistic use or abuse of oneself or others, including but not limited to dildos, vibrators, penis pumps, and physical representations of the human genital organs, but not including devices primarily intended for protection against sexually transmitted diseases or for preventing pregnancy.

SEXUAL DEVICE SHOP. Means a commercial establishment that regularly features sexual devices, but not including any pharmacy, drug store, medical clinic, or establishment primarily dedicated to providing medical or healthcare products or services, and not including any commercial establishment that does not restrict access to its premises by reason of age.

SEXUAL ENCOUNTER CENTER. Means a business or commercial enterprise that, as one of its principal business purposes, purports to offer for any form of consideration physical contact in the form of wrestling or tumbling between individuals of the opposite sex when one or more of the individuals is nude or seminude.

SEXUALLY ORIENTED BUSINESS. Means an adult bookstore, adult video store, adult cabaret, adult motion picture theater, sexual device shop, or sexual encounter center, but does not include a business solely by reason of its showing, selling, or renting materials that may depict sex.

SPECIFIED ANATOMICAL AREAS. Includes human genitals, pubic region, and buttocks and the human female breast below a point immediately above the top of the areola.

SPECIFIED SEXUAL ACTIVITY. Means sexual intercourse, oral copulation, masturbation, or sodomy, or excretory functions as a part of or in connection with any of these activities.

STATE OF NUDITY. Has the same meaning as in R.C. §2907.39.

STATE OF SEMINUDITY. Has the same meaning as in R.C. §2907.39.

(B)  No sexually oriented business shall be or remain open for business between 12:00 midnight and 6:00 a.m. on any day, except that a sexually oriented business that holds a liquor permit pursuant to R.C. Chapter 4303 may remain open until the hour specified in that permit if it does not conduct, offer, or allow sexually oriented entertainment activity in which the performers appear nude.

(C)  (1)   No patron who is not a member of the employee’s immediate family shall knowingly touch any employee while that employee is nude or seminude or touch the clothing of any employee while that employee is nude or seminude.

(2)   No employee who regularly appears nude or seminude on the premises of a sexually oriented business, while on the premises of that sexually oriented business and while nude or seminude, shall knowingly touch a patron who is not a member of the employee’s immediate family or another employee who is not a member of the employee’s immediate family or the clothing of a patron who is not a member of the employee’s immediate family or another employee who is not a member of the employee’s immediate family or allow a patron who is not a member of the employee’s immediate family or another employee who is not a member of the employee’s immediate family to touch the employee or the clothing of the employee.

(D)  Whoever violates division (B) of this section is guilty of illegally operating a sexually oriented business, a misdemeanor of the first degree.

(E)  Whoever violates division (C) of this section is guilty of illegal sexually oriented activity in a sexually oriented business. If the offender touches a specified anatomical area of the patron or employee, or the clothing covering a specified anatomical area, a violation of division (C) of this section is a misdemeanor of the first degree. If the offender does not touch a specified anatomical area of the patron or employee, or the clothing covering a specified anatomical area, a violation of division (C) of this section is a misdemeanor of the fourth degree.

(R.C. §2907.40)

Statutory reference:

State indemnification for certain municipal liability stemming from local adult business regulations,

  see R.C. § 715.55

§ 133.19  UNLAWFUL ADVERTISING OF MASSAGE.

(A)  No person, by means of a statement, solicitation, or offer in a print or electronic publication, sign, placard, storefront display, or other medium, shall advertise massage, relaxation massage, any other massage technique or method, or any related service, with the suggestion or promise of sexual activity.

(B)  Whoever violates this section is guilty of unlawful advertising of massage, a misdemeanor of the first degree.

(C)  Nothing in this section prevents the municipality from enacting any regulation of the advertising of massage further than and in addition to the provisions of divisions (A) and (B) of this section.

(D)  As used in this section, SEXUAL ACTIVITY has the same meaning as in R.C. §2907.01.

(R.C. §2927.17)

§ 133.20  NONCONSENSUAL DISSEMINATION OF PRIVATE SEXUAL IMAGES.

(A)  As used in this section:

CABLE SERVICE PROVIDER. Has the same meaning as in R.C. §1332.01.

DIRECT-TO-HOME SATELLITE SERVICE. Has the meaning defined in 47 U.S.C. §303, as amended.

DISSEMINATE. Means to post, distribute, or publish on a computer device, computer network, web site, or other electronic device or medium of communication.

IMAGE. Means a photograph, film, videotape, digital recording, or other depiction or portrayal of a person.

INTERACTIVE COMPUTER SERVICE. Has the meaning defined in the ATelecommunications Act of 1996@, 47 U.S.C. §230, as amended.

INTERNET PROVIDER. Means a provider of internet service, including all of the following:

(a)   Broadband service, however defined or classified by the Federal Communications Commission;

(b)   Information service or telecommunications service, both as defined in the ATelecommunications Act of 1996@, 47 U.S.C. §153, as amended;

(c)   Internet protocol-enabled services, as defined in R.C. §4927.01.

MOBILE SERVICE. Has the meaning defined in 47 U.S.C. §153, as amended.

SEXUAL ACT. Means any of the following:

(a)   Sexual activity;

(b)   Masturbation;

(c)   An act involving a bodily substance that is performed for the purpose of sexual arousal or gratification;

(d)   Sado‑masochistic abuse.

TELECOMMUNICATIONS CARRIER. Has the meaning defined in 47 U.S.C. §153, as amended.

VIDEO SERVICE PROVIDER. Has the same meaning as in R.C. §1332.21.

(B)  No person shall knowingly disseminate an image of another person if all of the following apply:

(1)   The person in the image is 18 years of age or older.

(2)   The person in the image can be identified from the image itself or from information displayed in connection with the image and the offender supplied the identifying information.

(3)   The person in the image is in a state of nudity or is engaged in a sexual act.

(4)   The image is disseminated without consent from the person in the image.

(5)   The image is disseminated with intent to harm the person in the image.

(C)  This section does not prohibit the dissemination of an image if any of the following apply:

(1)   The image is disseminated for the purpose of a criminal investigation that is otherwise lawful.

(2)   The image is disseminated for the purpose of, or in connection with, the reporting of unlawful conduct.

(3)   The image is part of a news report or commentary or an artistic or expressive work, such as a performance, work of art, literary work, theatrical work, musical work, motion picture, film, or audiovisual work.

(4)   The image is disseminated by a law enforcement officer, or a corrections officer or guard in a detention facility, acting within the scope of the person’s official duties.

(5)   The image is disseminated for another lawful public purpose.

(6)   The person in the image is knowingly and willingly in a state of nudity or engaged in a sexual act and is knowingly and willingly in a location in which the person does not have a reasonable expectation of privacy.

(7)   The image is disseminated for the purpose of medical treatment or examination.

(D)  The following entities are not liable for a violation of this section solely as a result of an image or other information provided by another person:

(1)   A provider of interactive computer service;

(2)   A mobile service;

(3)   A telecommunications carrier;

(4)   An internet provider;

(5)   A cable service provider;

(6)   A direct-to-home satellite service;

(7)   A video service provider.

(E)  Any conduct that is a violation of this section and any other section of this Code or the Ohio Revised Code may be prosecuted under this section, the other section, or both sections.

(F)   (1)   (a)   Except as otherwise provided in division (F)(1)(b), (F)(1)(c), or (F)(1)(d) of this section, whoever violates this section is guilty of nonconsensual dissemination of private sexual images, a misdemeanor of the third degree.

(b)   If the offender previously has been convicted of or pleaded guilty to a violation of this section or any substantially equivalent state law or municipal ordinance, nonconsensual dissemination of private sexual images is a misdemeanor of the second degree.

(c)   If the offender previously has been convicted of or pleaded guilty to two or more violations of this section or any substantially equivalent state law or municipal ordinance, nonconsensual dissemination of private sexual images is a misdemeanor of the first degree.

(d)   If the offender is under 18 years of age and the person in the image is not more than five years older than the offender, the offender shall not be prosecuted under this section.

(2)   In addition to any other penalty or disposition authorized or required by law, the court may order any person who is convicted of a violation of this section or who is adjudicated delinquent by reason of a violation of this section to criminally forfeit all of the following property to the state under R.C. Chapter 2981:

(a)   Any profits or proceeds and any property the person has acquired or maintained in violation of this section that the sentencing court determines to have been acquired or maintained as a result of the violation;

(b)   Any interest in, securities of, claim against, or property or contractual right of any kind affording a source of influence over any enterprise that the person has established, operated, controlled, or conducted in violation of this section that the sentencing court determines to have been acquired or maintained as a result of the violation.

