# CHAPTER 537 Offenses Against Persons Imported chapter material associated with 537. # CHAPTER 537 Offenses Against Persons — Chapter Overview # CHAPTER 537 Offenses Against Persons
Document typechapter
Identifier537
CitationChapter 537
Ordinances detectedS, 116-84, ER, NANCE, THAT, FOR, INANCE, SUBSTANTIALLY, PERTAINING
Dates detectedMarch 23, 2000
Original source[American Legal Publishing](https://codelibrary.amlegal.com/codes/sheffieldlake/latest/sheffieldlake_oh/0-0-0-11578)
Content hash`5fc15a8eeb21745812b20a72624107686d7a5a02269a36e5ca345b9d1c5031b9`
--- Skip to main content Search Sitemap Login Select Language Resources Skip to code content (skip section selection) 2025-04 (current) Sheffield Lake Overview Codified Ordinances of Sheffield Lake, OH CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO CERTIFICATION ROSTER OF OFFICIALS ADOPTING ORDINANCE NO. 116-84 COMPARATIVE SECTION TABLE TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE CHARTER PART ONE - ADMINISTRATIVE CODE PART THREE - TRAFFIC CODE PART FIVE - GENERAL OFFENSES CODE CHAPTER 501 General Provisions and Penalty CHAPTER 505 Animals and Fowl CHAPTER 509 Disorderly Conduct and Peace Disturbance CHAPTER 513 Drug Abuse Control CHAPTER 517 Gambling CHAPTER 521 Health, Safety and Sanitation CHAPTER 525 Law Enforcement and Public Office CHAPTER 529 Liquor Control CHAPTER 531 Noise Control CHAPTER 533 Obscenity and Sex Offenses CHAPTER 537 Offenses Against Persons 537.01 NEGLIGENT HOMICIDE. 537.02 VEHICULAR HOMICIDE AND MANSLAUGHTER. 537.021 VEHICULAR ASSAULT IN A CONSTRUCTION ZONE. 537.03 ASSAULT. 537.04 NEGLIGENT ASSAULT. 537.05 AGGRAVATED MENACING. 537.051 MENACING BY STALKING. 537.06 MENACING. 537.07 ENDANGERING CHILDREN. 537.08 UNLAWFUL RESTRAINT. 537.09 COERCION. 537.10 TELECOMMUNICATION HARASSMENT. 537.11 THREATENING OR HARASSING TELEPHONE CALLS. 537.12 MISUSE OF 9-1-1 SYSTEM. 537.13 ADULTERATING OF OR FURNISHING ADULTERATED FOOD OR CONFECTION. 537.14 DOMESTIC VIOLENCE. 537.15 ANNOYING BUILDING OCCUPANTS. 537.16 MOLESTING OR INSULTING PERSONS. 537.17 TEMPORARY PROTECTION ORDER. 537.18 ILLEGAL DISTRIBUTION OF CIGARETTES, OTHER TOBACCO PRODUCTS, OR ALTERNATE NICOTINE PRODUCTS; TRANSACTION SCANS. 537.19 RESERVED. 537.20 CONTRIBUTING TO UNRULINESS OR DELINQUENCY OF A CHILD. 537.21 HAZING PROHIBITED. 537.22 ILLEGAL USE OF A TRACKING DEVICE OR APPLICATION. 537.99 PENALTY. CHAPTER 541 Property Offenses CHAPTER 545 Theft and Fraud CHAPTER 549 Weapons and Explosives CHAPTER 553 Railroads CHAPTER 557 Watercraft CHAPTER 561 Weeds and Grass PART SEVEN - BUSINESS REGULATION CODE PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE PART ELEVEN - PLANNING AND ZONING CODE PART THIRTEEN - BUILDING CODE PART FIFTEEN - FIRE PREVENTION CODE OH Sheffield Lake Codified Ordinances of Sheffield Lake, OH CHAPTER 537 Offenses Against Persons CHAPTER 537 Offenses Against Persons CHAPTER 537 Offenses Against Persons 537.01 Negligent homicide. 537.02 Vehicular homicide and manslaughter. 537.021 Vehicular assault in a construction zone 537.03 Assault. 537.04 Negligent assault. 537.05 Aggravated menacing. 537.051 Menacing by stalking. 537.06 Menacing. 537.07 Endangering children. 537.08 Unlawful restraint. 537.09 Coercion. 537.10 Telecommunication harassment. 537.11 Threatening or harassing telephone calls. 537.12 Misuse of 9-1-1 system. 537.13 Adulterating of or furnishing adulterated food or confection. 537.14 Domestic violence. 537.15 Annoying building occupants. 537.16 Molesting or insulting persons. 537.17 Temporary protection order. 537.18 Illegal distribution of cigarettes, other tobacco products, or alternate nicotine products; transaction scans. 537.19 Reserved. 537.20 Contributing to unruliness or delinquency of a child. 537.21 Hazing prohibited. 537.22 Illegal use of a tracking device or application. 537.99 Penalty. CROSS REFERENCES See sectional histories for similar State law Physical harm to person defined - see GEN. OFF. 501.01(c), (e) Fighting; provoking violent response - see GEN. OFF. 509.03 537.01 NEGLIGENT HOMICIDE. (a) No person shall negligently cause the death of another or the unlawful termination of another’s pregnancy by means of a deadly weapon or dangerous ordnance as defined in Section 549.01. (b) Whoever violates this section is guilty of negligent homicide, a misdemeanor of the first degree. (ORC 2903.05) 537.02 VEHICULAR HOMICIDE AND MANSLAUGHTER. (a) No person, while operating or participating in the operation of a motor vehicle, motorcycle, utility vehicle, mini-truck, snowmobile, locomotive, watercraft, or aircraft, shall cause the death of another or the unlawful termination of another’s pregnancy in any of the following ways: (1) As the proximate result of committing an OVI offense. (2) In one of the following ways: A. Recklessly; B. As the proximate result of committing, while operating or participating in the operation of a motor vehicle, utility vehicle, mini-truck, or motorcycle in a construction zone, a reckless operation offense, provided that this division applies only if the person whose death is caused or whose pregnancy is unlawfully terminated is in the construction zone at the time of the offender’s commission of the reckless operation offense in the construction zone and does not apply as described in subsection (d) of this section. (3) In one of the following ways: A. Negligently; B. As the proximate result of committing, while operating or participating in the operation of a motor vehicle, utility vehicle, mini-truck, or motorcycle in a construction zone, a speeding offense, provided that this subsection applies only if the person whose death is caused or whose pregnancy is unlawfully terminated is in the construction zone at the time of the offender’s commission of the speeding offense in the construction zone and does not apply as described in subsection (d) of this section. (4) As the proximate result of committing a violation of any provision of any section contained in Title XLV of the Ohio Revised Code that is a minor misdemeanor or of a municipal ordinance that, regardless of the penalty set by ordinance for the violation, is substantially equivalent to any provision of any section contained in Title XLV of the Ohio Revised Code that is a minor misdemeanor. (b) (1) Whoever violates subsection (a)(3) of this section is guilty of vehicular homicide. Except as otherwise provided in this subsection, vehicular homicide is a misdemeanor of the first degree. Vehicular homicide is a felony and shall be prosecuted under appropriate State law if, at the time of the offense, the offender was driving under a suspension or cancellation imposed under Ohio R.C. Chapter 4510 or any other provision of the Ohio Revised Code or was operating a motor vehicle or motorcycle, did not have a valid driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege, and was not eligible for renewal of the offender’s driver’s license or commercial driver’s license without examination under Ohio R.C. 4507.10 or if the offender previously has been convicted of or pleaded guilty to a violation of this section or any traffic-related homicide, manslaughter or assault offense. (2) Whoever violates subsection (a)(4) of this section is guilty of vehicular manslaughter. Except as otherwise provided in this subsection, vehicular manslaughter is a misdemeanor of the second degree. Vehicular manslaughter is a misdemeanor of the first degree if, at the time of the offense, the offender was driving under a suspension or cancellation imposed under Ohio R.C. Chapter 4510 or any other provision of the Ohio Revised Code or was operating a motor vehicle or motorcycle, did not have a valid driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege, and was not eligible for renewal of the offender’s driver’s license or commercial driver’s license without examination under Ohio R.C. 4507.10 or if the offender previously has been convicted of or pleaded guilty to a violation of this section or any traffic-related homicide, manslaughter, or assault offense. (c) The court shall impose a mandatory jail term of at least fifteen days on an offender who is convicted of or pleads guilty to a violation of subsection (a)(3)B. of this section and may impose upon the offender a longer jail term as authorized pursuant to Section 501.99. (d) Subsection (a)(2)B. and (a)(3)B. do not apply in a particular construction zone unless signs of the type described in Ohio R.C. 2903.081 are erected in that construction zone in accordance with the guidelines and design specifications established by the Director of Transportation under Ohio R.C. 5501.27. The failure to erect signs of the type described in Ohio R.C. 2903.081 in a particular construction zone in accordance with those guidelines and design specifications does not limit or affect the application of subsections (a)(1), (a)(2)A., (a)(3)A., or (a)(4) of this section in that construction zone or the prosecution of any person who violates any of those subsections in that construction zone. (e) As used in this section: (1) “Construction zone” has the same meaning as in Ohio R.C. 5501.27. (2) “Mandatory prison term” and “mandatory jail term” have the same meanings as in Ohio R.C. 2929.01. (3) “Motor vehicle”, “mini-truck” and “utility vehicle” have the same meaning as in Ohio R.C. 4501.01. (4) “OVI offense” means a violation of Ohio R.C. 4511.19(A), a violation of Ohio R.C. 1547.11(A), a violation of Ohio R.C. 4561.15(A)(3), or a substantially equivalent municipal ordinance. (5) “Reckless operation offense” means a violation of Ohio R.C. 4511.20 or a municipal ordinance substantially equivalent to Ohio R.C. 4511.20. (6) “Speeding offense” means a violation of Ohio R.C. 4511.21 or a municipal ordinance pertaining to speed. (7) “Traffic-related homicide, manslaughter or assault offense” means a violation of Ohio R.C. 2903.04 in circumstances in which division (D) of that section applies, a violation of Ohio R.C. 2903.06 or 2903.08, or a violation of Ohio R.C. 2903.06, 2903.07 or 2903.08 as they existed prior to March 23, 2000. (f) For the purposes of this section, when a penalty or suspension is enhanced because of a prior or current violation of a specified law or a prior or current specified offense, the reference to the violation of the specified law or the specified offense includes any violation of any substantially equivalent municipal ordinance, former law of this State, or current or former law of another state or the United States. (ORC 2903.06) (g) The court imposing a sentence upon an offender for any violation of this section also shall impose a 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 division (B) of Ohio R.C. 4510.02 that is equivalent in length to the suspension required for a violation of Ohio R.C. 2903.06 or division (A) or (B) of Ohio R.C. 4511.19 under similar circumstances. (ORC 4510.07) Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588. Hosted by: American Legal Publishing Back to Code Library Previous Doc Next Doc 0 items available --- ## Detected legislative history - Ordinances of Sheffield Lake, OH - ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO - ORDINANCE NO. 116-84 - ORDINANCES OF SHEFFIELD LAKE - orderly Conduct and Peace Disturbance - ORDER - order - ordnance as defined in Section 549 - ordinance that, regardless of the penalty set by ordinance for the violation, is substantially equivalent to any provision of any section contained in Title XLV of the Ohio Revised Code that - ordance with the guidelines and design specifications established by the Director of Transportation under Ohio R - ordance with those guidelines and design specifications does not limit or affect the application of subsections (a)(1), (a)(2)A - ordinance. (5) “Reckless operation offense” means a violation of Ohio R - ordinance substantially equivalent to Ohio R - ordinance pertaining to speed - ordinance, former law of this State, or current or former law of another state or the United States - Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality - Ordinances should be consulted prior to any action being taken - Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588 --- *Imported automatically by MunicipalWiki. The original publisher remains the authoritative source pending legal normalization and verification.* # 537.10 TELECOMMUNICATION HARASSMENT. # 537.10 TELECOMMUNICATION HARASSMENT.