(G)  A victim of a violation of this section may commence a civil cause of action against the offender, as described in R.C. §2307.66.

(R.C. §2917.211)

§ 133.99  SENTENCING FOR SEXUALLY ORIENTED OFFENSES; SEXUAL PREDATORS; REGISTRATION.

(A)  If an offender is being sentenced for a sexually oriented offense or child-victim oriented offense that is a misdemeanor committed on or after January 1, 1997, and the offender is a tier III sex offender/child-victim offender relative to the offense or the offense is any offense listed in R.C. §2901.07(D)(1) to (D)(3), the judge shall include in the offender’s sentence a statement that the offender is a tier III sex offender/child-victim offender, shall comply with the requirements of R.C. §2950.03, and shall require the offender to submit to a DNA specimen collection procedure pursuant to R.C. §2901.07.

(B)  If an offender is being sentenced for a sexually oriented offense or a child-victim oriented offense that is a misdemeanor committed on or after January 1, 1997, the judge shall include in the sentence a summary of the offender’s duties imposed under R.C. §§2950.04, 2950.041, 2950.05, and 2950.06, and the duration of the duties. The judge shall inform the offender, at the time of sentencing, of those duties and of their duration. If required under R.C. §2950.03(A)(2), the judge shall perform the duties specified in that section or, if required under R.C. §2950.03(A)(6), the judge shall perform the duties specified in that division.

(R.C. §2929.23)

Cross-reference:

Sentencing generally, see Chapter 130

Section

134.01   Definitions
134.02   Public gaming
134.03   Cheating
134.04   Prohibitions against gambling; exception
134.05   Operating a gambling house
134.06   Regulations concerning operation of licensed bingo game
134.07   Records to be kept
134.08   Requirements for bingo game operators
134.09   Bingo games for amusement only
134.10   Prohibitions where instant bingo game is conducted
134.11   Raffle drawings
134.12   Instant bingo other than at bingo sessions
134.13   Restrictions on owner or lessor of location at instant bingo
134.14   Skill-based amusement machines; prohibited conduct
134.15   Electronic instant bingo; prohibited conduct

Statutory reference:

Conducting an illegal bingo game, felony, see R.C. § 2915.07

Licensing bingo games by Attorney General, see R.C. § 2915.08

Licensing distributors of bingo supplies by Attorney General, see R.C. § 2915.081

Licensing manufacturers of bingo supplies by Attorney General, see R.C. § 2915.082

§ 134.01  DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BET. The hazarding of anything of value upon the result of an event, undertaking, or contingency, but does not include a bona fide business risk.

BINGO. 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 25 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 75 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 75 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 (1)(c) of this definition, that a predetermined and pre-announced pattern of spaces has been covered on a bingo card or sheet being used by the participant.

(2)   Instant bingo, electronic instant bingo, and raffles.

BINGO GAME OPERATOR. 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, selling or redeeming electronic instant bingo tickets, credits, or vouchers, accessing an electronic instant bingo system other than as a participant, 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. ABingo game operator@ does not include a person who is installing, maintaining, updating, or repairing an electronic instant bingo system.

BINGO SESSION. 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 (1) of the definition of Abingo@ in this section, instant bingo, and electronic instant bingo;

(2)   A period for the conduct of instant bingo and electronic instant bingo for not more than two hours before and not more than two hours after the period described in division (1) of this definition.

BINGO SUPPLIES. Bingo cards or sheets; instant bingo tickets or cards; electronic bingo aids; raffle tickets; punch boards; seal cards; instant bingo ticket dispensers; electronic instant bingo systems; and devices for selecting or displaying the combination of bingo letters and numbers or raffle tickets. Items that are Abingo supplies@ are not gambling devices if sold or otherwise provided, and used, in accordance with this chapter or R.C. Chapter 2915. For purposes of this chapter, Abingo supplies@ are not to be considered equipment used to conduct a bingo game.

BOOKMAKING. The business of receiving or paying off bets.

CHAMBER OF COMMERCE. Any organization of individuals, professionals, and businesses that has the purpose to advance the commercial, financial, industrial, and civic interests of the community and that 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 I.R.C. §501(a) and described in I.R.C. §501(c)(6).

CHARITABLE BINGO GAME. Any bingo game described in divisions (1) or (2) of the definition of Abingo@ in this section that is conducted by a charitable organization that has obtained a license pursuant to R.C. §2915.08 and the proceeds of which are used for a charitable purpose.

CHARITABLE INSTANT BINGO ORGANIZATION. An organization that is exempt from federal income taxation under I.R.C. §501(a) and described in I.R.C. §501(c)(3) and is a charitable organization as defined in this section. The term does not include a charitable organization that is exempt from federal income taxation under I.R.C. §501(a) and described in I.R.C. §501(c)(3) and that is created by a veteran’s organization, a fraternal organization, or a sporting organization in regards to bingo conducted or assisted by a veteran’s organization, a fraternal organization, or a sporting organization pursuant to R.C. §2915.13, or any substantially equivalent municipal ordinance.

CHARITABLE ORGANIZATION.

(1)   Except as otherwise provided in this chapter, Acharitable organization@ means either of the following:

(a)   An organization that is exempt from federal income taxation under I.R.C. §501(a) and described in I.R.C. §501(c)(3);

(b)   A volunteer rescue service organization, volunteer firefighter’s organization, veteran’s organization, fraternal organization, or sporting organization that is exempt from federal income taxation under I.R.C. §§501(c)(4), 501(c)(7), 501(c)(8), 501(c)(10) or 501(c)(19).

(2)   To qualify as a charitable organization, an 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 R.C. §2915.08 or the conducting of any game of chance as provided in R.C. §2915.02(D), or a substantially equivalent municipal ordinance.

CHARITABLE PURPOSE. Means that the net profit of bingo, other than instant bingo or electronic instant bingo, is used by, or is given, donated, or otherwise transferred to, any of the following:

(1)   Any organization that is described in I.R.C. §§509(a)(1), 509(a)(2), or 509(a)(3) and is either a governmental unit or an organization that is tax exempt under I.R.C. §501(a) and described in I.R.C. §501(c)(3);

(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 75% 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 R.C. §5739.02(B)(12), is used for awarding scholarships to or for attendance at an institution mentioned in that division of the Ohio 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 15 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 I.R.C. §170;

(4)   A volunteer firefighter’s organization that uses the net profit for the purposes set forth in the definition of Avolunteer firefighter’s organization@ in this section.

COMMUNITY ACTION AGENCY. Has the same meaning as in R.C. §122.66.

CONDUCT. To back, promote, organize, manage, carry on, sponsor, or prepare for the operation of bingo or a game of chance, a scheme of chance, or a sweepstakes.

DEAL. A single game of instant bingo tickets, or a single game of electronic instant bingo tickets, all with the same serial number.

DISTRIBUTOR. 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.

ELECTRONIC BINGO AID.

(1)   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)   The term does not include any device into which a coin, currency, token, or an equivalent is inserted to activate play.

ELECTRONIC INSTANT BINGO.

(1)   A form of bingo that consists of an electronic or digital representation of instant bingo in which a participant wins a prize if the participant’s electronic instant bingo ticket contains a combination of numbers or symbols that was designated in advance as a winning combination, and to which all of the following apply:

(a)   Each deal has a predetermined, finite number of winning and losing tickets and a predetermined prize amount and deal structure, provided that there may be multiple winning combinations in each deal and multiple winning tickets.

(b)   Each electronic instant bingo ticket within a deal has a unique serial number that is not regenerated.

(c)   Each electronic instant bingo ticket within a deal is sold for the same price.

(d)   After a participant purchases an electronic instant bingo ticket, the combination of numbers or symbols on the ticket is revealed to the participant.

(e)   The reveal of numbers or symbols on the ticket may incorporate an entertainment or bonus theme, provided that the reveal does not include spinning reels that resemble a slot machine.

(f)   The reveal theme, if any, does not require additional consideration or award any prize other than any predetermined prize associated with the electronic instant bingo ticket.

(2)   The term shall not include any of the following:

(a)   Any game, entertainment, or bonus theme that replicates or simulates any of the following:

1. The gambling games of keno, blackjack, roulette, poker, craps, other casino-style table games;

1. Horse racing;

1. Gambling games offered in this state on slot machines or video lottery terminals. As used in this division, Avideo lottery terminal@ has the same meaning as in R.C. §3770.21.