Document typesection
Identifier537.10
Citation§ 537.10
Ordinances detectedS, 116-84, ER, OR, 63-71
Dates detectedMarch 23, 2000, September 13, 2010
Original source[American Legal Publishing](https://codelibrary.amlegal.com/codes/sheffieldlake/latest/sheffieldlake_oh/0-0-0-11809)
Content hash`9b7021a5fc3fdd4c1992315ed803af07ae20704c35f176211afb7be9af99683c`
--- Skip to main content Search Sitemap Login Select Language Resources Skip to code content (skip section selection) 2025-04 (current) Sheffield Lake Overview Codified Ordinances of Sheffield Lake, OH CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO CERTIFICATION ROSTER OF OFFICIALS ADOPTING ORDINANCE NO. 116-84 COMPARATIVE SECTION TABLE TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE CHARTER PART ONE - ADMINISTRATIVE CODE PART THREE - TRAFFIC CODE PART FIVE - GENERAL OFFENSES CODE CHAPTER 501 General Provisions and Penalty CHAPTER 505 Animals and Fowl CHAPTER 509 Disorderly Conduct and Peace Disturbance CHAPTER 513 Drug Abuse Control CHAPTER 517 Gambling CHAPTER 521 Health, Safety and Sanitation CHAPTER 525 Law Enforcement and Public Office CHAPTER 529 Liquor Control CHAPTER 531 Noise Control CHAPTER 533 Obscenity and Sex Offenses CHAPTER 537 Offenses Against Persons 537.01 NEGLIGENT HOMICIDE. 537.02 VEHICULAR HOMICIDE AND MANSLAUGHTER. 537.021 VEHICULAR ASSAULT IN A CONSTRUCTION ZONE. 537.03 ASSAULT. 537.04 NEGLIGENT ASSAULT. 537.05 AGGRAVATED MENACING. 537.051 MENACING BY STALKING. 537.06 MENACING. 537.07 ENDANGERING CHILDREN. 537.08 UNLAWFUL RESTRAINT. 537.09 COERCION. 537.10 TELECOMMUNICATION HARASSMENT. 537.11 THREATENING OR HARASSING TELEPHONE CALLS. 537.12 MISUSE OF 9-1-1 SYSTEM. 537.13 ADULTERATING OF OR FURNISHING ADULTERATED FOOD OR CONFECTION. 537.14 DOMESTIC VIOLENCE. 537.15 ANNOYING BUILDING OCCUPANTS. 537.16 MOLESTING OR INSULTING PERSONS. 537.17 TEMPORARY PROTECTION ORDER. 537.18 ILLEGAL DISTRIBUTION OF CIGARETTES, OTHER TOBACCO PRODUCTS, OR ALTERNATE NICOTINE PRODUCTS; TRANSACTION SCANS. 537.19 RESERVED. 537.20 CONTRIBUTING TO UNRULINESS OR DELINQUENCY OF A CHILD. 537.21 HAZING PROHIBITED. 537.22 ILLEGAL USE OF A TRACKING DEVICE OR APPLICATION. 537.99 PENALTY. CHAPTER 541 Property Offenses CHAPTER 545 Theft and Fraud CHAPTER 549 Weapons and Explosives CHAPTER 553 Railroads CHAPTER 557 Watercraft CHAPTER 561 Weeds and Grass PART SEVEN - BUSINESS REGULATION CODE PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE PART ELEVEN - PLANNING AND ZONING CODE PART THIRTEEN - BUILDING CODE PART FIFTEEN - FIRE PREVENTION CODE OH Sheffield Lake Codified Ordinances of Sheffield Lake, OH 537.10 TELECOMMUNICATION HARASSMENT. CHAPTER 537 Offenses Against Persons 537.07 ENDANGERING CHILDREN. (a) No person, who is the parent, guardian, custodian, person having custody or control, or person in loco parentis of a child under eighteen years of age or a child with a mental or physical disability under twenty-one years of age, shall create a substantial risk to the health or safety of the child, by violating a duty of care, protection or support. It is not a violation of a duty of care, protection or support under this subsection when the parent, guardian, custodian or person having custody or control of a child treats the physical or mental illness or disability of the child by spiritual means through prayer alone, in accordance with the tenets of a recognized religious body. (b) No person shall abuse a child under eighteen years of age or a child with a mental or physical disability under twenty-one years of age. (c) (1) No person shall operate a vehicle in violation of Section 333.01(a) of the Traffic Code when one or more children under eighteen years of age are in the vehicle. Notwithstanding any other provision of law, a person may be convicted at the same trial or proceeding of a violation of subsection (c) hereof and a violation of Section 333.01(a) of the Traffic Code that constitutes the basis of the charge of the violation of subsection (c) hereof. For purposes of Ohio R.C. 4511.191 to 4511.197 and all related provisions of law, a person arrested for a violation of subsection (c) hereof shall be considered to be under arrest for operating a vehicle while under the influence of alcohol, a drug of abuse, or a combination of them or for operating a vehicle with a prohibited concentration of alcohol, a controlled substance, or a metabolite of a controlled substance in the whole blood, blood serum or plasma, breath, or urine. (2) As used in subsection (c) hereof: A. “Controlled substance” has the same meaning as in Ohio R.C. 3719.01. B. "Vehicle" has the same meaning as in Ohio R.C. 4511.01. (d) Whoever violates this section is guilty of endangering children. (1) Whoever violates subsection (a) or (b) hereof is guilty of a misdemeanor of the first degree. If the violation results in serious physical harm to the child involved, or if the offender previously has been convicted of an offense under this section, Ohio R.C. 2919.22 or of any offense involving neglect, abandonment, contributing to the delinquency of or physical abuse of a child, endangering children is a felony and shall be prosecuted under appropriate State law. (2) Whoever violates subsection (c) hereof is guilty of a misdemeanor of the first degree. Endangering children is a felony and shall be prosecuted under appropriate State law if either of the following applies: A. The violation results in serious physical harm to the child involved or the offender previously has been convicted of an offense under Ohio R.C. 2919.22 or any offense involving neglect, abandonment, contributing to the delinquency of, or physical abuse of a child. B. The violation results in serious physical harm to the child involved and the offender previously has been convicted of a violation of Ohio R.C. 2919.22(C) or subsection (c) hereof, Ohio R.C. 2903.06, or 2903.08, Section 2903.07 as it existed prior to March 23, 2000, or Ohio R.C. 2903.04 in a case in which the offender was subject to the sanctions described in division (D) of that section. (3) In addition to any term of imprisonment, fine, or other sentence, penalty, or sanction it imposes upon the offender pursuant to subsection (d)(2) hereof, or pursuant to any other provision of law, the court also may impose upon the offender any of the sanctions provided under Ohio R.C. 2919.22(E)(5)(d). (e) (1) If a person violates subsection (c) hereof and if, at the time of the violation, there were two or more children under eighteen years of age in the motor vehicle involved in the violation, the offender may be convicted of a violation of subsection (c) hereof for each of the children, but the court may sentence the offender for only one of the violations. (2) A. If a person is convicted of or pleads guilty to a violation of subsection (c) hereof but the person is not also convicted of and does not also plead guilty to a separate charge charging the violation of Section 333.01(a) of the Traffic Code that was the basis of the charge of the violation of subsection (c) hereof, both of the following apply: 1. For purposes of the provisions of the Traffic Code penalty that set forth the penalties and sanctions for a violation of Section 333.01(a) of the Traffic Code, the conviction of or plea of guilty to the violation of subsection (c) hereof shall not constitute a violation of Section 333.01(a) of the Traffic Code. 2. For purposes of any provision of law that refers to a conviction of or plea of guilty to a violation of Section 333.01(a) of the Traffic Code and that is not described in subsection (e)(2)A.1. hereof, the conviction of or plea of guilty to the violation of subsection (c) hereof shall constitute a conviction of or plea of guilty to a violation of Section 333.01(a) of the Traffic Code. B. If a person is convicted of or pleads guilty to a violation of subsection (c) hereof and the person also is convicted of or pleads guilty to a separate charge charging the violation of Section 333.01(a) of the Traffic Code that was the basis of the charge of the violation of subsection (c) hereof, the conviction of or plea of guilty to the violation of subsection (c) hereof shall not constitute, for purposes of any provision of law that refers to a conviction of or plea of guilty to a violation of Section 333.01(a) of the Traffic Code, a conviction of or plea of guilty to a violation of Section 333.01(a) of the Traffic Code. (ORC 2919.22) 537.08 UNLAWFUL RESTRAINT. (a) No person, without privilege to do so, shall knowingly restrain another of the other person’s liberty. (b) No person, without privilege to do so and with a sexual motivation, shall knowingly restrain another of the other person’s liberty. (c) Whoever violates this section is guilty of unlawful restraint, a misdemeanor of the third degree. (d) As used in this section, “sexual motivation” has the same meaning as in Ohio R.C. 2971.01. (ORC 2905.03) 537.09 COERCION. (a) No person, with purpose to coerce another into taking or refraining from action concerning which the other person has a legal freedom of choice, shall do any of the following: (1) Threaten to commit any offense; (2) Utter or threaten any calumny against any person; (3) Expose or threaten to expose any matter tending to subject any person to hatred, contempt or ridicule, to damage any person’s personal or business repute, or to impair any person’s credit; (4) Institute or threaten criminal proceedings against any person; (5) Take or withhold, or threaten to take or withhold official action, or cause or threaten to cause official action to be taken or withheld. (b) Subsections (a)(4) and (5) hereof shall not be construed to prohibit a prosecutor or court from doing any of the following in good faith and in the interest of justice: (1) Offering or agreeing to grant, or granting immunity from prosecution pursuant to Ohio R.C. 2945.44; (2) In return for a plea of guilty to one or more offenses charged or to one or more other or lesser offenses, or in return for the testimony of the accused in a case to which the accused is not a party, offering or agreeing to dismiss, or dismissing one or more charges pending against an accused, or offering or agreeing to impose, or imposing a certain sentence or modification of sentence; (3) Imposing community control sanction on certain conditions, including without limitation requiring the offender to make restitution or redress to the victim of the offense. (c) It is an affirmative defense to a charge under subsection (a)(3), (4) or (5) hereof that the actor's conduct was a reasonable response to the circumstances that occasioned it, and that the actor’s purpose was limited to any of the following: (1) Compelling another to refrain from misconduct or to desist from further misconduct; (2) Preventing or redressing a wrong or injustice; (3) Preventing another from taking action for which the actor reasonably believed the other person to be disqualified; (4) Compelling another to take action that the actor reasonably believed the other person to be under a duty to take. (d) Whoever violates this section is guilty of coercion, a misdemeanor of the second degree. (e) As used in this section: (1) "Threat" includes a direct threat and a threat by innuendo. (2) “Community control sanction” has the same meaning as in Ohio R.C. 2929.01. (ORC 2905.12) 537.10 TELECOMMUNICATION HARASSMENT. (a) No person shall knowingly make or cause to be made a telecommunication, or knowingly permit telecommunication to be made from a telecommunications device under the person’s control, to another, if the caller does any of the following: (1) Makes the telecommunication with purpose to harass, intimidate, or abuse, any person at the premises to which the telecommunication is made, whether or not actual communication takes place between the caller and a recipient; (2) Describes, suggests, requests, or proposes that the caller, the recipient of the telecommunication, or any other person engage in sexual activity, and the recipient or another person at the premises to which the telecommunication is made has requested, in a previous telecommunication or in the immediate telecommunication, that the caller not make a telecommunication to the recipient or to the premises to which the telecommunication is made; (3) During the telecommunication, violates Ohio R.C. 2903.21; (4) Knowingly states to the recipient of the telecommunication that the caller intends to cause damage to or destroy public or private property, and the recipient, any member of the recipient’s family, or any other person who resides at the premises to which the telecommunication is made owns, leases, resides, or works in, will at the time of the destruction or damaging be near or in, has the responsibility of protecting, or insures the property that will be destroyed or damaged; (5) Knowingly makes the telecommunication to the recipient of the telecommunication, to another person at the premises to which the telecommunication is made, or to those premises, and the recipient or another person at those premises previously has told the caller not to make a telecommunication to those premises or to any person at those premises. (6) Knowingly makes any comment, request, suggestion, or proposal to the recipient of the telecommunication that is threatening, intimidating, menacing, coercive, or obscene with the intent to abuse, threaten or harass the recipient; (7) Without a lawful business purpose, knowingly interrupts the telecommunication service of any person; (8) Without a lawful business purpose, knowingly transmits to any person, regardless of whether the telecommunication is heard in its entirety, any file, document or other communication that prevents that person from using the person’s telephone service or electronic communication device; (9) Knowingly makes any false statement concerning the death, injury, illness, disfigurement, reputation, indecent conduct, or criminal conduct of the recipient of the telecommunication or family or household member of the recipient with purpose to abuse, threaten, intimidate, or harass the recipient; (10) Knowingly incites another person through a telecommunication or other means to harass or participate in the harassment of a person; (11) Knowingly alarms the recipient by making a telecommunication without a lawful purpose at an hour or hours known to be inconvenient to the recipient and in an offensive or repetitive manner. (b) (1) No person shall make or cause to be made a telecommunication, or permit a telecommunication to be made from a telecommunications device under the person’s control, with purpose to abuse, threaten, or harass another person. (2) No person shall knowingly post a text or audio statement or an image on an internet web site or web page for the purpose of abusing, threatening, or harassing another person. (c) (1) Whoever violates this section is guilty of telecommunication harassment. (2) A violation of subsections (a)(1), (2), (3), (5), (6), (7), (8), (9), (10), or (11) or (b) hereof is a misdemeanor of the first degree on a first offense. Each subsequent offense is a felony and shall be prosecuted under appropriate State law. (3) Whoever violates subsection (a)(4) hereof is guilty of a misdemeanor of the first degree for a first offense. For each subsequent offense or if a violation of subsection (a)(4) hereof results in economic harm of one thousand dollars ($1,000) or more, a violation of subsection (a)(4) hereof is a felony and shall be prosecuted under appropriate State law. (d) No cause of action may be asserted in any court of this State against any provider of a telecommunications service, interactive computer service as defined in Section 230 of Title 47 of the United States Code, or information service, or against any officer, employee, or agent of a telecommunication service, interactive computer service as defined in Section 230 of Title 47 of the United States Code, or information service, for any injury, death, or loss to person or property that allegedly arises out of the provider’s, officer’s, employee’s, or agent’s provision of information, facilities, or assistance in accordance with the terms of a court order that is issued in relation to the investigation or prosecution of an alleged violation of this section. A provider of a telecommunications service, interactive computer service as defined in Section 230 of Title 47 of the United States Code, or information service, or an officer, employee, or agent of a telecommunications service, interactive computer service as defined in Section 230 of Title 47 of the United States Code, of information service, is immune from any civil or criminal liability for injury, death, or loss to person or property that allegedly arises out of the provider’s, officer’s, employee’s, or agent’s provision of information, facilities, or assistance in accordance with the terms of a court order that is issued in relation to the investigation or prosecution of an alleged violation of this section. (e) (1) This section does not apply to a person solely because the person provided access or connection to or from an electronic method of remotely transferring information not under that person’s control, including having provided capabilities that are incidental to providing access or connection to or from the electronic method of remotely transferring the information, and that do not include the creation of the content of the material that is the subject of the access or connection. In addition, any person providing access or connection to or from an electric method of remotely transferring information not under that person’s control shall not be liable for any action voluntarily taken in good faith to block the receipt or transmission through its service of any information that the person believes is, or will be sent, in violation of this section. (2) Subsection (e)(1) of this section does not create an affirmative duty for any person providing access or connection to or from an electronic method of remotely transferring information not under that person’s control to block the receipt or transmission through its service of any information that it believes is, or will be sent, in violation of this section except as otherwise provided by law. (3) Subsection (e)(1) of this section does not apply to a person who conspires with a person actively involved in the creation or knowing distribution of material in violation of this section or who knowingly advertises the availability of material of that nature. (4) A provider or user of an interactive computer service, as defined in Section 230 of Title 47 of the United States Code, shall neither be treated as the publisher or speaker of any information provided by another information content provider, as defined in Section 230 of Title 47 of the United States Code, nor held civilly or criminally liable for the creation or development of information provided by another information content provider, as defined in Section 230 of Title 47 of the United States Code. Nothing in this subsection shall be construed to protect a person from liability to the extent that the person developed or created any content in violation of this