(b)   Any device operated by dropping one or more coins or tokens into a slot and pulling a handle or pushing a button or touchpoint on a touchscreen to activate one to three or more rotating reels marked into horizontal segments by varying symbols, where the predetermined prize amount depends on how and how many of the symbols line up when the rotating reels come to a rest;

(c)   Any device that includes a coin or token slot, tray, or hopper and the ability to dispense coins, cash, tokens, or anything of value other than a credit ticket voucher.

ELECTRONIC INSTANT BINGO SYSTEM. Means both of the following:

(1)   A mechanical, electronic, digital, or video device and associated software to which all of the following apply:

(a)   It is used by not more than one player at a time to play electronic instant bingo on a single screen that is physically connected to the device;

(b)   It is located on the premises of the principal place of business of a veteran’s or fraternal organization that holds a type II or type III bingo license to conduct electronic instant bingo at that location issued under R.C. §2915.08.

(2)   Any associated equipment or software used to manage, monitor, or document any aspect of electronic instant bingo.

EXPENSES. 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 R.C. §2915.08;

(3)   Bank fees and service charges for a bingo session or game account described in R.C. §2915.10;

(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)  Payment of real property taxes and assessments that are levied on a premises on which bingo is conducted;

(13)  Any other product or service directly related to the conduct of bingo that is authorized in rules adopted by the Attorney General under R.C. §2915.08(F)(1).

FRATERNAL ORGANIZATION. 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.

GAMBLING DEVICE. Any of the following:

(1)   A book, totalizer, or other equipment used 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 or R.C. Chapter 2915.

GAMBLING OFFENSE. Any of the following:

(1)   A violation of R.C. Chapter 2915;

(2)   A violation of an existing or former municipal ordinance or law of this or any other state or of the United States substantially equivalent to any provision of this chapter or R.C. Chapter 2915 or a violation of R.C. §2915.06 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 of the United States, of which gambling is an element;

(4)   A conspiracy or attempt to commit, or complicity in committing, any offense under division (1), (2), or (3) of this definition.

GAME FLARE. The board or placard, or electronic representation of a board or placard, that accompanies each deal of instant bingo or electronic instant bingo tickets and that includes the following information for the game:

(1)   The name of the game;

(2)   The manufacturer’s name or distinctive logo;

(3)   The form number;

(4)   The ticket count;

(5)   The prize structure, including the number of winning tickets by denomination and the respective winning symbol or number combinations for the winning tickets;

(6)   The cost per play;

(7)   The serial number of the game.

GAME OF CHANCE. 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.

GAME OF CHANCE CONDUCTED FOR PROFIT. Any game of chance designed to produce income for the person who conducts or operates the game of chance, but does not include bingo.

GROSS ANNUAL REVENUES. The annual gross receipts derived from the conduct of bingo described in division (1) of the definition of Abingo@ in this section plus the annual net profit derived from the conduct of bingo described in division (2) of the definition of Abingo@ in this section.

GROSS PROFIT. Gross receipts minus the amount actually expended for the payment of prize awards.

GROSS RECEIPTS. 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. The term 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.

HISTORIC RAILROAD. 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.

INSTANT BINGO. A form of bingo that shall use 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, and may also include games in which some winners are determined by the random selection of one or more bingo numbers by the use of a seal card or bingo blower. AInstant bingo@ also includes a punch board game. In all Ainstant bingo@ the prize amount and structure shall be predetermined. The term does not include electronic instant bingo or 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.

INSTANT BINGO TICKET DISPENSER. A mechanical device that dispenses an instant bingo ticket or card as the sole item of value dispensed and that has the following characteristics:

(1)   It is activated upon the insertion of United States currency.

(2)   It performs no gaming functions.

(3)   It does not contain a video display monitor or generate noise.

(4)   It is not capable of displaying any numbers, letters, symbols, or characters in winning or losing combinations.

(5)   It does not simulate or display rolling or spinning reels.

(6)   It is incapable of determining whether a dispensed bingo ticket or card is a winning or non‑winning ticket or card and requires a winning ticket or card to be paid by a bingo game operator.

(7)   It may provide accounting and security features to aid in accounting for the instant bingo tickets or cards it dispenses.

(8)   It is not part of an electronic network and is not interactive.

INTERNAL REVENUE CODE (IRC). The Internal Revenue Code of 1986, 100 Stat. 2085, 26 U.S.C. §1 et seq., as now or hereafter amended.

MANUFACTURER. 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.

MERCHANDISE PRIZE. Any item of value, but shall not include any of the following:

(1)   Cash, gift cards, or any equivalent thereof;

(2)   Plays on games of chance, state lottery tickets, or bingo;

(3)   Firearms, tobacco, or alcoholic beverages; or

(4)   A redeemable voucher that is redeemable for any of the items listed in division (1), (2), or (3) of this definition.

NET PROFIT. Gross profit minus expenses.

NET PROFIT FROM THE PROCEEDS OF THE SALE OF INSTANT BINGO OR ELECTRONIC INSTANT BINGO. Gross profit minus the ordinary, necessary, and reasonable expense expended for the purchase of bingo supplies for the purpose of conducting instant bingo or electronic instant bingo, and, in the case of instant bingo or electronic instant bingo conducted by a veteran’s, fraternal, or sporting organization, minus the payment by that organization of real property taxes and assessments levied on a premises on which instant bingo or electronic instant bingo is conducted.

PARTICIPANT. Any person who plays bingo.

PERSON. Has the same meaning as in R.C. §1.59 and includes any firm or any other legal entity, however organized.

POOL NOT CONDUCTED FOR PROFIT. 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.

PUNCH BOARD. A form of instant bingo that uses 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. 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.

RAFFLE. 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. The term does not include the drawing of a ticket stub or other detachable section of a ticket purchased to attend a professional sporting event if both of the following apply:

(1)   The ticket stub or other detachable section is used to select the winner of a free prize given away at the professional sporting event; and

(2)   The cost of the ticket is the same as the cost of a ticket to the professional sporting event on days when no free prize is given away.

REDEEMABLE VOUCHER. Any ticket, token, coupon, receipt, or other noncash representation of value.

RELIGIOUS ORGANIZATION. 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.

REVOKE. To void permanently all rights and privileges of the holder of a license issued under R.C. §2915.08, 2915.081, or 2915.082 or a charitable gaming license issued by another jurisdiction.

SCHEME OF CHANCE.

(1)   A slot machine unless authorized under R.C. Chapter 3772, lottery unless authorized under R.C. Chapter 3770, 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. AScheme of chance@ includes the use of an electronic device to reveal the results of a game entry if valuable consideration is paid, directly or indirectly, for a chance to win a prize. Valuable consideration is deemed to be paid for a chance to win a prize in the following instances:

(a)   Less than 50% of the goods or services sold by a scheme of chance operator in exchange for game entries are used or redeemed by participants at any one location;

(b)   Less than 50% of participants who purchase goods or services at any one location do not accept, use, or redeem the goods or services sold or purportedly sold;

(c)   More than 50% of prizes at any one location are revealed to participants through an electronic device simulating a game of chance or a Acasino game@ as defined in R.C. §3772.01;

(d)   The good or service sold by a scheme of chance operator in exchange for a game entry cannot be used or redeemed in the manner advertised;

(e)   A participant pays more than fair market value for goods or services offered by a scheme of chance operator in order to receive one or more game entries;

(f)   A participant may use the electronic device to purchase additional game entries;

(g)   A participant may purchase additional game entries by using points or credits won as prizes while using the electronic device;

(h)   A scheme of chance operator pays out in prize money more than 20% of the gross revenue received at one location; or

(i)    A participant makes a purchase or exchange in order to obtain any good or service that may be used to facilitate play on the electronic device.

(2)   As used in this division, Aelectronic device@ means a mechanical, video, digital, or electronic machine or device that is capable of displaying information on a screen or other mechanism and that is owned, leased, or otherwise possessed by any person conducting a scheme of chance, or by that person’s partners, affiliates, subsidiaries, or contractors. AElectronic device@ does not include an electronic instant bingo system.

SEAL CARD. 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.

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 pursuant to R.C. §109.71 through 109.79 and who is hired to provide security for the premises on which bingo is conducted.

SKILL-BASED AMUSEMENT MACHINE.