section. (f) Subsections (a)(5) to (11) and (b)(2) of this section do not apply to a person who, while employed or contracted by a newspaper, magazine, press association, news agency, news wire service, cable channel or cable operator, or radio or television station, is gathering, processing, transmitting, compiling, editing or disseminating information for the general public, within the scope of the person’s employment in that capacity or the person’s contractual authority in that capacity. (g) As used in this section: (1) “Economic harm” means all direct, incidental, and consequential pecuniary harm suffered by a victim as a result of criminal conduct. “Economic harm” includes, but is not limited to, all of the following: A. All wages, salaries, or other compensation lost as a result of the criminal conduct; B. The cost of all wages, salaries or other compensation paid to employees for time those employees are prevented from working as a result of the criminal conduct; C. The overhead costs incurred for the time that a business is shut down as a result of the criminal conduct; D. The loss of value to tangible or intangible property that was damaged as a result of the criminal conduct. (2) “Caller” means the person described in subsection (a) hereof who makes or causes to be made a telecommunication or who permits a telecommunication to be made from a telecommunications device under that person’s control. (3) “Telecommunication” and “telecommunications device” have the same meanings as in Ohio R.C. 2913.01. (4) “Sexual activity” has the same meaning as in Ohio R.C. 2907.01. (5) “Family or household member” means any of the following: A. Any of the following who is residing or has resided with the recipient of the telecommunication against whom the act prohibited in subsection (a)(9) of this section is committed: 1. A spouse, a person living as a spouse, or a former spouse of the recipient; 2. A parent, a foster parent, or a child of the recipient, or another person related by consanguinity or affinity to the recipient; 3.. A parent or a child of a spouse, person living as a spouse, or former spouse of the recipient, or anther person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of the recipient. B. The natural parent of any child of whom the recipient of the telecommunication against whom the act prohibited in subsection (a)(9) of this section is committed is the other natural parent or is the putative other natural parent. (6) “Person living as a spouse” means a person who is living or has lived with the recipient of the telecommunication against whom the act prohibited in subsection (a)(9) of this section is committed in a common law marital relationship, who otherwise is cohabiting with the recipient, or who otherwise has cohabited with the recipient within five years prior to the date of the alleged commission of the act in question. (7) “Cable operator” has the same meaning as in Ohio R.C. 1332.21. (h) Nothing in this section prohibits a person from making a telecommunication call to a debtor that is in compliance with the “Fair Debt Collection Practices Act”, 91 Stat. 874 (1977), 15 U.S.C. 1692, as amended, or the “Telephone Consumer Protection Act”, 105 Stat. 2395 (1991), 47 U.S.C. 227, as amended. (ORC 2917.21) 537.11 THREATENING OR HARASSING TELEPHONE CALLS. (EDITOR’S NOTE: Former Ohio R.C. 4931.31 from which Section 537.11 was derived was repealed by Senate Bill 162, effective September 13, 2010. See now Section 537.10 “Telecommunication Harassment”.) 537.12 MISUSE OF 9-1-1 SYSTEM. (a) “9-1-1 system” means a system through which individuals can request emergency service using the access number 9-1-1. (ORC 128.01(A)) (b) No person shall knowingly use the telephone number of the 9-1-1 system established under Ohio R.C. Chapter 128 to report an emergency if he knows that no emergency exists. (c) No person shall knowingly use a 9-1-1 system for a purpose other than obtaining emergency service. (d) No person shall disclose or use any information concerning telephone numbers, addresses, or names obtained from the data base that serves the public safety answering point of a 9-1-1 system established under Ohio R.C. Chapter 128, except for any of the following purposes or under any of the following circumstances: (1) For the purpose of the 9-1-1 system; (2) For the purpose of responding to an emergency call to an emergency service provider; (3) In the circumstance of the inadvertent disclosure of such information due solely to technology of the wireline telephone network portion of the 9-1-1 system not allowing access to the data base to be restricted to 9-1-1 specific answering lines at a public safety answering point; (4) In the circumstance of access to a data base being given by a telephone company that is a wireline service provider to a public utility or municipal utility in handling customer calls in times of public emergency or service outages. The charge, terms, and conditions for the disclosure or use of such information for the purpose of such access to a data base shall be subject to the jurisdiction of the steering committee. (5) In the circumstance of access to a data base given by a telephone company that is a wireline service provider to a state and local government in warning of a public emergency, as determined by the steering committee. The charge, terms, and conditions for the disclosure or use of that information for the purpose of access to a data base is subject to the jurisdiction of the steering committee. (ORC 128.32) (e) (1) Whoever violates subsection (b) hereof is guilty of a misdemeanor of the fourth degree. (2) Whoever violates subsection (c) or (d) hereof is guilty of a misdemeanor of the fourth degree on a first offense. For each subsequent offense such person is guilty of a felony and shall be prosecuted under appropriate State law. (ORC 128.99) 537.13 ADULTERATING OF OR FURNISHING ADULTERATED FOOD OR CONFECTION. (a) No person shall do either of the following, knowingly or having reasonable cause to believe that any person may suffer physical harm or be seriously inconvenienced or annoyed thereby: (1) Place a pin, needle, razor blade, glass, laxative, drug of abuse, or other harmful or hazardous object or substance in any food or confection; (2) Furnish to any person any food or confection which has been adulterated in violation of subsection (a)(1) hereof. (ORC 3716.11) (b) Whoever violates this section is guilty of a misdemeanor of the first degree. (ORC 3716.99(C)) 537.14 DOMESTIC VIOLENCE. (a) No person shall knowingly cause or attempt to cause physical harm to a family or household member. (b) No person shall recklessly cause serious physical harm to a family or household member. (c) No person, by threat of force, shall knowingly cause a family or household member to believe that the offender will cause imminent physical harm to the family or household member. (d) (1) Whoever violates this section is guilty of domestic violence. (2) Except as otherwise provided in subsection (d)(3) to (5) of this section, a violation of subsection (c) of this section is a misdemeanor of the fourth degree, and a violation of subsection (a) or (b) of this section is a misdemeanor of the first degree. (3) Except as otherwise provided in subsection (d)(4) of this section, if the offender previously has pleaded guilty to or been convicted of domestic violence, a violation of an existing or former municipal ordinance or law of this or any other state or the United States that is substantially similar to domestic violence, a violation of Ohio R.C. 2903.14, 2909.06, 2909.07, 2911.12, 2911.211, or 2919.22 if the victim of the violation was a family or household member at the time of the violation, a violation of an existing or former municipal ordinance or law of this or any other state or the United States that is substantially similar to any of those sections if the victim of the violation was a family or household member at the time of the commission of the violation, or any offense of violence if the victim of the offense was a family or household member at the time of the commission of the offense, a violation of subsection (a) or (b) of this section is a felony and shall be prosecuted under appropriate state law, and a violation of subsection (c) of this section is a misdemeanor of the second degree. (4) If the offender previously has pleaded guilty to or been convicted of two or more offenses of domestic violence or two or more violations or offenses of the type described in subsection (d)(3) of this section involving a person who was a family or household member at the time of the violations or offenses, a violation of subsection (a) or (b) of this section is a felony to be prosecuted under appropriate state law. A violation of subsection (c) of this section is a misdemeanor of the first degree. If the offender previously has pleaded guilty to or been convicted of two or more offenses of domestic violence or two or more violations or offenses of the type described in subsection (d)(3) of this section involving a person who was a family or household member at the time of the violations or offenses, and the offender knew that the victim of the violation was pregnant at the time of the violation, a violation of subsection (a) or (b) of this section is a felony to be prosecuted under appropriate state law. (5) Except as otherwise provided in subsection (d)(3) or (4) of this section, if the offender knew that the victim of the violation was pregnant at the time of the violation, a violation of subsection (a) or (b) of this section is a felony and shall be prosecuted under appropriate State law, and a violation of subsection (c) of this section is a misdemeanor of the third degree. (e) Notwithstanding any provision of law to the contrary, no court or unit of local government shall charge any fee, cost, deposit, or money in connection with the filing of charges against a person alleging that the person violated this section or in connection with the prosecution of any charges so filed. (f) As used in this section: (1) "Family or household member" means any of the following: A. Any of the following who is residing or has resided with the offender: 1. A spouse, a person living as a spouse or a former spouse of the offender; 2. A parent, a foster parent or a child of the offender, or another person related by consanguinity or affinity to the offender; 3. A parent, or a child of a spouse, person living as a spouse, or former spouse of the offender; or another person related by consanguinity or affinity to a spouse, person living as a spouse or former spouse of the offender. B. The natural parent of any child of whom the offender is the other natural parent or is the putative other natural parent. (2) "Person living as a spouse" means a person who is living or has lived with the offender in a common law marital relationship, who otherwise is cohabiting with the offender, or who otherwise has cohabited with the offender within five years prior to the date of the alleged commission of the act in question. (ORC 2919.25) (g) The same relief available under the Ohio Revised Code for filing a complaint for violation of Ohio R.C. 2919.25 shall be available for filing a complaint for violation of this section. 537.15 ANNOYING BUILDING OCCUPANTS. (a) No person, without proper occasion, shall disturb or annoy the occupants of any dwelling, building, store or other place by knocking on the door, gate or window of such structure, or by ringing the doorbell attached thereto. (Ord. 63-71. Passed 9-14-71.) (b) Whoever violates this section is guilty of a misdemeanor of the fourth degree. 537.16 MOLESTING OR INSULTING PERSONS. (a) No person shall, unreasonably and without lawful purpose, follow, pursue, lay hands on or otherwise molest or insult any other person. (b) Whoever violates this section is guilty of a misdemeanor of the fourth degree. 537.17 TEMPORARY PROTECTION ORDER. (a) No person shall recklessly violate the terms of any of the following: (1) A protection order issued or consent agreement approved pursuant to Ohio R.C. 2919.26 or 3113.31; (2) A protection order issued pursuant to Ohio R.C. 2151.34, 2903.213 or 2903.214; (3) A protection order issued by a court of another state. (b) (1) Whoever violates this section is guilty of violating a protection order. (2) Except as otherwise provided in subsection (b)(3) of this section, violating a protection order is a misdemeanor of the first degree. (3) Violating a protection order is a felony and shall be prosecuted under State law if the offender previously has been convicted of, pleaded guilty to, or been adjudicated a delinquent child for any of the following: A. A violation of a protection order issued or consent agreement approved pursuant to Ohio R.C. 2151.34, 2903.213, 2903.214, 2919.26, or 3113.31; B. Two or more violations of Ohio R.C. 2903.21, 2903.211, 2903.22, or 2911.211 or any combination of those offenses that involved the same person who is the subject of the protection order or consent agreement; C. One or more violations of this section. (4) If the offender violates a protection order or consent agreement while committing a felony offense, violating a protection order is a felony and shall be prosecuted under appropriate state law. (5) If the protection order violated by the offender was an order issued pursuant to Ohio R.C. 2151.34 or 2903.214 that required electronic monitoring of the offender pursuant to that section, the court may require in addition to any other sentence imposed upon the offender that the offender be electronically monitored for a period not exceeding five years by a law enforcement agency designated by the court. If the court requires under this subsection that the offender be electronically monitored, unless the court determines that the offender is indigent, the court shall order that the offender pay the costs of the installation of the electronic monitoring device and the cost of monitoring the electronic monitoring device. (c) It is an affirmative defense to a charge under subsection (a)(3) of this section that the protection order issued by a court of another state does not comply with the requirements specified in 18 U.S.C. 2265(b) for a protection order that must be accorded full faith and credit by a court of this State or that it is not entitled to full faith and credit under 18 U.S.C. 2265(c). (d) In a prosecution for a violation of this section, it is not necessary for the prosecution to prove that the protection order or consent agreement was served on the defendant if the prosecution proves that the defendant was shown the protection order or consent agreement or a copy of either or a judge, magistrate, or law enforcement officer informed the defendant that a protection order or consent agreement had been issued, and proves that the defendant recklessly violated the terms of the order or agreement. (e) As used in this section, “protection order issued by a court of another state” means an injunction or another order issued by a criminal court of another state for the purpose of preventing violent or threatening acts or harassment against, contact or communication with, or physical proximity to another person, including a temporary order, and means an injunction or order of that nature issued by a civil court of another state, including a temporary order and a final order issued in an independent action or as a pendente lite order in a proceeding for other relief, if the court issued it in response to a complaint, petition or motion filed by or on behalf of a person seeking protection. “Protection order issued by a court of another state” does not include an order for support or for custody of a child. (ORC 2919.27) Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588. Hosted by: American Legal Publishing Back to Code Library Previous Doc Next Doc 0 items available --- ## Detected legislative history - Ordinances of Sheffield Lake, OH - ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO - ORDINANCE NO. 116-84 - ORDINANCES OF SHEFFIELD LAKE - orderly Conduct and Peace Disturbance - ORDER - ordance with the tenets of a recognized religious body - ordance with the terms of a court order that is issued in relation to the investigation or prosecution of an alleged violation of this section - amended, or the “Telephone Consumer Protection Act”, 105 Stat - amended - repealed by Senate Bill 162, effective September 13, 2010 - ordinance or law of this or any other state or the United States that is substantially similar to domestic violence, a violation of Ohio R - ordinance or law of this or any other state or the United States that is substantially similar to any of those sections if the victim of the violation was a family or household member at the - Ord. 63-71 - order issued or consent agreement approved pursuant to Ohio R - order issued pursuant to Ohio R - order issued by a court of another state - order - order is a misdemeanor of the first degree - order is a felony and shall be prosecuted under State law if the offender previously has been convicted of, pleaded guilty to, or been adjudicated a delinquent child for any of the fo - order or consent agreement; - order or consent agreement while committing a felony offense, violating a protection order is a felony and shall be prosecuted under appropriate state law - order violated by the offender was an order issued pursuant to Ohio R - order that the offender pay the costs of the installation of the electronic monitoring device and the cost of monitoring the electronic monitoring device - order issued by a court of another state does not comply with the requirements specified in 18 U - order that must be accorded full faith and credit by a court of this State or that it is not entitled to full faith and credit under 18 U - order or consent agreement was served on the defendant if the prosecution proves that the defendant was shown the protection order or consent agreement or a copy of either or a judge, - order or consent agreement had been issued, and proves that the defendant recklessly violated the terms of the order or agreement - order issued by a court of another state” means an injunction or another order issued by a criminal court of another state for the purpose of preventing violent or threatening acts or - order, and means an injunction or order of that nature issued by a civil court of another state, including a temporary order and a final order issued in an independent action or as a - order in a proceeding for other relief, if the court issued it in response to a complaint, petition or motion filed by or on behalf of a person seeking protection - order issued by a court of another state” does not include an order for support or for custody of a child - Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality - Ordinances should be consulted prior to any action being taken - Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588 --- *Imported automatically by MunicipalWiki. The original publisher remains the authoritative source pending legal normalization and verification.* # 537.01 NEGLIGENT HOMICIDE. # 537.01 NEGLIGENT HOMICIDE.