(1)   (a)   A mechanical, video, digital, or electronic device that rewards the player or players, if at all, only with merchandise prizes or with redeemable vouchers redeemable only for merchandise prizes, provided that with respect to rewards for playing the game all of the following apply:

1. The wholesale value of a merchandise prize awarded as a result of the single play of a machine does not exceed $10;

1. Redeemable vouchers awarded for any single play of a machine are not redeemable for a merchandise prize with a wholesale value of more than $10;

1. Redeemable vouchers are not redeemable for a merchandise prize that has a wholesale value of more than $10 times the fewest number of single plays necessary to accrue the redeemable vouchers required to obtain that prize; and

1. Any redeemable vouchers or merchandise prizes are distributed at the site of the skill-based amusement machine at the time of play.

(b)   A card for the purchase of gasoline is a redeemable voucher for purposes of division (1) of this definition even if the skill-based amusement machine for the play of which the card is awarded is located at a place where gasoline may not be legally distributed to the public or the card is not redeemable at the location of, or at the time of playing, the skill-based amusement machine.

(2)   A device shall not be considered a skill-based amusement machine and shall be considered a slot machine if it pays cash or one or more of the following apply:

(a)   The ability of a player to succeed at the game is impacted by the number or ratio of prior wins to prior losses of players playing the game;

(b)   Any reward of redeemable vouchers is not based solely on the player achieving the object of the game or the player’s score;

(c)   The outcome of the game, or the value of the redeemable voucher or merchandise prize awarded for winning the game, can be controlled by a source other than any player playing the game;

(d)   The success of any player is or may be determined by a chance event that cannot be altered by player actions;

(e)   The ability of any player to succeed at the game is determined by game features not visible or known to the player;

(f)   The ability of the player to succeed at the game is impacted by the exercise of a skill that no reasonable player could exercise.

(3)   All of the following apply to any machine that is operated as described in division (1) of this definition:

(a)   As used in this definition of Askill-based amusement machine@, 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 game, play, contest, competition, or tournament may be awarded redeemable vouchers or merchandise prizes based on the results of play.

(b)   Advance play for a single 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 redeemable vouchers or merchandise prizes that are stated prior to the start of the contest, competition, or tournament.

(4)   For purposes of division (1) of this definition, the mere presence of a device, such as a pin‑setting, ball-releasing, or scoring mechanism, that does not contribute to or affect the outcome of the play of the game does not make the device a skill-based amusement machine.

SLOT MACHINE.

(1)   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;

(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 bingo or a scheme or game of chance.

(2)   The term does not include a skill-based amusement machine, an instant bingo ticket dispenser, or an electronic instant bingo system.

SPORTING ORGANIZATION. 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 League of Ohio Sportsmen, and that has been in continuous existence in this state for a period of three years.

SUSPEND. To interrupt temporarily all rights and privileges of the holder of a license issued under R.C. §2915.08, 2915.081, or 2915.082 or a charitable gaming license issued by another jurisdiction.

SWEEPSTAKES. Any game, contest, advertising scheme or plan, or other promotion where consideration is not required for a person to enter to win or become eligible to receive any prize, the determination of which is based upon chance. ASweepstakes@ does not include bingo as authorized under R.C. Chapter 2915, pari-mutuel wagering as authorized by R.C. Chapter 3769, lotteries conducted by the State Lottery Commission as authorized by R.C. Chapter 3770, and casino gaming as authorized by R.C. Chapter 3772.

SWEEPSTAKES TERMINAL DEVICE.

(1)   A mechanical, video, digital, or electronic machine or device that is owned, leased, or otherwise possessed by any person conducting a sweepstakes, or by that person’s partners, affiliates, subsidiaries, or contractors, that is intended to be used by a sweepstakes participant, and that is capable of displaying information on a screen or other mechanism. A device is a sweepstakes terminal device if any of the following apply:

(a)   The device uses a simulated game terminal as a representation of the prizes associated with the results of the sweepstakes entries.

(b)   The device utilizes software such that the simulated game influences or determines the winning of or value of the prize.

(c)   The device selects prizes from a predetermined finite pool of entries.

(d)   The device utilizes a mechanism that reveals the content of a predetermined sweepstakes entry.

(e)   The device predetermines the prize results and stores those results for delivery at the time the sweepstakes entry results are revealed.

(f)   The device utilizes software to create a game result.

(g)   The device reveals the prize incrementally, even though the device does not influence the awarding of the prize or the value of any prize awarded.

(h)   The device determines and associates the prize with an entry or entries at the time the sweepstakes is entered.

(2)   As used in this definition and in §134.04:

ENTER. The act by which a person becomes eligible to receive any prize offered in a sweepstakes.

ENTRY. One event from the initial activation of the sweepstakes terminal device until all the sweepstakes prize results from that activation are revealed.

PRIZE. Any gift, award, gratuity, good, service, credit, reward, or any other thing of value that may be transferred to a person, whether possession of the prize is actually transferred, or placed on an account or other record as evidence of the intent to transfer the prize.

SWEEPSTAKES TERMINAL DEVICE FACILITY. Any location in this state where a sweepstakes terminal device is provided to a sweepstakes participant, except as provided in §134.04(G) and R.C. §2915.02(G).

VETERAN‘S ORGANIZATION. 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 is 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 definition, 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 5,000 persons.

VOLUNTEER FIREFIGHTER‘S ORGANIZATION. Any organization of volunteer firefighters, as defined in R.C. §146.01, 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.

VOLUNTEER RESCUE SERVICE ORGANIZATION. Any organization of volunteers organized to function as an emergency medical service organization, as defined in R.C. §4765.01.

YOUTH ATHLETIC ORGANIZATION. 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 21 years of age or younger by means of sponsoring, organizing, operating, or contributing to the support of an athletic team, club, league, or association.

YOUTH ATHLETIC PARK ORGANIZATION. 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 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 18 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 (1) of this definition.

(R.C. §2915.01)  (Prior Code, §134.01)

§ 134.02  PUBLIC GAMING.

(A)  Generally. 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)  Premises not to be used in violation of division (A) above. 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)  Gambling expressly permitted by law. Divisions (A) and (B) of this section do not prohibit conduct in connection with gambling expressly permitted by law.

(D) Not to solicit for games for money in park. No person in a park shall solicit or procure participants for, engage in, or promote any game which is played for money or other thing of value.

(Rules and Regs. §6.3)

(E)  State law penalty. 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)   Nuisance. Premises used or occupied in violation of division (B) of this section constitute a nuisance subject to abatement under R.C. Chapter 3767.

(R.C. §2915.04)

(Prior Code, §134.02)

§ 134.03  CHEATING.

(A)  Corrupting outcome prohibited. 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.

(4)   Bingo.

(B)  Knowingly corrupting outcome. No person shall knowingly do any of the following:

(1)   Offer, give, solicit, or accept anything of value to corrupt the outcome of an athletic or sporting event.

(2)   Engage in conduct designed to corrupt the outcome of an athletic or sporting event.

(C)  State law penalty.

(1)   Whoever violates division (A) of this section is guilty of cheating. Except as otherwise provided in this division, cheating is a misdemeanor of the first degree. If the potential gain from the cheating is $1,000 or more or if the offender previously has been convicted of any gambling offense or of any theft offense as defined in R.C. §2913.01, cheating is a felony to be prosecuted under appropriate state law.

(2)   Whoever violates division (B) of this section is guilty of corrupting sports. Corrupting sports is a felony to be prosecuted under appropriate state law.

(R.C. §2915.05)  (Prior Code, §134.03)

§ 134.04  PROHIBITIONS AGAINST GAMBLING; EXCEPTION.

(A)  No person shall do any of the following:

(1)   Engage in bookmaking, or knowingly engage in conduct that facilitates bookmaking.

(2)   Establish, promote, or operate or knowingly engage in conduct that facilitates any game of chance conducted for profit or any scheme of chance.

(3)   Knowingly procure, transmit, exchange, or engage in conduct that facilitates the procurement, transmission, or exchange of information for use in establishing odds or determining winners in connection with bookmaking or with any game of chance conducted for profit or any scheme of chance.

(4)   Engage in betting or in playing any scheme or game of chance as a substantial source of income or livelihood.

(5)   Conduct, or participate in the conduct of, a sweepstakes with the use of a sweepstakes terminal device at a sweepstakes terminal device facility and either:

(a)   Give to another person any item described in R.C. §2915.01(VV)(1), (VV)(2), (VV)(3), or (VV)(4) as a prize for playing or participating in a sweepstakes; or

(b)   Give to another person any merchandise prize, or a redeemable voucher for a merchandise prize, the wholesale value of which is in excess of $10 and which is awarded as a single entry for playing or participating in a sweepstakes. Redeemable vouchers shall not be redeemable for a merchandise prize that has a wholesale value of more than $10.