Document typesection
Identifier537.01
Citation§ 537.01
Ordinances detectedS, 116-84, ER, NANCE, THAT, FOR, INANCE, SUBSTANTIALLY, PERTAINING
Dates detectedMarch 23, 2000
Original source[American Legal Publishing](https://codelibrary.amlegal.com/codes/sheffieldlake/latest/sheffieldlake_oh/0-0-0-11613)
Content hash`d0c62dd37be41ca77532de93ac429f046c64daaf4df393520c78952d7f77d0dc`
--- Skip to main content Search Sitemap Login Select Language Resources Skip to code content (skip section selection) 2025-04 (current) Sheffield Lake Overview Codified Ordinances of Sheffield Lake, OH CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO CERTIFICATION ROSTER OF OFFICIALS ADOPTING ORDINANCE NO. 116-84 COMPARATIVE SECTION TABLE TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE CHARTER PART ONE - ADMINISTRATIVE CODE PART THREE - TRAFFIC CODE PART FIVE - GENERAL OFFENSES CODE CHAPTER 501 General Provisions and Penalty CHAPTER 505 Animals and Fowl CHAPTER 509 Disorderly Conduct and Peace Disturbance CHAPTER 513 Drug Abuse Control CHAPTER 517 Gambling CHAPTER 521 Health, Safety and Sanitation CHAPTER 525 Law Enforcement and Public Office CHAPTER 529 Liquor Control CHAPTER 531 Noise Control CHAPTER 533 Obscenity and Sex Offenses CHAPTER 537 Offenses Against Persons 537.01 NEGLIGENT HOMICIDE. 537.02 VEHICULAR HOMICIDE AND MANSLAUGHTER. 537.021 VEHICULAR ASSAULT IN A CONSTRUCTION ZONE. 537.03 ASSAULT. 537.04 NEGLIGENT ASSAULT. 537.05 AGGRAVATED MENACING. 537.051 MENACING BY STALKING. 537.06 MENACING. 537.07 ENDANGERING CHILDREN. 537.08 UNLAWFUL RESTRAINT. 537.09 COERCION. 537.10 TELECOMMUNICATION HARASSMENT. 537.11 THREATENING OR HARASSING TELEPHONE CALLS. 537.12 MISUSE OF 9-1-1 SYSTEM. 537.13 ADULTERATING OF OR FURNISHING ADULTERATED FOOD OR CONFECTION. 537.14 DOMESTIC VIOLENCE. 537.15 ANNOYING BUILDING OCCUPANTS. 537.16 MOLESTING OR INSULTING PERSONS. 537.17 TEMPORARY PROTECTION ORDER. 537.18 ILLEGAL DISTRIBUTION OF CIGARETTES, OTHER TOBACCO PRODUCTS, OR ALTERNATE NICOTINE PRODUCTS; TRANSACTION SCANS. 537.19 RESERVED. 537.20 CONTRIBUTING TO UNRULINESS OR DELINQUENCY OF A CHILD. 537.21 HAZING PROHIBITED. 537.22 ILLEGAL USE OF A TRACKING DEVICE OR APPLICATION. 537.99 PENALTY. CHAPTER 541 Property Offenses CHAPTER 545 Theft and Fraud CHAPTER 549 Weapons and Explosives CHAPTER 553 Railroads CHAPTER 557 Watercraft CHAPTER 561 Weeds and Grass PART SEVEN - BUSINESS REGULATION CODE PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE PART ELEVEN - PLANNING AND ZONING CODE PART THIRTEEN - BUILDING CODE PART FIFTEEN - FIRE PREVENTION CODE OH Sheffield Lake Codified Ordinances of Sheffield Lake, OH 537.01 NEGLIGENT HOMICIDE. CHAPTER 537 Offenses Against Persons CHAPTER 537 Offenses Against Persons 537.01 Negligent homicide. 537.02 Vehicular homicide and manslaughter. 537.021 Vehicular assault in a construction zone 537.03 Assault. 537.04 Negligent assault. 537.05 Aggravated menacing. 537.051 Menacing by stalking. 537.06 Menacing. 537.07 Endangering children. 537.08 Unlawful restraint. 537.09 Coercion. 537.10 Telecommunication harassment. 537.11 Threatening or harassing telephone calls. 537.12 Misuse of 9-1-1 system. 537.13 Adulterating of or furnishing adulterated food or confection. 537.14 Domestic violence. 537.15 Annoying building occupants. 537.16 Molesting or insulting persons. 537.17 Temporary protection order. 537.18 Illegal distribution of cigarettes, other tobacco products, or alternate nicotine products; transaction scans. 537.19 Reserved. 537.20 Contributing to unruliness or delinquency of a child. 537.21 Hazing prohibited. 537.22 Illegal use of a tracking device or application. 537.99 Penalty. CROSS REFERENCES See sectional histories for similar State law Physical harm to person defined - see GEN. OFF. 501.01(c), (e) Fighting; provoking violent response - see GEN. OFF. 509.03 537.01 NEGLIGENT HOMICIDE. (a) No person shall negligently cause the death of another or the unlawful termination of another’s pregnancy by means of a deadly weapon or dangerous ordnance as defined in Section 549.01. (b) Whoever violates this section is guilty of negligent homicide, a misdemeanor of the first degree. (ORC 2903.05) 537.02 VEHICULAR HOMICIDE AND MANSLAUGHTER. (a) No person, while operating or participating in the operation of a motor vehicle, motorcycle, utility vehicle, mini-truck, snowmobile, locomotive, watercraft, or aircraft, shall cause the death of another or the unlawful termination of another’s pregnancy in any of the following ways: (1) As the proximate result of committing an OVI offense. (2) In one of the following ways: A. Recklessly; B. As the proximate result of committing, while operating or participating in the operation of a motor vehicle, utility vehicle, mini-truck, or motorcycle in a construction zone, a reckless operation offense, provided that this division applies only if the person whose death is caused or whose pregnancy is unlawfully terminated is in the construction zone at the time of the offender’s commission of the reckless operation offense in the construction zone and does not apply as described in subsection (d) of this section. (3) In one of the following ways: A. Negligently; B. As the proximate result of committing, while operating or participating in the operation of a motor vehicle, utility vehicle, mini-truck, or motorcycle in a construction zone, a speeding offense, provided that this subsection applies only if the person whose death is caused or whose pregnancy is unlawfully terminated is in the construction zone at the time of the offender’s commission of the speeding offense in the construction zone and does not apply as described in subsection (d) of this section. (4) As the proximate result of committing a violation of any provision of any section contained in Title XLV of the Ohio Revised Code that is a minor misdemeanor or of a municipal ordinance that, regardless of the penalty set by ordinance for the violation, is substantially equivalent to any provision of any section contained in Title XLV of the Ohio Revised Code that is a minor misdemeanor. (b) (1) Whoever violates subsection (a)(3) of this section is guilty of vehicular homicide. Except as otherwise provided in this subsection, vehicular homicide is a misdemeanor of the first degree. Vehicular homicide is a felony and shall be prosecuted under appropriate State law if, at the time of the offense, the offender was driving under a suspension or cancellation imposed under Ohio R.C. Chapter 4510 or any other provision of the Ohio Revised Code or was operating a motor vehicle or motorcycle, did not have a valid driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege, and was not eligible for renewal of the offender’s driver’s license or commercial driver’s license without examination under Ohio R.C. 4507.10 or if the offender previously has been convicted of or pleaded guilty to a violation of this section or any traffic-related homicide, manslaughter or assault offense. (2) Whoever violates subsection (a)(4) of this section is guilty of vehicular manslaughter. Except as otherwise provided in this subsection, vehicular manslaughter is a misdemeanor of the second degree. Vehicular manslaughter is a misdemeanor of the first degree if, at the time of the offense, the offender was driving under a suspension or cancellation imposed under Ohio R.C. Chapter 4510 or any other provision of the Ohio Revised Code or was operating a motor vehicle or motorcycle, did not have a valid driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege, and was not eligible for renewal of the offender’s driver’s license or commercial driver’s license without examination under Ohio R.C. 4507.10 or if the offender previously has been convicted of or pleaded guilty to a violation of this section or any traffic-related homicide, manslaughter, or assault offense. (c) The court shall impose a mandatory jail term of at least fifteen days on an offender who is convicted of or pleads guilty to a violation of subsection (a)(3)B. of this section and may impose upon the offender a longer jail term as authorized pursuant to Section 501.99. (d) Subsection (a)(2)B. and (a)(3)B. do not apply in a particular construction zone unless signs of the type described in Ohio R.C. 2903.081 are erected in that construction zone in accordance with the guidelines and design specifications established by the Director of Transportation under Ohio R.C. 5501.27. The failure to erect signs of the type described in Ohio R.C. 2903.081 in a particular construction zone in accordance with those guidelines and design specifications does not limit or affect the application of subsections (a)(1), (a)(2)A., (a)(3)A., or (a)(4) of this section in that construction zone or the prosecution of any person who violates any of those subsections in that construction zone. (e) As used in this section: (1) “Construction zone” has the same meaning as in Ohio R.C. 5501.27. (2) “Mandatory prison term” and “mandatory jail term” have the same meanings as in Ohio R.C. 2929.01. (3) “Motor vehicle”, “mini-truck” and “utility vehicle” have the same meaning as in Ohio R.C. 4501.01. (4) “OVI offense” means a violation of Ohio R.C. 4511.19(A), a violation of Ohio R.C. 1547.11(A), a violation of Ohio R.C. 4561.15(A)(3), or a substantially equivalent municipal ordinance. (5) “Reckless operation offense” means a violation of Ohio R.C. 4511.20 or a municipal ordinance substantially equivalent to Ohio R.C. 4511.20. (6) “Speeding offense” means a violation of Ohio R.C. 4511.21 or a municipal ordinance pertaining to speed. (7) “Traffic-related homicide, manslaughter or assault offense” means a violation of Ohio R.C. 2903.04 in circumstances in which division (D) of that section applies, a violation of Ohio R.C. 2903.06 or 2903.08, or a violation of Ohio R.C. 2903.06, 2903.07 or 2903.08 as they existed prior to March 23, 2000. (f) For the purposes of this section, when a penalty or suspension is enhanced because of a prior or current violation of a specified law or a prior or current specified offense, the reference to the violation of the specified law or the specified offense includes any violation of any substantially equivalent municipal ordinance, former law of this State, or current or former law of another state or the United States. (ORC 2903.06) (g) The court imposing a sentence upon an offender for any violation of this section also shall impose a 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 division (B) of Ohio R.C. 4510.02 that is equivalent in length to the suspension required for a violation of Ohio R.C. 2903.06 or division (A) or (B) of Ohio R.C. 4511.19 under similar circumstances. (ORC 4510.07) 537.021 VEHICULAR ASSAULT IN A CONSTRUCTION ZONE. (a) No person, while operating or participating in the operation of a motor vehicle, motorcycle, utility vehicle, mini-truck, snowmobile, locomotive, watercraft, or aircraft, shall cause serious physical harm to another person or another’s unborn as the proximate result of committing, while operating or participating in the operation of a motor vehicle, utility vehicle, mini-truck, or motorcycle in a construction zone, a speeding offense. This subsection applies only if the person to whom the serious physical harm is caused or to whose unborn the serious physical harm is caused is in the construction zone at the time of the offender’s commission of the speeding offense in the construction zone and does not apply as described in subsection (d) hereof. (b) Whoever violates this section is guilty of vehicular assault. Except as provided in this subsection, vehicular assault is a misdemeanor of the first degree. Vehicular assault is a felony if, at the time of the offense, the offender was driving under a suspension imposed under Ohio R.C. Chapter 4510, or any other provision of the Ohio Revised Code or if the offender previously has been convicted of or pleaded guilty to a violation of this section or any traffic- related homicide, manslaughter, or assault offense, and shall be prosecuted under appropriate state law. In addition to any other sanctions imposed, the court shall impose upon the offender a class four 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 division (A)(4) of Ohio R.C. 4510.02. (c) The court shall impose a mandatory jail term of at least seven days on an offender who is convicted of or pleads guilty to a violation of this section and may impose upon the offender a longer jail term as authorized pursuant to Section 501.99. (d) This section does not apply in a particular construction zone unless signs of the type described in Ohio R.C. 2903.081 are erected in that construction zone in accordance with the guidelines and design specifications established by the Director of Transportation under Ohio R.C. 5501.27. (e) As used in this section: (1) “Mandatory jail term” has the same meaning as in Ohio R.C. 2929.01. (2) “Traffic-related homicide, manslaughter or assault offense” has the same meaning as in Ohio R.C. 2903.06. (3) “Construction zone” has the same meaning as in Ohio R.C. 5501.27. (4) “Speeding offense” has the same meaning as in Ohio R.C. 2903.06. (f) For the purposes of this section, when a penalty or suspension is enhanced because of a prior or current violation of a specified law or a prior or current specified offense, the reference to the violation of the specified law or the specified offense includes any violation of any substantially equivalent municipal ordinance, former law of this State, or current or former law of another state or the United States. (ORC 2903.08) Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588. Hosted by: American Legal Publishing Back to Code Library Previous Doc Next Doc 0 items available --- ## Detected legislative history - Ordinances of Sheffield Lake, OH - ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO - ORDINANCE NO. 116-84 - ORDINANCES OF SHEFFIELD LAKE - orderly Conduct and Peace Disturbance - ORDER - order - ordnance as defined in Section 549 - ordinance that, regardless of the penalty set by ordinance for the violation, is substantially equivalent to any provision of any section contained in Title XLV of the Ohio Revised Code that - ordance with the guidelines and design specifications established by the Director of Transportation under Ohio R - ordance with those guidelines and design specifications does not limit or affect the application of subsections (a)(1), (a)(2)A - ordinance. (5) “Reckless operation offense” means a violation of Ohio R - ordinance substantially equivalent to Ohio R - ordinance pertaining to speed - ordinance, former law of this State, or current or former law of another state or the United States - Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality - Ordinances should be consulted prior to any action being taken - Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588 --- *Imported automatically by MunicipalWiki. The original publisher remains the authoritative source pending legal normalization and verification.* # 537.02 VEHICULAR HOMICIDE AND MANSLAUGHTER. # 537.02 VEHICULAR HOMICIDE AND MANSLAUGHTER.