(6)   Conduct, or participate in the conduct of, a sweepstakes with the use of a sweepstakes terminal device at a sweepstakes terminal device facility without first obtaining a current annual Acertificate of registration@ from the Attorney General as required by R.C. §2915.02(F).

(7)   With purpose to violate division (A)(1), (A)(2), (A)(3), (A)(4), (A)(5), or (A)(6) of 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 I.R.C. §501(a) and described in I.R.C. §501(c)(3).

(c)   The games of chance are conducted at festivals of the charitable organization that are conducted not more than a total of five days a calendar 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 this division, if the veteran’s or fraternal organization already has leased the premises 12 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 this division, 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 R.C. §2915.09(B)(1) or a substantially equivalent municipal ordinance 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, given, donated or otherwise transferred to any organization that is described in I.R.C. §509(a)(1), (a)(2), or (a)(3) and is either a governmental unit or an organization that is tax exempt under I.R.C. §501(a) and described in I.R.C. §501(c)(3).

(e)   The games of chance are not conducted during or within ten hours of a bingo game conducted for amusement purposes only pursuant to R.C. §2915.12 or a substantially equivalent municipal ordinance. 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, as defined in R.C. §1531.01, operated under a permit issued under R.C. §1533.92.

(3)   Bingo conducted by a charitable organization that holds a license issued under R.C. §2915.08.

(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)   Any person desiring to conduct, or participate in the conduct of, a sweepstakes with the use of a sweepstakes terminal device at a sweepstakes terminal device facility shall first register with the Office of the Attorney General and obtain an annual certificate of registration by providing a filing fee of $200 and all information as required by rule adopted under R.C. §2915.02(H). Not later than the tenth day of each month, each sweepstakes terminal device operator shall file a sweepstakes terminal device monthly report with the Attorney General and provide a filing fee of $50 and all information required by rule adopted under R.C. §2915.02(H). All information provided to the Attorney General under this division shall be available to law enforcement upon request.

(G)  (1)   A person may apply to the Attorney General, on a form prescribed by the Attorney General, for a certificate of compliance that the person is not operating a sweepstakes terminal device facility. The form shall require the person to include the address of the business location where sweepstakes terminal devices will be used and to make the following certifications:

(a)   That the person will not use more than two sweepstakes terminal devices at the business location;

(b)   That the retail value of sweepstakes prizes to be awarded at the business location using sweepstakes terminal devices during a reporting period will be less than 3% of the gross revenue received at the business location during the reporting period;

(c)   That no other form of gaming except lottery ticket sales as authorized under R.C. Chapter 3770 will be conducted at the business location or in an adjoining area of the business location;

(d)   That any sweepstakes terminal device at the business location will not allow any deposit of any money, coin, or token, or the use of any credit card, debit card, prepaid card, or any other method of similar payment to be used, directly or indirectly, to participate in a sweepstakes;

(e)   That notification of any prize will not take place on the same day as a participant’s sweepstakes entry; and

(f)   That the person consents to provide any other information to the Attorney General as required by rule adopted under R.C. §2915.02(H).

(2)   The filing fee for a certificate of compliance is $250. The Attorney General may charge up to an additional $250 for reasonable expenses resulting from any investigation related to an application for a certificate of compliance.

(3)   A certificate of compliance is effective for one year. The certificate holder may reapply for a certificate of compliance. A person issued a certificate of compliance shall file semiannual reports with the Attorney General stating the number of sweepstakes terminal devices at the business location and that the retail value of prizes awarded at the business location using sweepstakes terminal devices is less than 3% of the gross revenue received at the business location.

(H)  Whoever violates this section is guilty of gambling, a misdemeanor of the first degree. If the offender previously has been convicted of any gambling offense, gambling is a felony to be prosecuted under appropriate state law. Notwithstanding this division, failing to file a sweepstakes terminal device monthly report as required by division (F) of this section or the semiannual report required by division (G) of this section is a misdemeanor of the first degree.

(R.C. §2915.02(A) – (G), (K))

§ 134.05  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 the premises for gambling in violation of R.C. §2915.02 or a substantially equivalent municipal ordinance.

(2)   Recklessly permit the premises to be used or occupied for gambling in violation of R.C. §2915.02 or a substantially equivalent municipal ordinance.

(B)  Whoever violates division (A) of this section is guilty of operating a gambling house, a misdemeanor of the first degree. If the offender previously has been convicted of a gambling offense, operating a gambling house is a felony to be prosecuted under appropriate state law.

(C)  Premises used or occupied in violation of this section constitute a nuisance subject to abatement under R.C. Chapter 3767.

(R.C. §2915.03)

§ 134.06  REGULATIONS CONCERNING OPERATION OF LICENSED BINGO GAME.

(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, or from the landlord of a premises where bingo is conducted, 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 bingo, 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 the definition for Aexpenses@ in R.C. §2915.01, 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 (1) of the definition of Abingo@ in R.C. §2915.01, the charitable organization may deduct from the total amount of the gross receipts from each session a sum equal to the lesser of $600 or 45% 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 described in R.C. §2915.01(O)(1) for a charitable purpose listed in its license application and described in R.C. §2915.01(V), or distribute all of the net profit from the proceeds of the sale of instant bingo or electronic instant bingo as stated in its license application and in accordance with R.C. §2915.101, as applicable.

(B)  No charitable organization that conducts a bingo game described in division (1) of the definition of Abingo@ in R.C. §2915.01 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 $650 per bingo session or 45% 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 $450 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 $450 per bingo session. No charitable organization is required to pay property taxes or assessments on premises that the charitable organization leases from another person to conduct bingo sessions. 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. A charitable organization shall not lease or sublease premises that it owns or leases to more than three other charitable organizations per calendar week for 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 three charitable organizations per calendar week for conducting bingo sessions on the premises. In no case shall more than nine 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 division (1) of the definition of Abingo@ in R.C. §2915.01.

(C)  No charitable organization that conducts a bingo game described in division (1) of the definition of Abingo@ in R.C. §2915.01 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 three 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 three bingo sessions in a seven-day period after notifying the Attorney General when it will conduct the sessions;

(5)   Pay out more than $6,000 in prizes for bingo games described in R.C. §2915.01(S)(1) during any bingo session that is conducted by the charitable organization. APrizes@ does not include awards from the conduct of instant bingo.

(6)   Conduct a bingo session at any time during the eight-hour period between 2:00 a.m. and 10:00 a.m., at any time during, or within ten hours of, a bingo game conducted for amusement only pursuant to R.C. §2915.12 or any substantially equivalent municipal ordinance, 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. This division does not prohibit the sale of instant bingo tickets beginning at 9:00 a.m. for a bingo session that begins at 10:00 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 pursuant to R.C. §2915.08(J). 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 18 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;

(10)  Purchase or lease bingo supplies from any person except a distributor issued a license under R.C. §2915.081;

(11)  (a)   Use or permit the use of electronic bingo aids except under the following circumstances:

1. For any single participant, not more than 90 bingo faces can be played using an electronic bingo aid or aids.

1. The charitable organization shall provide a participant using an electronic bingo aid with corresponding paper bingo cards or sheets.

1. 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.

1. 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.

1. 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.

1. 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.

(b)   The Attorney General may adopt rules in accordance with R.C. Chapter 119 that govern the use of electronic bingo aids. The rules may include a requirement that an electronic bingo aid be capable of being audited by the Attorney General to verify the number of bingo cards or sheets played during each bingo session.

(12)  Permit any person the charitable organization knows, or should have known, to be under 18 years of age to play bingo described in division (1) of the definition of Abingo@ in R.C. §2915.01.

(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.

(2)   Except as otherwise provided in division (D)(3) of this section, no charitable organization shall provide to a bingo game operator any commission, wage, salary, reward, tip, donation, gratuity, or other form of compensation, directly or indirectly regardless of the source, for conducting instant bingo, electronic instant bingo, or both other than at a bingo session at the site of instant bingo, electronic instant bingo, or both other than at a bingo session.

(3)   Nothing in this division (D) of this section prohibits an employee of a fraternal organization, veteran’s organization, or sporting organization from selling instant bingo tickets or cards to the organization’s members or invited guests, as long as no portion of the employee’s compensation is paid from any receipts of bingo.

(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)  Whoever violates division (A)(2) of this section is guilty of illegally conducting a bingo game, a felony to be prosecuted under appropriate state law. Except as otherwise provided in this division, whoever violates division (A)(1), (A)(3), (B)(1), (B)(2), (B)(3), (C)(1) through (C)(11), 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), (A)(3), (B)(1), (B)(2), (B)(3), (C)(1) through (C)(11), or (D) of this section, a violation of division (A)(1), (A)(3), (B)(1), (B)(2), (B)(3), (C)(1) through (C)(11), or (D) of this section is a misdemeanor of the first degree. Whoever violates division (C)(12) of this section is guilty of a misdemeanor of the first degree. If the offender previously has been convicted of a violation of division (C)(12) of this section, a violation of division (C)(12) of this section is a felony to be prosecuted under appropriate state law.

(R.C. §2915.09)

§ 134.07  RECORDS TO BE KEPT.

(A)  No charitable organization that conducts bingo or a game of chance pursuant to R.C. §2915.02(D), or any substantially equivalent municipal ordinance, 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 electronic instant bingo game 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 and each electronic instant bingo game by serial number;

(2)   An itemized list of all expenses, other than prizes, that are incurred in conducting 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 each electronic instant bingo game by serial number, and the name, address, and social security number of all persons who are winners of prizes of $600 or more in value;

(4)   An itemized list of the recipients of the net profit of 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 R.C. §2915.01(V), R.C. §2915.02(D), or R.C. §2915.101, 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 Agross receipts@ under R.C. §2915.01(T);

(7)   An itemized list of all expenses incurred at each bingo session, each raffle, each punch board game, or each game of instant bingo or electronic 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 (1) or (2) of the definition of Abingo@ in R.C. §2915.01 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 or electronic fund transfers 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 R.C. Chapter 119 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 nonrepeating 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 nonrepeating serial numbers of all paper bingo cards and sheets and all instant bingo deals sold or otherwise provided to each distributor.

(H)  (1)   The Attorney General or any law enforcement agency may do all of the following:

(a)   Investigate any charitable organization, distributor, or manufacturer or any officer, agent, trustee, member, or employee of the organization, distributor, or manufacturer;

(b)   Examine the accounts and records of the charitable organization, distributor, or manufacturer or of any officer, agent, trustee, member, or employee of the organization, distributor, or manufacturer;

(c)   Conduct inspections, audits, and observations of bingo or games of chance;

(d)   Conduct inspections of the premises where bingo or games of chance are conducted or where bingo supplies are manufactured or distributed;

(e)   Take any other necessary and reasonable action to determine if a violation of any provision of this chapter or R.C. Chapter 2915 has occurred and to determine whether R.C. §2915.11, or any substantially equivalent municipal ordinance, has been complied with.

(2)   If any law enforcement agency has reasonable grounds to believe that a charitable organization, distributor, or manufacturer or an officer, agent, trustee, member, or employee of the organization, distributor, or manufacturer has violated any provision of this chapter or R.C. Chapter 2915, the law enforcement agency may proceed by action in the proper court to enforce this chapter or R.C. Chapter 2915, 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, distributor, or manufacturer that have been requested for examination, or obstruct, impede, or interfere with any inspection, audit, or observation of bingo or a game of chance, of premises where bingo or a game of chance is conducted, or of premises where bingo supplies are manufactured or distributed, 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 division (A) or (I) of this section is guilty of a misdemeanor of the first degree.

(R.C. §2915.10)

§ 134.08  REQUIREMENTS FOR BINGO GAME OPERATORS.

(A)  No person shall be a bingo game operator unless the person is 18 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. Whoever violates division (B) of this section is guilty of a misdemeanor of the first degree.

(R.C. §2915.11)

§ 134.09  BINGO GAMES FOR AMUSEMENT ONLY.

(A)  Sections 134.06 through 134.13 and 134.15 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 (A)(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 non-monetary, and in the form of merchandise, goods, or entitlement to goods or services only, and the total value of all prizes awarded during the game is less than $100.

(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 pursuant to R.C. §2915.07 through 2915.11 or any substantially equivalent municipal ordinance.

1. A scheme or game of chance, or bingo described in R.C. §2915.01(O)(2).

(e)   The number of players participating in the bingo game does not exceed 50.

(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 $0.25 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 $100.

(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 $100.

(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 pursuant to R.C. §2915.07 through 2915.15 or any substantially equivalent municipal ordinance;

1. A scheme of chance or a game of chance, or bingo described in R.C. §2915.01(O)(2).

(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 (A)(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.

(R.C. §2915.12)

§ 134.10  PROHIBITIONS WHERE INSTANT BINGO GAME IS CONDUCTED.

(A)  No charitable organization that conducts instant bingo shall do any of the following:

(1)   Fail to comply with the requirements of R.C. §2915.09(A)(1), (A)(2), and (A)(3), or any substantially equivalent municipal ordinance;

(2)   Conduct instant bingo unless either of the following applies:

(a)   That organization 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 I.R.C. §501(a), is described in I.R.C. §501(c)(3), is a charitable organization as defined in R.C. §2915.01, is in good standing in the state pursuant to R.C. §2915.08, and is in compliance with R.C. Chapter 1716;

(b)   That organization 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 I.R.C. §501(a), is described in I.R.C. §501(c)(7), (c)(8), (c)(10), or (c)(19) or is a veteran’s organization described in I.R.C. §501(c)(4), and conducts instant bingo under R.C. §2915.13.

(3)   Conduct instant bingo on any day, at any time, or at any premises not specified on the organization’s license issued pursuant to R.C. §2915.08;

(4)   Permit any person whom the organization knows or should have known has been convicted of a felony or gambling offense in any jurisdiction to be a bingo game operator in the conduct of instant bingo;

(5)   Purchase or lease supplies used to conduct instant bingo or punch board games from any person except a distributor licensed under R.C. §2915.081;

(6)   Sell or provide any instant bingo ticket or card for a price different from the price printed on it by the manufacturer on either the instant bingo ticket or card or on the game flare;

(7)   Sell an instant bingo ticket or card to a person under 18 years of age;

(8)   Fail to keep unsold instant bingo tickets or cards for less than three years;

(9)   Pay any compensation to a bingo game operator for conducting instant bingo that is conducted by the organization or for preparing, selling, or serving food or beverages at the site of the instant bingo game, permit any auxiliary unit or society of the organization to pay compensation to any bingo game operator who prepares, sells, or serves food or beverages at an instant bingo game conducted by the organization, or permit any auxiliary unit or society of the organization to prepare, sell, or serve food or beverages at an instant bingo game conducted by the organization, if the auxiliary unit or society pays any compensation to the bingo game operators who prepare, sell, or serve the food or beverages;

(10)  Pay fees to any person for any services performed in relation to an instant bingo game, except as provided in R.C. §2915.093(D);

(11)  Pay fees to any person who provides refreshments to the participants in an instant bingo game;

(12)  (a)   Allow instant bingo tickets or cards to be sold to bingo game operators at a premises at which the organization sells instant bingo tickets or cards or to be sold to employees of a D permit holder who are working at a premises at which instant bingo tickets or cards are sold;

(b)   Division (A)(12)(a) of this section does not prohibit a licensed charitable organization or a bingo game operator from giving any person an instant bingo ticket as a prize in place of a cash prize won by a participant in an instant bingo game. In no case shall an instant bingo ticket or card be sold or provided for a price different from the price printed on it by the manufacturer on either the instant bingo ticket or card or on the game flare.

(13)  Fail to display its bingo license, and the serial numbers of the deal of instant bingo tickets or cards to be sold, conspicuously at each premises at which it sells instant bingo tickets or cards;

(14)  Possess a deal of instant bingo tickets or cards that was not purchased from a distributor licensed under R.C. §2915.081 as reflected on an invoice issued by the distributor that contains all of the information required by R.C. §2915.10(E);

(15)  Fail, once it opens a deal of instant bingo tickets or cards, to continue to sell the tickets or cards in that deal until the tickets or cards with the top two highest tiers of prizes in that deal are sold;

(16)  Possess bingo supplies that were not obtained in accordance with R.C. Chapter 2915.

(B)  A charitable organization may purchase, lease, or use instant bingo ticket dispensers to sell instant bingo tickets or cards.

(C)  Pursuant to R.C. §2915.091(C), the Attorney General may adopt rules in accordance with R.C. Chapter 119 that govern the conduct of instant bingo by charitable organizations.

(D)  Whoever violates division (A) of this section or a rule adopted under division (C) of this section is guilty of illegal instant bingo conduct. Except as otherwise provided in this division, illegal instant bingo conduct is a misdemeanor of the first degree. If the offender previously has been convicted of a violation of division (A) of this section or of such a rule adopted under division (C) of this section, illegal instant bingo conduct is a felony to be prosecuted under appropriate state law.