Document typesection
Identifier537.02
Citation§ 537.02
Ordinances detectedS, 116-84, ER, NANCE, THAT, FOR, INANCE, SUBSTANTIALLY, PERTAINING
Dates detectedMarch 23, 2000
Original source[American Legal Publishing](https://codelibrary.amlegal.com/codes/sheffieldlake/latest/sheffieldlake_oh/0-0-0-11618)
Content hash`44713112808816fad161342482c02b637020da3379ed1f6fc430c1a86fd21908`
--- Skip to main content Search Sitemap Login Select Language Resources Skip to code content (skip section selection) 2025-04 (current) Sheffield Lake Overview Codified Ordinances of Sheffield Lake, OH CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO CERTIFICATION ROSTER OF OFFICIALS ADOPTING ORDINANCE NO. 116-84 COMPARATIVE SECTION TABLE TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE CHARTER PART ONE - ADMINISTRATIVE CODE PART THREE - TRAFFIC CODE PART FIVE - GENERAL OFFENSES CODE CHAPTER 501 General Provisions and Penalty CHAPTER 505 Animals and Fowl CHAPTER 509 Disorderly Conduct and Peace Disturbance CHAPTER 513 Drug Abuse Control CHAPTER 517 Gambling CHAPTER 521 Health, Safety and Sanitation CHAPTER 525 Law Enforcement and Public Office CHAPTER 529 Liquor Control CHAPTER 531 Noise Control CHAPTER 533 Obscenity and Sex Offenses CHAPTER 537 Offenses Against Persons 537.01 NEGLIGENT HOMICIDE. 537.02 VEHICULAR HOMICIDE AND MANSLAUGHTER. 537.021 VEHICULAR ASSAULT IN A CONSTRUCTION ZONE. 537.03 ASSAULT. 537.04 NEGLIGENT ASSAULT. 537.05 AGGRAVATED MENACING. 537.051 MENACING BY STALKING. 537.06 MENACING. 537.07 ENDANGERING CHILDREN. 537.08 UNLAWFUL RESTRAINT. 537.09 COERCION. 537.10 TELECOMMUNICATION HARASSMENT. 537.11 THREATENING OR HARASSING TELEPHONE CALLS. 537.12 MISUSE OF 9-1-1 SYSTEM. 537.13 ADULTERATING OF OR FURNISHING ADULTERATED FOOD OR CONFECTION. 537.14 DOMESTIC VIOLENCE. 537.15 ANNOYING BUILDING OCCUPANTS. 537.16 MOLESTING OR INSULTING PERSONS. 537.17 TEMPORARY PROTECTION ORDER. 537.18 ILLEGAL DISTRIBUTION OF CIGARETTES, OTHER TOBACCO PRODUCTS, OR ALTERNATE NICOTINE PRODUCTS; TRANSACTION SCANS. 537.19 RESERVED. 537.20 CONTRIBUTING TO UNRULINESS OR DELINQUENCY OF A CHILD. 537.21 HAZING PROHIBITED. 537.22 ILLEGAL USE OF A TRACKING DEVICE OR APPLICATION. 537.99 PENALTY. CHAPTER 541 Property Offenses CHAPTER 545 Theft and Fraud CHAPTER 549 Weapons and Explosives CHAPTER 553 Railroads CHAPTER 557 Watercraft CHAPTER 561 Weeds and Grass PART SEVEN - BUSINESS REGULATION CODE PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE PART ELEVEN - PLANNING AND ZONING CODE PART THIRTEEN - BUILDING CODE PART FIFTEEN - FIRE PREVENTION CODE OH Sheffield Lake Codified Ordinances of Sheffield Lake, OH 537.02 VEHICULAR HOMICIDE AND MANSLAUGHTER. CHAPTER 537 Offenses Against Persons CHAPTER 537 Offenses Against Persons 537.01 Negligent homicide. 537.02 Vehicular homicide and manslaughter. 537.021 Vehicular assault in a construction zone 537.03 Assault. 537.04 Negligent assault. 537.05 Aggravated menacing. 537.051 Menacing by stalking. 537.06 Menacing. 537.07 Endangering children. 537.08 Unlawful restraint. 537.09 Coercion. 537.10 Telecommunication harassment. 537.11 Threatening or harassing telephone calls. 537.12 Misuse of 9-1-1 system. 537.13 Adulterating of or furnishing adulterated food or confection. 537.14 Domestic violence. 537.15 Annoying building occupants. 537.16 Molesting or insulting persons. 537.17 Temporary protection order. 537.18 Illegal distribution of cigarettes, other tobacco products, or alternate nicotine products; transaction scans. 537.19 Reserved. 537.20 Contributing to unruliness or delinquency of a child. 537.21 Hazing prohibited. 537.22 Illegal use of a tracking device or application. 537.99 Penalty. CROSS REFERENCES See sectional histories for similar State law Physical harm to person defined - see GEN. OFF. 501.01(c), (e) Fighting; provoking violent response - see GEN. OFF. 509.03 537.01 NEGLIGENT HOMICIDE. (a) No person shall negligently cause the death of another or the unlawful termination of another’s pregnancy by means of a deadly weapon or dangerous ordnance as defined in Section 549.01. (b) Whoever violates this section is guilty of negligent homicide, a misdemeanor of the first degree. (ORC 2903.05) 537.02 VEHICULAR HOMICIDE AND MANSLAUGHTER. (a) No person, while operating or participating in the operation of a motor vehicle, motorcycle, utility vehicle, mini-truck, snowmobile, locomotive, watercraft, or aircraft, shall cause the death of another or the unlawful termination of another’s pregnancy in any of the following ways: (1) As the proximate result of committing an OVI offense. (2) In one of the following ways: A. Recklessly; B. As the proximate result of committing, while operating or participating in the operation of a motor vehicle, utility vehicle, mini-truck, or motorcycle in a construction zone, a reckless operation offense, provided that this division applies only if the person whose death is caused or whose pregnancy is unlawfully terminated is in the construction zone at the time of the offender’s commission of the reckless operation offense in the construction zone and does not apply as described in subsection (d) of this section. (3) In one of the following ways: A. Negligently; B. As the proximate result of committing, while operating or participating in the operation of a motor vehicle, utility vehicle, mini-truck, or motorcycle in a construction zone, a speeding offense, provided that this subsection applies only if the person whose death is caused or whose pregnancy is unlawfully terminated is in the construction zone at the time of the offender’s commission of the speeding offense in the construction zone and does not apply as described in subsection (d) of this section. (4) As the proximate result of committing a violation of any provision of any section contained in Title XLV of the Ohio Revised Code that is a minor misdemeanor or of a municipal ordinance that, regardless of the penalty set by ordinance for the violation, is substantially equivalent to any provision of any section contained in Title XLV of the Ohio Revised Code that is a minor misdemeanor. (b) (1) Whoever violates subsection (a)(3) of this section is guilty of vehicular homicide. Except as otherwise provided in this subsection, vehicular homicide is a misdemeanor of the first degree. Vehicular homicide is a felony and shall be prosecuted under appropriate State law if, at the time of the offense, the offender was driving under a suspension or cancellation imposed under Ohio R.C. Chapter 4510 or any other provision of the Ohio Revised Code or was operating a motor vehicle or motorcycle, did not have a valid driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege, and was not eligible for renewal of the offender’s driver’s license or commercial driver’s license without examination under Ohio R.C. 4507.10 or if the offender previously has been convicted of or pleaded guilty to a violation of this section or any traffic-related homicide, manslaughter or assault offense. (2) Whoever violates subsection (a)(4) of this section is guilty of vehicular manslaughter. Except as otherwise provided in this subsection, vehicular manslaughter is a misdemeanor of the second degree. Vehicular manslaughter is a misdemeanor of the first degree if, at the time of the offense, the offender was driving under a suspension or cancellation imposed under Ohio R.C. Chapter 4510 or any other provision of the Ohio Revised Code or was operating a motor vehicle or motorcycle, did not have a valid driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege, and was not eligible for renewal of the offender’s driver’s license or commercial driver’s license without examination under Ohio R.C. 4507.10 or if the offender previously has been convicted of or pleaded guilty to a violation of this section or any traffic-related homicide, manslaughter, or assault offense. (c) The court shall impose a mandatory jail term of at least fifteen days on an offender who is convicted of or pleads guilty to a violation of subsection (a)(3)B. of this section and may impose upon the offender a longer jail term as authorized pursuant to Section 501.99. (d) Subsection (a)(2)B. and (a)(3)B. do not apply in a particular construction zone unless signs of the type described in Ohio R.C. 2903.081 are erected in that construction zone in accordance with the guidelines and design specifications established by the Director of Transportation under Ohio R.C. 5501.27. The failure to erect signs of the type described in Ohio R.C. 2903.081 in a particular construction zone in accordance with those guidelines and design specifications does not limit or affect the application of subsections (a)(1), (a)(2)A., (a)(3)A., or (a)(4) of this section in that construction zone or the prosecution of any person who violates any of those subsections in that construction zone. (e) As used in this section: (1) “Construction zone” has the same meaning as in Ohio R.C. 5501.27. (2) “Mandatory prison term” and “mandatory jail term” have the same meanings as in Ohio R.C. 2929.01. (3) “Motor vehicle”, “mini-truck” and “utility vehicle” have the same meaning as in Ohio R.C. 4501.01. (4) “OVI offense” means a violation of Ohio R.C. 4511.19(A), a violation of Ohio R.C. 1547.11(A), a violation of Ohio R.C. 4561.15(A)(3), or a substantially equivalent municipal ordinance. (5) “Reckless operation offense” means a violation of Ohio R.C. 4511.20 or a municipal ordinance substantially equivalent to Ohio R.C. 4511.20. (6) “Speeding offense” means a violation of Ohio R.C. 4511.21 or a municipal ordinance pertaining to speed. (7) “Traffic-related homicide, manslaughter or assault offense” means a violation of Ohio R.C. 2903.04 in circumstances in which division (D) of that section applies, a violation of Ohio R.C. 2903.06 or 2903.08, or a violation of Ohio R.C. 2903.06, 2903.07 or 2903.08 as they existed prior to March 23, 2000. (f) For the purposes of this section, when a penalty or suspension is enhanced because of a prior or current violation of a specified law or a prior or current specified offense, the reference to the violation of the specified law or the specified offense includes any violation of any substantially equivalent municipal ordinance, former law of this State, or current or former law of another state or the United States. (ORC 2903.06) (g) The court imposing a sentence upon an offender for any violation of this section also shall impose a 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 division (B) of Ohio R.C. 4510.02 that is equivalent in length to the suspension required for a violation of Ohio R.C. 2903.06 or division (A) or (B) of Ohio R.C. 4511.19 under similar circumstances. (ORC 4510.07) 537.021 VEHICULAR ASSAULT IN A CONSTRUCTION ZONE. (a) No person, while operating or participating in the operation of a motor vehicle, motorcycle, utility vehicle, mini-truck, snowmobile, locomotive, watercraft, or aircraft, shall cause serious physical harm to another person or another’s unborn as the proximate result of committing, while operating or participating in the operation of a motor vehicle, utility vehicle, mini-truck, or motorcycle in a construction zone, a speeding offense. This subsection applies only if the person to whom the serious physical harm is caused or to whose unborn the serious physical harm is caused is in the construction zone at the time of the offender’s commission of the speeding offense in the construction zone and does not apply as described in subsection (d) hereof. (b) Whoever violates this section is guilty of vehicular assault. Except as provided in this subsection, vehicular assault is a misdemeanor of the first degree. Vehicular assault is a felony if, at the time of the offense, the offender was driving under a suspension imposed under Ohio R.C. Chapter 4510, or any other provision of the Ohio Revised Code or if the offender previously has been convicted of or pleaded guilty to a violation of this section or any traffic- related homicide, manslaughter, or assault offense, and shall be prosecuted under appropriate state law. In addition to any other sanctions imposed, the court shall impose upon the offender a class four 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 division (A)(4) of Ohio R.C. 4510.02. (c) The court shall impose a mandatory jail term of at least seven days on an offender who is convicted of or pleads guilty to a violation of this section and may impose upon the offender a longer jail term as authorized pursuant to Section 501.99. (d) This section does not apply in a particular construction zone unless signs of the type described in Ohio R.C. 2903.081 are erected in that construction zone in accordance with the guidelines and design specifications established by the Director of Transportation under Ohio R.C. 5501.27. (e) As used in this section: (1) “Mandatory jail term” has the same meaning as in Ohio R.C. 2929.01. (2) “Traffic-related homicide, manslaughter or assault offense” has the same meaning as in Ohio R.C. 2903.06. (3) “Construction zone” has the same meaning as in Ohio R.C. 5501.27. (4) “Speeding offense” has the same meaning as in Ohio R.C. 2903.06. (f) For the purposes of this section, when a penalty or suspension is enhanced because of a prior or current violation of a specified law or a prior or current specified offense, the reference to the violation of the specified law or the specified offense includes any violation of any substantially equivalent municipal ordinance, former law of this State, or current or former law of another state or the United States. (ORC 2903.08) 537.03 ASSAULT. (a) No person shall knowingly cause or attempt to cause physical harm to another or to another’s unborn. (b) No person shall recklessly cause serious physical harm to another or to another’s unborn. (c) (1) Whoever violates this section is guilty of assault, a misdemeanor of the first degree, and the court shall sentence the offender as provided in subsection (c) hereof. If the assault was committed under the circumstances provided in subsection (c)(2), (3), (4), (5), (6), (7), (8) or (9) hereof, assault is a felony and shall be prosecuted under appropriate State law. (2) Except as otherwise provided in this subsection, if the offense is committed by a caretaker against a functionally impaired person under the caretaker’s care, the assault is a felony and shall be prosecuted under appropriate State law. (3) If the offense occurs in or on the grounds of a State correctional institution or an institution of the Department of Youth Services, the victim of the offense is an employee of the Department of Rehabilitation and Correction or the Department of Youth Services, and the offense is committed by a person incarcerated in the State correctional institution or by a person institutionalized in the Department of Youth Services Institution pursuant to a commitment to the Department of Youth Services. (4) If the offense is committed in any of the following circumstances: A. The offense occurs in or on the grounds of a local correctional facility, the victim of the offense is an employee of the local correctional facility or a probation department or is on the premises of the facility for business purposes or as a visitor, and the offense is committed by a person who is under custody in the facility subsequent to the person’s arrest for any crime or delinquent act, subsequent to the person’s being charged with or convicted of any crime, or subsequent to the person’s being alleged to be or adjudicated a delinquent child. B. The offense occurs off the grounds of a State correctional institution and off the grounds of an institution of the Department of Youth Services, the victim of the offense is an employee of the Department of Rehabilitation and Correction, the Department of Youth Services, or a probation department, the offense occurs during the employee’s official work hours and while the employee is engaged in official work responsibilities, and the offense is committed by a person incarcerated in a State correctional institution or institutionalized in the Department of Youth Services who temporarily is outside of the institution for any purpose, by a parolee, by an offender under transitional control, under a community control sanction, or on an escorted visit, by a person under post-release control, or by an offender under any other type of supervision by a government agency. C. The offense occurs off the grounds of a local correctional facility, the victim of the offense is an employee of the local correctional facility or a probation department, the offense occurs during the employee’s official work hours and while the employee is engaged in official work responsibilities, and the offense is committed by a person who is under custody in the facility subsequent to the person’s arrest for any crime or delinquent act, subsequent to the person being charged with or convicted of any crime, or subsequent to the person being alleged to be or adjudicated a delinquent child and who temporarily is outside of the facility for any purpose or by a parolee, by an offender under transitional control, under a community control sanction, or on an escorted visit, by a person under post-release control, or by an offender under any other type of supervision by a government agency. D. The victim of the offense is a school teacher or administrator or a school bus operator, and the offense occurs in a school, on school premises, in a school building, on a school bus or while the victim is outside of school premises or a school bus and is engaged in duties or official responsibilities associated with the victim’s employment or position as a school teacher or administrator or a school bus operator, including, but not limited to, driving, accompanying, or chaperoning students at or on class or field trips, athletic events, or other school extracurricular