(R.C. §2915.091)

§ 134.11  RAFFLE DRAWINGS.

(A)  (1)   Subject to division (A)(2) of this section, a person or entity may conduct a raffle to raise money for the person or entity and does not need a license to conduct bingo in order to conduct a raffle drawing that is not for profit if the person or entity is any of the following:

(a)   Exempt from federal income taxation under I.R.C. §501(a) and described in I.R.C. §501(c)(3);

(b)   A school district, community school established under R.C. Chapter 3314, STEM school established under R.C. Chapter 3326, college-preparatory boarding school established under R.C. Chapter 3328, or chartered nonpublic school;

(c)   Exempt from federal income taxation under I.R.C. §501(a) and described in I.R.C. §501(c)(4), 501(c)(6), 501(c)(7), 501(c)(8), 501(c)(10), or 501(c)(19).

(2)   If a person or entity that is described in division (A)(1)(c) of this section conducts a raffle, the person or entity shall distribute at least 50% of the net profit from the raffle to a charitable purpose described in R.C. §2915.01(V) or to a department or agency of the federal government, the state, or any political subdivision.

(B)  Except as provided in division (A) of this section, no person shall conduct a raffle drawing that is for profit or a raffle drawing that is not for profit.

(C)  Whoever violates division (B) of this section is guilty of illegal conduct of a raffle. Except as otherwise provided in this division, illegal conduct of a raffle is a misdemeanor of the first degree. If the offender previously has been convicted of a violation of division (B) of this section, illegal conduct of a raffle is a felony to be prosecuted under appropriate state law.

(R.C. §2915.092)

§ 134.12  INSTANT BINGO OTHER THAN AT BINGO SESSIONS.

(A)  As used in this section, RETAIL INCOME FROM ALL COMMERCIAL ACTIVITY means the income that a person receives from the provision of goods, services, or activities that are provided at the location where instant bingo other than at a bingo session is conducted, including the sale of instant bingo tickets. A religious organization that is exempt from federal income taxation under I.R.C. §501(a) and described in I.R.C. §501(c)(3), at not more than one location at which it conducts its charitable programs, may include donations from its members and guests as retail income.

(B)  (1)   If a charitable instant bingo organization conducts instant bingo other than at a bingo session under a type III license issued under R.C. §2915.08, the charitable instant bingo organization shall enter into a written contract with the owner or lessor of the location at which the instant bingo is conducted to allow the owner or lessor to assist in the conduct of instant bingo other than at a bingo session, identify each location where the instant bingo other than at a bingo session is being conducted, and identify the owner or lessor of each location.

(2)   A charitable instant bingo organization that conducts instant bingo other than at a bingo session under a type III license issued under R.C. §2915.08 is not required to enter into a written contract with the owner or lessor of the location at which the instant bingo is conducted provided that the owner or lessor is not assisting in the conduct of the instant bingo other than at a bingo session and provided that the conduct of the instant bingo other than at a bingo session at that location is not more than five days per calendar year and not more than ten hours per day.

(C)  Except as provided in division (F) of this section, no charitable instant bingo organization shall conduct instant bingo other than at a bingo session at a location where the primary source of retail income from all commercial activity at that location is the sale of instant bingo tickets.

(D)  (1)   The owner or lessor of a location that enters into a contract pursuant to division (B) of this section shall pay the full gross profit to the charitable instant bingo organization, in return for the deal of instant bingo tickets. The owner or lessor may retain the money that the owner or lessor receives for selling the instant bingo tickets, provided, however, that after the deal has been sold, the owner or lessor shall pay to the charitable instant bingo organization the value of any unredeemed instant bingo prizes remaining in the deal of instant bingo tickets.

(2)   The charitable instant bingo organization shall pay 6% of the total gross receipts of any deal of instant bingo tickets for the purpose of reimbursing the owner or lessor for expenses described in this division.

(3)   As used in this division, EXPENSES means those items provided for in R.C. §2915.01(GG)(4), (GG)(5), (GG)(6), (GG)(7), (GG)(8), (GG)(12), and (GG)(13) and that percentage of the owner’s or lessor’s rent for the location where instant bingo is conducted. Expenses, in the aggregate, shall not exceed 6% of the total gross receipts of any deal of instant bingo tickets.

(4)   As used in this division, FULL GROSS PROFIT means the amount by which the total receipts of all instant bingo tickets, if the deal has been sold in full, exceeds the amount that would be paid out if all prizes were redeemed.

(E)  A charitable instant bingo organization shall provide the Attorney General with all of the following information:

(1)   That the charitable instant bingo organization has terminated a contract entered into pursuant to division (B) of this section with an owner or lessor of a location;

(2)   That the charitable instant bingo organization has entered into a written contract pursuant to division (B) of this section with a new owner or lessor of a location;

(3)   That the charitable instant bingo organization is aware of conduct by the owner or lessor of a location at which instant bingo is conducted that is in violation of R.C. Chapter 2915.

(F)   Division (C) of this section does not apply to a volunteer firefighter’s organization that is exempt from federal income taxation under I.R.C. §501(a) and described in I.R.C. §501(c)(3), that conducts instant bingo other than at a bingo session on the premises where the organization conducts firefighter training, that has conducted instant bingo continuously for at least five years prior to July 1, 2003, and that, during each of those five years, had gross receipts of at least $1,500,000.

(R.C. §2915.093)

(G)  (1)   Subject to the requirements of R.C. §2915.14 and 2915.15 concerning electronic instant bingo, a veteran’s organization, a fraternal organization, or a sporting organization authorized to conduct a bingo session pursuant to R.C. Chapter 2915 may conduct instant bingo, electronic instant bingo, or both other than at a bingo session under a type III license issued under R.C. §2915.08 if all of the following apply:

(a)   The veteran’s organization, fraternal organization, or sporting organization limits the sale of instant bingo or electronic instant bingo to 12 hours during any day, provided that the sale does not begin earlier than 10:00 a.m. and ends not later than 2:00 a.m.

(b)   The veteran’s organization, fraternal organization, or sporting organization limits the sale of instant bingo or electronic instant bingo to its own premises and to its own members and invited guests.

(c)   The veteran’s organization, fraternal organization, or sporting organization is raising money for an organization that is described in I.R.C. §509(a)(1), (a)(2), or (a)(3) and is either a governmental unit or an organization that maintains its principal place of business in this state, that is exempt from federal income taxation under I.R.C. §501(a) and described in I.R.C. §501(c)(3), and that is in good standing in this state and executes a written contract with that organization as required in division (G)(2) of this section.

(2)   If a veteran’s organization, fraternal organization, or sporting organization authorized to conduct instant bingo or electronic instant bingo pursuant to division (G)(1) of this section is raising money for another organization that is described in I.R.C. §509(a)(1), (a)(2), or (a)(3) and is either a governmental unit or an organization that maintains its principal place of business in this state, that is exempt from federal income taxation under I.R.C. §501(a) and described in I.R.C. §501(c), and that is in good standing in this state, the veteran’s organization, fraternal organization, or sporting organization shall execute a written contract with the organization that is described in I.R.C. §509(a)(1), (a)(2), or (a)(3) and is either a governmental unit or an organization that maintains its principal place of business in this state, that is exempt from federal income taxation under I.R.C. §501(a) and described in I.R.C. §501(c), and that is in good standing in this state in order to conduct instant bingo or electronic instant bingo. That contract shall include a statement of the percentage of the net proceeds that the veteran’s, fraternal, or sporting organization will be distributing to the organization that is described in I.R.C. §509(a)(1), (a)(2), or (a)(3) and is either a governmental unit or an organization that maintains its principal place of business in this state, that is exempt from federal income taxation under I.R.C. §501(a) and described in I.R.C. §501(c)(3), and that is in good standing in this state.

(3)   (a)   If a veteran’s organization, fraternal organization, or sporting organization authorized to conduct instant bingo or electronic instant bingo pursuant to division (G)(1) of this section has been issued a liquor permit under R.C. Chapter 4303, that permit may be subject to suspension, revocation, or cancellation if the veteran’s organization, fraternal organization, or sporting organization violates a provision of this chapter or R.C. Chapter 2915.

(b)   No veteran’s organization, fraternal organization, or sporting organization that enters into a written contract pursuant to division (G)(2) of this section shall violate any provision of this chapter or R.C. Chapter 2915, or permit, aid, or abet any other person in violating any provision of this chapter or R.C. Chapter 2915.