activities or functions outside of school premises. (5) If the victim of the offense is a peace officer or an investigator of the Bureau of Criminal Identification and Investigation, a firefighter, or a person performing emergency medical service, while in the performance of their official duties. (6) If the victim of the offense is a peace officer or an investigator of the Bureau of Criminal Identification and Investigation and if the victim suffered serious physical harm as a result of the commission of the offense. (7) If the victim of the offense is an officer or employee of a public children services agency or a private child placing agency and the offense relates to the officer’s or employee’s performance or anticipated performance of official responsibilities or duties. (8) If the victim of the offense is a health care professional of a hospital, a health care worker of a hospital, or a security officer of a hospital whom the offender knows or has reasonable cause to know is a health care professional of a hospital; a health care worker of a hospital, or a security officer of a hospital, if the victim is engaged in the performance of the victim’s duties, and if the hospital offers de-escalation or crisis intervention training for such professionals, workers or officers, assault is one of the following: A. Except as otherwise provided in subsection (c)(8)B. of this section, assault committed in the specified circumstances is a misdemeanor of the first degree. Notwithstanding the fine specified in division (A)(2)(b) of Ohio R.C. 2929.28 for a misdemeanor of the first degree, in sentencing the offender under this subsection and if the court decides to impose a fine, the court may impose upon the offender a fine of not more than five thousand dollars ($5,000). B. If the offender previously has been convicted of or pleaded guilty to one or more assault or homicide offenses committed against hospital personnel, assault committed in the specified circumstances is a felony. (9) If the victim of the offense is a judge, magistrate, prosecutor or court official or employee whom the offender knows or has reasonable cause to know is a judge, magistrate, prosecutor or court official or employee, and if the victim is engaged in the performance of the victim’s duties, assault is one of the following: A. Except as otherwise provided in subsection (c)(9)B. of this section, assault committed in the specified circumstances is a misdemeanor of the first degree. In sentencing the offender under this subsection, if the court decides to impose a fine, notwithstanding the fine specified in division (A)(2)(b) of Ohio R.C. 2929.28 for a misdemeanor of the first degree, the court may impose upon the offender a fine of not more than five thousand dollars ($5,000). B. If the offender previously has been convicted of or pleaded guilty to one or more assault or homicide offenses committed against justice system personnel, assault committed in the specified circumstances is a felony. (10) If an offender who is convicted of or pleads guilty to assault when it is a misdemeanor also is convicted of or pleads guilty to a specification as described in Ohio R.C. 2941.1423 that was included in the indictment, count in the indictment or information charging the offense, the court shall sentence the offender to a mandatory jail term as provided in division (G) of Ohio R.C. 2929.24. (11) A prosecution for a violation of subsections (a) or (b) of this section does not preclude a prosecution for a violation of any other section of the Ohio Revised Code. One or more acts, a series of acts, or a course of behavior that can be prosecuted under subsections (a) or (b) of this section or any other section of the Ohio Revised Code may be prosecuted under subsections (a) or (b) of this section, the other sections of the Ohio Revised Code, or both sections. However, if an offender is convicted of or pleads guilty to a violation of subsections (a) or (b) of this section and also is convicted of or pleads guilty to a violation of Ohio R.C. 2903.22, or any substantially equivalent municipal ordinance, based on the same conduct involving the same victim that was the basis of the violation of subsections (a) or (b) of this section, the offenses are allied offenses of similar import under Ohio R.C. 2941.25. (d) As used in this section: (1) “Peace officer” has the same meaning as in Ohio R.C. 2935.01. (2) “Firefighter” has the same meaning as in Ohio R.C. 3937.41. (3) “Emergency medical service” has the same meaning as in Ohio R.C. 4765.01. (4) “Local correctional facility” means a county, multicounty, municipal, municipal-county or multicounty-municipal jail or workhouse. A minimum security jail established under Ohio R.C. 341.23 or 753.21, or another county, multicounty, municipal, municipal-county, or multicounty- municipal facility used for the custody of persons arrested for any crime or delinquent act, persons charged with or convicted of any crime, or persons alleged to be or adjudicated a delinquent child. (5) “Employee of a local correctional facility” means a person who is an employee of the political subdivision or of one or more of the affiliated political subdivisions that operates the local correctional facility and who operates or assists in the operation of the facility. (6) “School teacher or administrator” means either of the following: A. A person who is employed in the public schools of the State under a contract described in Ohio R.C. 3311.77 or 3319.08 in a position in which the person is required to have a certificate issued pursuant to Ohio R.C. 3319.22 to 3319.311. B. A person who is employed by a nonpublic school for which the Director of Education and Workforce prescribes minimum standards under Ohio R.C. 3301.07 and who is certified in accordance with Ohio R.C. 3301.071. (7) “Community control sanction” has the same meaning as in Ohio R.C. 2929.01. (8) “Escorted visit” means an escorted visit granted under Ohio R.C. 2967.27. (9) “Post-release control” and “transitional control” have the same meanings as in Ohio R.C. 2967.01. (10) “Investigator of the Bureau of Criminal Identification and Investigation” has the same meaning as in Ohio R.C. 2903.11. (11) “Health care professional” and “health care worker” have the same meanings as in Ohio R.C. 2305.234. (12) “Assault or homicide offense committed against hospital personnel” means a violation of this section or Ohio R.C. 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.13 or 2903.14 committed in circumstances in which all of the following apply: A. The victim of the offense was a health care professional of a hospital, a health care worker of a hospital or a security officer of a hospital. B. The offender knew or had reasonable cause to know that the victim was a health care professional of a hospital, a health care worker of a hospital, or a security officer of a hospital; C. The victim was engaged in the performance of the victim’s duties. D. The hospital offered de-escalation or crisis intervention training for such professionals, workers or officers. (13) “De-escalation or crisis intervention training” means de-escalation or crisis intervention training for health care professionals of a hospital, health care workers of a hospital, and security officers of a hospital to facilitate interaction with patients, members of a patient’s family, and visitors, including those with mental impairments. (14) “Assault or homicide offense committed against justice system personnel” means a violation of this section or of Ohio R.C. 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.13 or 2903.14 committed in circumstances in which the victim of the offense was a judge, magistrate, prosecutor, or court official or employee whom the offender knew or had reasonable cause to know was a judge, magistrate, prosecutor, or court official or employee, and the victim was engaged in the performance of the victim’s duties. (15) “Court official or employee” means any official or employee of a court created under the constitution or statutes of this State or of a United States court located in this State. (16) “Judge” means a judge of a court created under the constitution or statutes of this State or of a United States court located in this State. (17) “Magistrate” means an individual who is appointed by a court of record of this State and who has the powers and may perform the functions specified in Civil Rule 53, Criminal Rule 19, or Juvenile Rule 40, or an individual who is appointed by a United States court located in this State who has similar powers and functions. (18) “Prosecutor” has the same meaning as in Ohio R.C. 2935.01. (19) A. “Hospital” means, subject to subsection (d)(19)B. of this section, an institution classified as a hospital under Ohio R.C. 3701.01 in which are provided to patients diagnostic, medical, surgical, obstetrical, psychiatric, or rehabilitation care or a hospital operated by a health maintenance organization. B. “Hospital” does not include any of the following: 1. A facility licensed under Ohio R.C. Chapter 3721, a health care facility operated by the Department of Mental Health or the Department of Developmental Disabilities, a health maintenance organization that does not operate a hospital, or the office of any private, licensed health care professional, whether organized for individual or group practice; 2. An institution for the sick that is operated exclusively for patients who use spiritual means for healing and for whom the acceptance of medical care is inconsistent with their religious beliefs, accredited by a national accrediting organization, exempt from federal income taxation under Section 501 of the “Internal Revenue Code of 1986", 100 Stat. 2085, 26 U.S.C. 1, as amended, and providing twenty-four-hour nursing care pursuant to the exemption in division (E) of Ohio R.C. 4723.32 from the licensing requirements of Ohio R.C. Chapter 4723. (20) “Health maintenance organization” has the same meaning as in Ohio R.C. 3727.01. (21) “Emergency service responder” means any law enforcement officer, first responder, emergency medical technician-basic, emergency medical technician-intermediate, emergency medical technician-paramedic, firefighter, or volunteer firefighter. (22) “Family or household member” means any of the following: A. Any of the following who is residing or has resided with a person who is employed as an emergency service responder: 1. A spouse, a person living as a spouse, or a former spouse of a person who is employed as an emergency service responder; 2. A parent, a foster parent, or a child of a person who is employed as an emergency service responder, or another person related by consanguinity or affinity to a person who is employed as an emergency service responder; 3. A parent or a child of a spouse, person living as a spouse, or former spouse of a person who is employed as an emergency service responder, or another person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of a person who is employed as an emergency service responder. B. The natural parent of any child of whom a person who is employed as an emergency service responder is the other natural parent or is the putative other natural parent. (23) “First responder”, “emergency medical technician-basic”, “emergency medical technician-intermediate” and “emergency medical technician-paramedic” have the same meanings as in Ohio R.C. 4765.01. (24) “Volunteer firefighter” has the same meaning as in Ohio R.C. 146.01. (25) “Person living as a spouse” means a person who is living or has lived with a person who is employed as an emergency service responder in a common law marital relationship, who otherwise is cohabiting with a person who is employed as an emergency service responder, or who otherwise has cohabited with a person who is employed as an emergency service responder within five years prior to the date of the alleged commission of the act in question. (26) “Co-worker” means a person who is employed by the organization or entity that is served by a person who is employed as an emergency service responder. (ORC 2903.13) Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588. Hosted by: American Legal Publishing Back to Code Library Previous Doc Next Doc 0 items available --- ## Detected legislative history - Ordinances of Sheffield Lake, OH - ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO - ORDINANCE NO. 116-84 - ORDINANCES OF SHEFFIELD LAKE - orderly Conduct and Peace Disturbance - ORDER - order - ordnance as defined in Section 549 - ordinance that, regardless of the penalty set by ordinance for the violation, is substantially equivalent to any provision of any section contained in Title XLV of the Ohio Revised Code that - ordance with the guidelines and design specifications established by the Director of Transportation under Ohio R - ordance with those guidelines and design specifications does not limit or affect the application of subsections (a)(1), (a)(2)A - ordinance. (5) “Reckless operation offense” means a violation of Ohio R - ordinance substantially equivalent to Ohio R - ordinance pertaining to speed - ordinance, former law of this State, or current or former law of another state or the United States - ordinance, based on the same conduct involving the same victim that was the basis of the violation of subsections (a) or (b) of this section, the offenses are allied offenses of similar imp - ordance with Ohio R - ord of this State and who has the powers and may perform the functions specified in Civil Rule 53, Criminal Rule 19, or Juvenile Rule 40, or an individual who is appointed by a United - amended, and providing twenty-four-hour nursing care pursuant to the exemption in division (E) of Ohio R - Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality - Ordinances should be consulted prior to any action being taken - Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588 --- *Imported automatically by MunicipalWiki. The original publisher remains the authoritative source pending legal normalization and verification.* # 537.021 VEHICULAR ASSAULT IN A CONSTRUCTION ZONE. # 537.021 VEHICULAR ASSAULT IN A CONSTRUCTION ZONE.
Document typesection
Identifier537.021
Citation§ 537.021
Ordinances detectedS, 116-84, ER, THAT, FOR, INANCE, SUBSTANTIALLY, PERTAINING
Dates detectedMarch 23, 2000
Original source[American Legal Publishing](https://codelibrary.amlegal.com/codes/sheffieldlake/latest/sheffieldlake_oh/0-0-0-11644)
Content hash`926260be024a1d424cec0a730b98c94f6099d62eac032c05bb00ff905e0c96fd`
--- Skip to main content Search Sitemap Login Select Language Resources Skip to code content (skip section selection) 2025-04 (current) Sheffield Lake Overview Codified Ordinances of Sheffield Lake, OH CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO CERTIFICATION ROSTER OF OFFICIALS ADOPTING ORDINANCE NO. 116-84 COMPARATIVE SECTION TABLE TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE CHARTER PART ONE - ADMINISTRATIVE CODE PART THREE - TRAFFIC CODE PART FIVE - GENERAL OFFENSES CODE CHAPTER 501 General Provisions and Penalty CHAPTER 505 Animals and Fowl CHAPTER 509 Disorderly Conduct and Peace Disturbance CHAPTER 513 Drug Abuse Control CHAPTER 517 Gambling CHAPTER 521 Health, Safety and Sanitation CHAPTER 525 Law Enforcement and Public Office CHAPTER 529 Liquor Control CHAPTER 531 Noise Control CHAPTER 533 Obscenity and Sex Offenses CHAPTER 537 Offenses Against Persons 537.01 NEGLIGENT HOMICIDE. 537.02 VEHICULAR HOMICIDE AND MANSLAUGHTER. 537.021 VEHICULAR ASSAULT IN A CONSTRUCTION ZONE. 537.03 ASSAULT. 537.04 NEGLIGENT ASSAULT. 537.05 AGGRAVATED MENACING. 537.051 MENACING BY STALKING. 537.06 MENACING. 537.07 ENDANGERING CHILDREN. 537.08 UNLAWFUL RESTRAINT. 537.09 COERCION. 537.10 TELECOMMUNICATION HARASSMENT. 537.11 THREATENING OR HARASSING TELEPHONE CALLS. 537.12 MISUSE OF 9-1-1 SYSTEM. 537.13 ADULTERATING OF OR FURNISHING ADULTERATED FOOD OR CONFECTION. 537.14 DOMESTIC VIOLENCE. 537.15 ANNOYING BUILDING OCCUPANTS. 537.16 MOLESTING OR INSULTING PERSONS. 537.17 TEMPORARY PROTECTION ORDER. 537.18 ILLEGAL DISTRIBUTION OF CIGARETTES, OTHER TOBACCO PRODUCTS, OR ALTERNATE NICOTINE PRODUCTS; TRANSACTION SCANS. 537.19 RESERVED. 537.20 CONTRIBUTING TO UNRULINESS OR DELINQUENCY OF A CHILD. 537.21 HAZING PROHIBITED. 537.22 ILLEGAL USE OF A TRACKING DEVICE OR APPLICATION. 537.99 PENALTY. CHAPTER 541 Property Offenses CHAPTER 545 Theft and Fraud CHAPTER 549 Weapons and Explosives CHAPTER 553 Railroads CHAPTER 557 Watercraft CHAPTER 561 Weeds and Grass PART SEVEN - BUSINESS REGULATION CODE PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE PART ELEVEN - PLANNING AND ZONING CODE PART THIRTEEN - BUILDING CODE PART FIFTEEN - FIRE PREVENTION CODE OH Sheffield Lake Codified Ordinances of Sheffield Lake, OH 537.021 VEHICULAR ASSAULT IN A CONSTRUCTION ZONE. CHAPTER 537 Offenses Against Persons 537.02 VEHICULAR HOMICIDE AND MANSLAUGHTER. (a) No person, while operating or participating in the operation of a motor vehicle, motorcycle, utility vehicle, mini-truck, snowmobile, locomotive, watercraft, or aircraft, shall cause the death of another or the unlawful termination of another’s pregnancy in any of the following ways: (1) As the proximate result of committing an OVI offense. (2) In one of the following ways: A. Recklessly; B. As the proximate result of committing, while operating or participating in the operation of a motor vehicle, utility vehicle, mini-truck, or motorcycle in a construction zone, a reckless operation offense, provided that this division applies only if the person whose death is caused or whose pregnancy is unlawfully terminated is in the construction zone at the time of the offender’s commission of the reckless operation offense in the construction zone and does not apply as described in subsection (d) of this section. (3) In one of the following ways: A. Negligently; B. As the proximate result of committing, while operating or participating in the operation of a motor vehicle, utility vehicle, mini-truck, or motorcycle in a construction zone, a speeding offense, provided that this subsection applies only if the person whose death is caused or whose pregnancy is unlawfully terminated is in the construction zone at the time of the offender’s commission of the speeding offense in the construction zone and does not apply as described in subsection (d) of this section. (4) As the proximate result of committing a violation of any provision of any section contained in Title XLV of the Ohio Revised Code that is a minor misdemeanor or of a municipal ordinance that, regardless of the penalty set by ordinance for the violation, is substantially equivalent to any provision of any section contained in Title XLV of the Ohio Revised Code that is a minor misdemeanor. (b) (1) Whoever violates subsection (a)(3) of this section is guilty of vehicular homicide. Except as otherwise provided in this subsection, vehicular homicide is a misdemeanor of the first degree. Vehicular homicide is a felony and shall be prosecuted under appropriate State law if, at the time of the offense, the offender was driving under a suspension or cancellation imposed under Ohio R.C. Chapter 4510 or any other provision of the Ohio Revised Code or was operating a motor vehicle or motorcycle, did not have a valid driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege, and was not eligible for renewal of the offender’s driver’s license or commercial driver’s license without examination under Ohio R.C. 4507.10 or if the offender previously has been convicted of or pleaded guilty to a violation of this section or any traffic-related homicide, manslaughter or assault offense. (2) Whoever violates subsection (a)(4) of this section is guilty of vehicular manslaughter. Except as otherwise provided in this subsection, vehicular manslaughter is a misdemeanor of the second degree. Vehicular manslaughter is a misdemeanor of the first degree if, at the time of the offense, the offender was driving under a suspension or cancellation imposed under Ohio R.C. Chapter 4510 or any other provision of the Ohio Revised Code or was operating a motor vehicle or motorcycle, did not have a valid driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege, and was not eligible for renewal of the offender’s driver’s license or commercial driver’s license without examination under Ohio R.C. 4507.10 or if the offender previously has been convicted of or pleaded guilty to a violation of this section or any traffic-related homicide, manslaughter, or assault offense. (c) The court shall impose a mandatory jail term of at least fifteen days on an offender who is convicted of or pleads guilty to a violation of subsection (a)(3)B. of this section and may impose upon the offender a longer jail term as authorized pursuant to Section 501.99. (d) Subsection (a)(2)B. and (a)(3)B. do not apply in a particular construction zone unless signs of the type described in Ohio R.C. 2903.081 are erected in that construction zone in accordance with the guidelines and design specifications established by the Director of Transportation under Ohio R.C. 5501.27. The failure to erect signs of the type described in Ohio R.C. 2903.081 in a particular construction zone in accordance with those guidelines and design specifications does not limit or affect the application of subsections (a)(1), (a)(2)A., (a)(3)A., or (a)(4) of this section in that construction zone or the prosecution of any person who violates any of those subsections in that construction zone. (e) As used in this section: (1) “Construction zone” has the same meaning as in Ohio R.C. 5501.27. (2) “Mandatory prison term” and “mandatory jail term” have the same meanings as in Ohio R.C. 2929.01. (3) “Motor vehicle”, “mini-truck” and “utility vehicle” have the same meaning as in Ohio R.C. 4501.01. (4) “OVI offense” means a violation of Ohio R.C. 4511.19(A), a violation of Ohio R.C. 1547.11(A), a violation of Ohio R.C. 4561.15(A)(3), or a substantially equivalent municipal ordinance. (5) “Reckless operation offense” means a violation of Ohio R.C. 4511.20 or a municipal ordinance substantially equivalent to Ohio R.C. 4511.20. (6) “Speeding offense” means a violation of Ohio R.C. 4511.21 or a municipal ordinance pertaining to speed. (7) “Traffic-related homicide, manslaughter or assault offense” means a violation of Ohio R.C. 2903.04 in circumstances in which division (D) of that section applies, a violation of Ohio R.C. 2903.06 or 2903.08, or a violation of Ohio R.C. 2903.06, 2903.07 or 2903.08 as they existed prior to March 23, 2000. (f) For the purposes of this section, when a penalty or suspension is enhanced because of a prior or current violation of a specified law or a prior or current specified offense, the reference to the violation of the specified law or the specified offense includes any violation of any substantially equivalent municipal ordinance, former law of this State, or current or former law of another state or the United States. (ORC 2903.06) (g) The court imposing a sentence upon an offender for any violation of this section also shall impose a 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 division (B) of Ohio R.C. 4510.02 that is equivalent in length to the suspension required for a violation of Ohio R.C. 2903.06 or division (A) or (B) of Ohio R.C. 4511.19 under similar circumstances. (ORC 4510.07) 537.021 VEHICULAR ASSAULT IN A CONSTRUCTION ZONE. (a) No person, while operating or participating in the operation of a motor vehicle, motorcycle, utility vehicle, mini-truck, snowmobile, locomotive, watercraft, or aircraft, shall cause serious physical harm to another person or another’s unborn as the proximate result of committing, while operating or participating in the operation of a motor vehicle, utility vehicle, mini-truck, or motorcycle in a construction zone, a speeding offense. This subsection applies only if the person to whom the serious physical harm is caused or to whose unborn the serious physical harm is caused is in the construction zone at the time of the offender’s commission of the speeding offense in the construction zone and does not apply as described in subsection (d) hereof. (b) Whoever violates this section is guilty of vehicular assault. Except as provided in this subsection, vehicular assault is a misdemeanor of the first degree. Vehicular assault is a felony if, at the time of the offense, the offender was driving under a suspension imposed under Ohio R.C. Chapter 4510, or any other provision of the Ohio Revised Code or if the offender previously has been convicted of or pleaded guilty to a violation of this section or any traffic- related homicide, manslaughter, or assault offense, and shall be prosecuted under appropriate state law. In addition to any other sanctions imposed, the court shall impose upon the offender a class four 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 division (A)(4) of Ohio R.C. 4510.02. (c) The court shall impose a mandatory jail term of at least seven days on an offender who is convicted of or pleads guilty to a violation of this section and may impose upon the offender a longer jail term as authorized pursuant to Section 501.99. (d) This section does not apply in a particular construction zone unless signs of the type described in Ohio R.C. 2903.081 are erected in that construction zone in accordance with the guidelines and design specifications established by the Director of Transportation under Ohio R.C. 5501.27. (e) As used in this section: (1) “Mandatory jail term” has the same meaning as in Ohio R.C. 2929.01. (2) “Traffic-related homicide, manslaughter or assault offense” has the same meaning as in Ohio R.C. 2903.06. (3) “Construction zone” has the same meaning as in Ohio R.C. 5501.27. (4) “Speeding offense” has the same meaning as in Ohio R.C. 2903.06. (f) For the purposes of this section, when a penalty or suspension is enhanced because of a prior or current violation of a specified law or a prior or current specified offense, the reference to the violation of the specified law or the specified offense includes any violation of any substantially equivalent municipal ordinance, former law of this State, or current or former law of another state or the United States. (ORC 2903.08) 537.03 ASSAULT. (a) No person shall knowingly cause or attempt to cause physical harm to another or to another’s unborn. (b) No person shall recklessly cause serious physical harm to another or to another’s unborn. (c) (1) Whoever violates this section is guilty of assault, a misdemeanor of the first degree, and the court shall sentence the offender as provided in subsection (c) hereof. If the assault was committed under the circumstances provided in subsection (c)(2), (3), (4), (5), (6), (7), (8) or (9) hereof, assault is a felony and shall be prosecuted under appropriate State law. (2) Except as otherwise provided in this subsection, if the offense is committed by a caretaker against a functionally impaired person under the caretaker’s care, the assault is a felony and shall be prosecuted under appropriate State law. (3) If the offense occurs in or on the grounds of a State correctional institution or an institution of the Department of Youth Services, the victim of the offense is an employee of the Department of Rehabilitation and Correction or the Department of Youth Services, and the offense is committed by a person incarcerated in the State correctional institution or by a person institutionalized in the Department of Youth Services Institution pursuant to a commitment to the Department of Youth Services. (4) If the offense is committed in any of the following circumstances: A. The offense occurs in or on the grounds of a local correctional facility, the victim of the offense is an employee of the local correctional facility or a probation department or is on the premises of the facility for business purposes or as a visitor, and the offense is committed by a person who is under custody in the facility subsequent to the person’s arrest for any crime or delinquent act, subsequent to the person’s being charged with or convicted of any crime, or subsequent to the person’s being alleged to be or adjudicated a delinquent child. B. The offense occurs off the grounds of a State correctional institution and off the grounds of an institution of the Department of Youth Services, the victim of the offense is an employee of the Department of Rehabilitation and Correction, the Department of Youth Services, or a probation department, the offense occurs during the employee’s official work hours and while the employee is engaged in official work responsibilities, and the offense is committed by a person incarcerated in a State correctional institution or institutionalized in the Department of Youth Services who temporarily is outside of the institution for any purpose, by a parolee, by an offender under transitional control, under a community control sanction, or on an escorted visit, by a person under post-release control, or by an offender under any other type of supervision by a government agency. C. The offense occurs off the grounds of a local correctional facility, the victim of the offense is an employee of the local correctional facility or a probation department, the offense occurs during the employee’s official work hours and while the employee is engaged in official work responsibilities, and the offense is committed by a person who is under custody in the facility subsequent to the person’s arrest for any crime or delinquent act, subsequent to the person being charged with or convicted of any crime, or subsequent to the person being alleged to be or adjudicated a delinquent child and who temporarily is outside of the facility for any purpose or by a parolee, by an offender under transitional control, under a community control sanction, or on an escorted visit, by a person under post-release control, or by an offender under any other type of supervision by a government agency. D. The victim of the offense is a school teacher or administrator or a school bus operator, and the offense occurs in a school, on school premises, in a school building, on a school bus or while the victim is outside of school premises or a school bus and is engaged in duties or official responsibilities associated with the victim’s employment or position as a school teacher or administrator or a school bus operator, including, but not limited to, driving, accompanying, or chaperoning students at or on class or field trips, athletic events, or other school extracurricular activities or functions outside of school premises. (5) If the victim of the offense is a peace officer or an investigator of the Bureau of Criminal Identification and Investigation, a firefighter, or a person performing emergency medical service, while in the performance of their official duties. (6) If the victim of the offense is a peace officer or an investigator of the Bureau of Criminal Identification and Investigation and if the victim suffered serious physical harm as a result of the commission of the offense. (7) If the victim of the offense is an officer or employee of a public children services agency or a private child placing agency and the offense relates to the officer’s or employee’s performance or anticipated performance of official responsibilities or duties. (8) If the victim of the offense is a health care professional of a hospital, a health care worker of a hospital, or a security officer of a hospital whom the offender knows or has reasonable cause to know is a health care professional of a hospital; a health care worker of a hospital, or a security officer of a hospital, if the victim is engaged in the performance of the victim’s duties, and if the hospital offers de-escalation or crisis intervention training for such professionals, workers or officers, assault is one of the following: A. Except as otherwise provided in subsection (c)(8)B. of this section, assault committed in the specified circumstances is a misdemeanor of the first degree. Notwithstanding the fine specified in division (A)(2)(b) of Ohio R.C. 2929.28 for a misdemeanor of the first degree, in sentencing the offender under this subsection and if the court decides to impose a fine, the court may impose upon the offender a fine of not more than five thousand dollars ($5,000). B. If the offender previously has been convicted of or pleaded guilty to one or more assault or homicide offenses committed against hospital personnel, assault committed in the specified circumstances is a felony. (9) If the victim of the offense is a judge, magistrate, prosecutor or court official or employee whom the offender knows or has reasonable cause to know is a judge, magistrate, prosecutor or court official or employee, and if the victim is engaged in the performance of the victim’s duties, assault is one of the following: A. Except as otherwise provided in subsection (c)(9)B. of this section, assault committed in the specified circumstances is a misdemeanor of the first degree. In sentencing the offender under this subsection, if the court decides to impose a fine, notwithstanding the fine specified in division (A)(2)(b) of Ohio R.C. 2929.28 for a misdemeanor of the first degree, the court may impose upon the offender a fine of not more than five thousand dollars ($5,000). B. If the offender previously has been convicted of or pleaded guilty to one or more assault or homicide offenses committed against justice system personnel, assault committed in the specified circumstances is a felony. (10) If an offender who is convicted of or pleads guilty to assault when it is a misdemeanor also is convicted of or pleads guilty to a specification as described in Ohio R.C. 2941.1423 that was included in the indictment, count in the indictment or information charging the offense, the court shall sentence the offender to a mandatory jail term as provided in division (G) of Ohio R.C. 2929.24. (11) A prosecution for a violation of subsections (a) or (b) of this section does not preclude a prosecution for a violation of any other section of the Ohio Revised Code. One or more acts, a series of acts, or a course of behavior that can be prosecuted under subsections (a) or (b) of this section or any other section of the Ohio Revised Code may be prosecuted under subsections (a) or (b) of this section, the other sections of the Ohio Revised Code, or both sections. However, if an offender is convicted of or pleads guilty to a violation of subsections (a) or (b) of this section and also is convicted of or pleads guilty to a violation of Ohio R.C. 2903.22, or any substantially equivalent municipal ordinance, based on the same conduct involving the same victim that was the basis of the violation of subsections (a) or (b) of this section, the offenses are allied offenses of similar import under Ohio R.C. 2941.25. (d) As used in this section: (1) “Peace officer” has the same meaning as in Ohio R.C. 2935.01. (2) “Firefighter” has the same meaning as in Ohio R.C. 3937.41. (3) “Emergency medical service” has the same meaning as in Ohio R.C. 4765.01. (4) “Local correctional facility” means a county, multicounty, municipal, municipal-county or multicounty-municipal jail or workhouse. A minimum security jail established under Ohio R.C. 341.23 or 753.21, or another county, multicounty, municipal, municipal-county, or multicounty- municipal facility used for the custody of persons arrested for any crime or delinquent act, persons charged with or convicted of any crime, or persons alleged to be or adjudicated a delinquent child. (5) “Employee of a local correctional facility” means a person who is an employee of the political subdivision or of one or more of the affiliated political subdivisions that operates the local correctional facility and who operates or assists in the operation of the facility. (6) “School teacher or administrator” means either of the following: A. A person who is employed in the public schools of the State under a contract described in Ohio R.C. 3311.77 or 3319.08 in a position in which the person is required to have a certificate issued pursuant to Ohio R.C. 3319.22 to 3319.311. B. A person who is employed by a nonpublic school for which the Director of Education and Workforce prescribes minimum standards under Ohio R.C. 3301.07 and who is certified in accordance with Ohio R.C. 3301.071. (7) “Community control sanction” has the same meaning as in Ohio R.C. 2929.01. (8) “Escorted visit” means an escorted visit granted under Ohio R.C. 2967.27. (9) “Post-release control” and “transitional control” have the same meanings as in Ohio R.C. 2967.01. (10) “Investigator of the Bureau of Criminal Identification and Investigation” has the same meaning as in Ohio R.C. 2903.11. (11) “Health care professional” and “health care worker” have the same meanings as in Ohio R.C. 2305.234. (12) “Assault or homicide offense committed against hospital personnel” means a violation of this section or Ohio R.C. 