(4)   A veteran’s organization, fraternal organization, or sporting organization shall give all required proceeds earned from the conduct of instant bingo or electronic instant bingo to the organization with which the veteran’s organization, fraternal organization, or sporting organization has entered into a written contract.

(5)   Whoever violates division (G) of this section is guilty of illegal instant bingo or electronic instant bingo conduct. Except as otherwise provided in this division, illegal instant bingo or electronic instant bingo conduct is a misdemeanor of the first degree. If the offender previously has been convicted of a violation of division (G) of this section, illegal instant bingo or electronic instant bingo conduct is a felony to be prosecuted under appropriate state law.

(R.C. §2915.13)

§ 134.13  RESTRICTIONS ON OWNER OR LESSOR OF LOCATION AT INSTANT BINGO.

(A)  No owner or lessor of a location shall assist a charitable instant bingo organization in the conduct of instant bingo other than at a bingo session at that location unless the owner or lessor has entered into a written contract, as described in R.C. §2915.093, with the charitable instant bingo organization to assist in the conduct of instant bingo other than at a bingo session.

(B)  The location of the lessor or owner shall be designated as a location where the charitable instant bingo organization conducts instant bingo other than at a bingo session.

(C)  No owner or lessor of a location that enters into a written contract as prescribed in division (A) of this section shall violate any provision of this chapter or R.C. Chapter 2915, or permit, aid, or abet any other person in violating any provision of this chapter or R.C. Chapter 2915.

(D)  No owner or lessor of a location that enters into a written contract as prescribed in division (A) of this section shall violate the terms of the contract.

(E)  (1)   Whoever violates division (C) or (D) of this section is guilty of illegal instant bingo conduct. Except as otherwise provided in this division, illegal instant bingo conduct is a misdemeanor of the first degree. If the offender previously has been convicted of a violation of division (C) or (D) of this section, illegal instant bingo conduct is a felony to be prosecuted under appropriate state law.

(2)   If an owner or lessor of a location knowingly, intentionally, or recklessly violates division (C) or (D) of this section, any license that the owner or lessor holds for the retail sale of any goods on the owner’s or lessor’s premises that is issued by the state or a political subdivision is subject to suspension, revocation, or payment of a monetary penalty at the request of the Attorney General.

(R.C. §2915.094)

§ 134.14  SKILL-BASED AMUSEMENT MACHINES; PROHIBITED CONDUCT.

(A)  No person shall give to another person any item described in division (1), (2), (3), or (4) of the definition for Amerchandise prize@ in §134.01 in exchange for a noncash prize, toy, or novelty received as a reward for playing or operating a skill-based amusement machine or for a free or reduced-price game won on a skill-based amusement machine.

(B)  Whoever violates division (A) of this section is guilty of skill-based amusement machine prohibited conduct. A violation of division (A) of this section is a misdemeanor of the first degree for each redemption of a prize that is involved in the violation. If the offender previously has been convicted of a violation of division (A) of this section, a violation of that division is a felony to be prosecuted under appropriate state law.

(R.C. §2915.06)

(C)  Any regulation of skill-based amusement machines shall be governed by this chapter or R.C. Chapter 2915 and not by R.C. Chapter 1345.

(R.C. §2915.061)

§ 134.15  ELECTRONIC INSTANT BINGO; PROHIBITED CONDUCT.

(A)  No charitable organization shall conduct electronic instant bingo unless all of the following are true:

(1)   The organization is a veteran’s organization described in R.C. §2915.01(J), or is a fraternal organization described in R.C. §2915.01(L), and the organization qualified as a veteran’s organization or fraternal organization, as applicable, on or before June 30, 2021.

(2)   The organization is a veteran’s organization described in I.R.C. §501(c)(4) or 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 I.R.C. §501(a), and is described in I.R.C. §501(c)(7), 501(c)(8), 501(c)(10), or 501(c)(19).

(3)   The organization has not conducted a raffle in violation of R.C. §2915.092(B) using an electronic raffle machine, as described in Ohio Veterans and Fraternal Charitable Coalition v. DeWine, Case No. 13‑CV‑13610 (C.P. Franklin Co. February 23, 2018), at any time on or after January 1, 2022.

(B)  No charitable organization that conducts electronic instant bingo shall do any of the following:

(1)   Possess an electronic instant bingo system that was not obtained in accordance with R.C. Chapter 2915 or with any rule adopted under R.C. Chapter 2915;

(2)   Conduct electronic instant bingo on any day, at any time, or on any premises not specified on the organization’s type II or type III license issued under R.C. §2915.08;

(3)   Hold more than one valid license to conduct electronic instant bingo at any one time;

(4)   Conduct electronic instant bingo on more than one premises or on any premises other than the charitable organization’s principal place of business;

(5)   Operate more than ten electronic bingo systems at the premises on which the charitable organization conducts electronic instant bingo under its license;

(6)   Fail to display both of the following conspicuously at the premises on which the charitable organization conducts electronic instant bingo:

(a)   The charitable organization’s bingo license;

(b)   The serial number of each deal of electronic instant bingo tickets being sold.

(7)   Permit any person the charitable organization knows, or should have known, to be under 18 years of age to play electronic instant bingo;

(8)   Sell or provide to any person an electronic instant bingo ticket for a price different from the price displayed on the game flare for that deal, except that the charitable organization may give a participant who wins an electronic instant bingo game an electronic instant bingo ticket as a prize in place of a cash prize;

(9)   Fail, once an electronic instant bingo deal is begun, to continue to sell tickets in that deal until all prizes have been awarded;

(10)  Permit any person whom the organization knows, or should have known, has been convicted of a felony or gambling offense in any jurisdiction to be a bingo game operator in the conduct of electronic instant bingo;

(11)  Permit a bingo game operator to play electronic instant bingo;

(12)  (a)   Except as otherwise provided in division (B)(12)(b) of this section, pay compensation to a bingo game operator for conducting electronic instant bingo.

(b)   Division (B)(12)(a) of this section does not prohibit an employee of a veteran’s organization or fraternal organization from redeeming electronic instant bingo tickets or vouchers for the organization’s members or invited guests, so long as no portion of the employee’s compensation is paid from any bingo receipts.

(13)  Pay consulting fees to any person in relation to electronic instant bingo.

(C)  No person shall sell, offer to sell, or otherwise provide or offer to provide an electronic instant bingo system to any person for use in this municipality unless the electronic instant bingo system has been approved under R.C. §2915.15.

(D)  Whoever knowingly violates division (A), (B), or (C) of this section or a rule adopted under R.C. §2915.14(D) is guilty of illegal electronic instant bingo conduct. Illegal electronic instant bingo conduct is a misdemeanor of the first degree, except that if the offender previously has been convicted of a violation of division (A) or (B) of this section, or any substantially equivalent municipal ordinance or state law, or of a rule adopted under R.C. §2915.14(D), illegal instant bingo conduct is a felony to be prosecuted under appropriate state law.

(R.C. §2915.14)

Section

135.01 Definitions
135.02 Assault; negligent assault
135.03 Injury to persons by hunters
135.04 Menacing; aggravated menacing; menacing by stalking
135.05 Unlawful restraint
135.06 Coercion
135.07 Contributing to unruliness or delinquency of a child
135.08 Telecommunications harassment
135.09 Adulteration of food
135.10 Hazing prohibited
135.11 Negligent homicide
135.12 Vehicular homicide; vehicular manslaughter; vehicular assault
135.13 Unlawful collection of bodily substances
135.14 Bigamy
135.15 Unlawful abortion; failure to perform viability testing
135.16 Abortion trafficking
135.17 Nonsupport of dependents
135.18 Endangering children
135.19 Interference with custody; interference with support orders
135.20 Domestic violence
135.21 Failure to provide for a person with a functional impairment
135.22 Patient abuse or neglect; patient endangerment; exceptions; false statements; retaliation
135.23 Interference with right of person to engage in housing transactions because of race, religion, or the like
135.24 Ethnic intimidation
135.25 Violating a protection order, consent agreement, anti-stalking protection order or order issued by a court of another state
135.26 Illegal distribution of cigarettes, other tobacco products, or alternative nicotine products; transaction scans
135.27 Nonsmoking areas in places of public assembly
135.28 Spreading contagion
135.29 Abuse of a corpse

Statutory reference:

Child care, misrepresentations by providers and failure to disclose death or serious injuries,

  misdemeanors, see R.C. §§ 2919.223 et seq.

Extortio