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.13 or 2903.14 committed in circumstances in which all of the following apply: A. The victim of the offense was a health care professional of a hospital, a health care worker of a hospital or a security officer of a hospital. B. The offender knew or had reasonable cause to know that the victim was a health care professional of a hospital, a health care worker of a hospital, or a security officer of a hospital; C. The victim was engaged in the performance of the victim’s duties. D. The hospital offered de-escalation or crisis intervention training for such professionals, workers or officers. (13) “De-escalation or crisis intervention training” means de-escalation or crisis intervention training for health care professionals of a hospital, health care workers of a hospital, and security officers of a hospital to facilitate interaction with patients, members of a patient’s family, and visitors, including those with mental impairments. (14) “Assault or homicide offense committed against justice system personnel” means a violation of this section or of Ohio R.C. 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.13 or 2903.14 committed in circumstances in which the victim of the offense was a judge, magistrate, prosecutor, or court official or employee whom the offender knew or had reasonable cause to know was a judge, magistrate, prosecutor, or court official or employee, and the victim was engaged in the performance of the victim’s duties. (15) “Court official or employee” means any official or employee of a court created under the constitution or statutes of this State or of a United States court located in this State. (16) “Judge” means a judge of a court created under the constitution or statutes of this State or of a United States court located in this State. (17) “Magistrate” means an individual who is appointed by a court of record of this State and who has the powers and may perform the functions specified in Civil Rule 53, Criminal Rule 19, or Juvenile Rule 40, or an individual who is appointed by a United States court located in this State who has similar powers and functions. (18) “Prosecutor” has the same meaning as in Ohio R.C. 2935.01. (19) A. “Hospital” means, subject to subsection (d)(19)B. of this section, an institution classified as a hospital under Ohio R.C. 3701.01 in which are provided to patients diagnostic, medical, surgical, obstetrical, psychiatric, or rehabilitation care or a hospital operated by a health maintenance organization. B. “Hospital” does not include any of the following: 1. A facility licensed under Ohio R.C. Chapter 3721, a health care facility operated by the Department of Mental Health or the Department of Developmental Disabilities, a health maintenance organization that does not operate a hospital, or the office of any private, licensed health care professional, whether organized for individual or group practice; 2. An institution for the sick that is operated exclusively for patients who use spiritual means for healing and for whom the acceptance of medical care is inconsistent with their religious beliefs, accredited by a national accrediting organization, exempt from federal income taxation under Section 501 of the “Internal Revenue Code of 1986", 100 Stat. 2085, 26 U.S.C. 1, as amended, and providing twenty-four-hour nursing care pursuant to the exemption in division (E) of Ohio R.C. 4723.32 from the licensing requirements of Ohio R.C. Chapter 4723. (20) “Health maintenance organization” has the same meaning as in Ohio R.C. 3727.01. (21) “Emergency service responder” means any law enforcement officer, first responder, emergency medical technician-basic, emergency medical technician-intermediate, emergency medical technician-paramedic, firefighter, or volunteer firefighter. (22) “Family or household member” means any of the following: A. Any of the following who is residing or has resided with a person who is employed as an emergency service responder: 1. A spouse, a person living as a spouse, or a former spouse of a person who is employed as an emergency service responder; 2. A parent, a foster parent, or a child of a person who is employed as an emergency service responder, or another person related by consanguinity or affinity to a person who is employed as an emergency service responder; 3. A parent or a child of a spouse, person living as a spouse, or former spouse of a person who is employed as an emergency service responder, or another person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of a person who is employed as an emergency service responder. B. The natural parent of any child of whom a person who is employed as an emergency service responder is the other natural parent or is the putative other natural parent. (23) “First responder”, “emergency medical technician-basic”, “emergency medical technician-intermediate” and “emergency medical technician-paramedic” have the same meanings as in Ohio R.C. 4765.01. (24) “Volunteer firefighter” has the same meaning as in Ohio R.C. 146.01. (25) “Person living as a spouse” means a person who is living or has lived with a person who is employed as an emergency service responder in a common law marital relationship, who otherwise is cohabiting with a person who is employed as an emergency service responder, or who otherwise has cohabited with a person who is employed as an emergency service responder within five years prior to the date of the alleged commission of the act in question. (26) “Co-worker” means a person who is employed by the organization or entity that is served by a person who is employed as an emergency service responder. (ORC 2903.13) Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588. Hosted by: American Legal Publishing Back to Code Library Previous Doc Next Doc 0 items available --- ## Detected legislative history - Ordinances of Sheffield Lake, OH - ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO - ORDINANCE NO. 116-84 - ORDINANCES OF SHEFFIELD LAKE - orderly Conduct and Peace Disturbance - ORDER - ordinance that, regardless of the penalty set by ordinance for the violation, is substantially equivalent to any provision of any section contained in Title XLV of the Ohio Revised Code that - ordance with the guidelines and design specifications established by the Director of Transportation under Ohio R - ordance with those guidelines and design specifications does not limit or affect the application of subsections (a)(1), (a)(2)A - ordinance. (5) “Reckless operation offense” means a violation of Ohio R - ordinance substantially equivalent to Ohio R - ordinance pertaining to speed - ordinance, former law of this State, or current or former law of another state or the United States - ordinance, based on the same conduct involving the same victim that was the basis of the violation of subsections (a) or (b) of this section, the offenses are allied offenses of similar imp - ordance with Ohio R - ord of this State and who has the powers and may perform the functions specified in Civil Rule 53, Criminal Rule 19, or Juvenile Rule 40, or an individual who is appointed by a United - amended, and providing twenty-four-hour nursing care pursuant to the exemption in division (E) of Ohio R - Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality - Ordinances should be consulted prior to any action being taken - Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588 --- *Imported automatically by MunicipalWiki. The original publisher remains the authoritative source pending legal normalization and verification.* # 537.03 ASSAULT. # 537.03 ASSAULT.
Document typesection
Identifier537.03
Citation§ 537.03
Ordinances detectedS, 116-84, ER, THAT, FOR, INANCE, SUBSTANTIALLY, PERTAINING, NANCE
Dates detectedMarch 23, 2000
Original source[American Legal Publishing](https://codelibrary.amlegal.com/codes/sheffieldlake/latest/sheffieldlake_oh/0-0-0-11662)
Content hash`3f4e0a92f8724c67484fe12648477bffa3b82e8da833ca1a04fcc4ace3982bf5`
--- Skip to main content Search Sitemap Login Select Language Resources Skip to code content (skip section selection) 2025-04 (current) Sheffield Lake Overview Codified Ordinances of Sheffield Lake, OH CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO CERTIFICATION ROSTER OF OFFICIALS ADOPTING ORDINANCE NO. 116-84 COMPARATIVE SECTION TABLE TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE CHARTER PART ONE - ADMINISTRATIVE CODE PART THREE - TRAFFIC CODE PART FIVE - GENERAL OFFENSES CODE CHAPTER 501 General Provisions and Penalty CHAPTER 505 Animals and Fowl CHAPTER 509 Disorderly Conduct and Peace Disturbance CHAPTER 513 Drug Abuse Control CHAPTER 517 Gambling CHAPTER 521 Health, Safety and Sanitation CHAPTER 525 Law Enforcement and Public Office CHAPTER 529 Liquor Control CHAPTER 531 Noise Control CHAPTER 533 Obscenity and Sex Offenses CHAPTER 537 Offenses Against Persons 537.01 NEGLIGENT HOMICIDE. 537.02 VEHICULAR HOMICIDE AND MANSLAUGHTER. 537.021 VEHICULAR ASSAULT IN A CONSTRUCTION ZONE. 537.03 ASSAULT. 537.04 NEGLIGENT ASSAULT. 537.05 AGGRAVATED MENACING. 537.051 MENACING BY STALKING. 537.06 MENACING. 537.07 ENDANGERING CHILDREN. 537.08 UNLAWFUL RESTRAINT. 537.09 COERCION. 537.10 TELECOMMUNICATION HARASSMENT. 537.11 THREATENING OR HARASSING TELEPHONE CALLS. 537.12 MISUSE OF 9-1-1 SYSTEM. 537.13 ADULTERATING OF OR FURNISHING ADULTERATED FOOD OR CONFECTION. 537.14 DOMESTIC VIOLENCE. 537.15 ANNOYING BUILDING OCCUPANTS. 537.16 MOLESTING OR INSULTING PERSONS. 537.17 TEMPORARY PROTECTION ORDER. 537.18 ILLEGAL DISTRIBUTION OF CIGARETTES, OTHER TOBACCO PRODUCTS, OR ALTERNATE NICOTINE PRODUCTS; TRANSACTION SCANS. 537.19 RESERVED. 537.20 CONTRIBUTING TO UNRULINESS OR DELINQUENCY OF A CHILD. 537.21 HAZING PROHIBITED. 537.22 ILLEGAL USE OF A TRACKING DEVICE OR APPLICATION. 537.99 PENALTY. CHAPTER 541 Property Offenses CHAPTER 545 Theft and Fraud CHAPTER 549 Weapons and Explosives CHAPTER 553 Railroads CHAPTER 557 Watercraft CHAPTER 561 Weeds and Grass PART SEVEN - BUSINESS REGULATION CODE PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE PART ELEVEN - PLANNING AND ZONING CODE PART THIRTEEN - BUILDING CODE PART FIFTEEN - FIRE PREVENTION CODE OH Sheffield Lake Codified Ordinances of Sheffield Lake, OH 537.03 ASSAULT. CHAPTER 537 Offenses Against Persons 537.02 VEHICULAR HOMICIDE AND MANSLAUGHTER. (a) No person, while operating or participating in the operation of a motor vehicle, motorcycle, utility vehicle, mini-truck, snowmobile, locomotive, watercraft, or aircraft, shall cause the death of another or the unlawful termination of another’s pregnancy in any of the following ways: (1) As the proximate result of committing an OVI offense. (2) In one of the following ways: A. Recklessly; B. As the proximate result of committing, while operating or participating in the operation of a motor vehicle, utility vehicle, mini-truck, or motorcycle in a construction zone, a reckless operation offense, provided that this division applies only if the person whose death is caused or whose pregnancy is unlawfully terminated is in the construction zone at the time of the offender’s commission of the reckless operation offense in the construction zone and does not apply as described in subsection (d) of this section. (3) In one of the following ways: A. Negligently; B. As the proximate result of committing, while operating or participating in the operation of a motor vehicle, utility vehicle, mini-truck, or motorcycle in a construction zone, a speeding offense, provided that this subsection applies only if the person whose death is caused or whose pregnancy is unlawfully terminated is in the construction zone at the time of the offender’s commission of the speeding offense in the construction zone and does not apply as described in subsection (d) of this section. (4) As the proximate result of committing a violation of any provision of any section contained in Title XLV of the Ohio Revised Code that is a minor misdemeanor or of a municipal ordinance that, regardless of the penalty set by ordinance for the violation, is substantially equivalent to any provision of any section contained in Title XLV of the Ohio Revised Code that is a minor misdemeanor. (b) (1) Whoever violates subsection (a)(3) of this section is guilty of vehicular homicide. Except as otherwise provided in this subsection, vehicular homicide is a misdemeanor of the first degree. Vehicular homicide is a felony and shall be prosecuted under appropriate State law if, at the time of the offense, the offender was driving under a suspension or cancellation imposed under Ohio R.C. Chapter 4510 or any other provision of the Ohio Revised Code or was operating a motor vehicle or motorcycle, did not have a valid driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege, and was not eligible for renewal of the offender’s driver’s license or commercial driver’s license without examination under Ohio R.C. 4507.10 or if the offender previously has been convicted of or pleaded guilty to a violation of this section or any traffic-related homicide, manslaughter or assault offense. (2) Whoever violates subsection (a)(4) of this section is guilty of vehicular manslaughter. Except as otherwise provided in this subsection, vehicular manslaughter is a misdemeanor of the second degree. Vehicular manslaughter is a misdemeanor of the first degree if, at the time of the offense, the offender was driving under a suspension or cancellation imposed under Ohio R.C. Chapter 4510 or any other provision of the Ohio Revised Code or was operating a motor vehicle or motorcycle, did not have a valid driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege, and was not eligible for renewal of the offender’s driver’s license or commercial driver’s license without examination under Ohio R.C. 4507.10 or if the offender previously has been convicted of or pleaded guilty to a violation of this section or any traffic-related homicide, manslaughter, or assault offense. (c) The court shall impose a mandatory jail term of at least fifteen days on an offender who is convicted of or pleads guilty to a violation of subsection (a)(3)B. of this section and may impose upon the offender a longer jail term as authorized pursuant to Section 501.99. (d) Subsection (a)(2)B. and (a)(3)B. do not apply in a particular construction zone unless signs of the type described in Ohio R.C. 2903.081 are erected in that construction zone in accordance with the guidelines and design specifications established by the Director of Transportation under Ohio R.C. 5501.27. The failure to erect signs of the type described in Ohio R.C. 2903.081 in a particular construction zone in accordance with those guidelines and design specifications does not limit or affect the application of subsections (a)(1), (a)(2)A., (a)(3)A., or (a)(4) of this section in that construction zone or the prosecution of any person who violates any of those subsections in that construction zone. (e) As used in this section: (1) “Construction zone” has the same meaning as in Ohio R.C. 5501.27. (2) “Mandatory prison term” and “mandatory jail term” have the same meanings as in Ohio R.C. 2929.01. (3) “Motor vehicle”, “mini-truck” and “utility vehicle” have the same meaning as in Ohio R.C. 4501.01. (4) “OVI offense” means a violation of Ohio R.C. 4511.19(A), a violation of Ohio R.C. 1547.11(A), a violation of Ohio R.C. 4561.15(A)(3), or a substantially equivalent municipal ordinance. (5) “Reckless operation offense” means a violation of Ohio R.C. 4511.20 or a municipal ordinance substantially equivalent to Ohio R.C. 4511.20. (6) “Speeding offense” means a violation of Ohio R.C. 4511.21 or a municipal ordinance pertaining to speed. (7) “Traffic-related homicide, manslaughter or assault offense” means a violation of Ohio R.C. 2903.04 in circumstances in which division (D) of that section applies, a violation of Ohio R.C. 2903.06 or 2903.08, or a violation of Ohio R.C. 2903.06, 2903.07 or 2903.08 as they existed prior to March 23, 2000. (f) For the purposes of this section, when a penalty or suspension is enhanced because of a prior or current violation of a specified law or a prior or current specified offense, the reference to the violation of the specified law or the specified offense includes any violation of any substantially equivalent municipal ordinance, former law of this State, or current or former law of another state or the United States. (ORC 2903.06) (g) The court imposing a sentence upon an offender for any violation of this section also shall impose a 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 division (B) of Ohio R.C. 4510.02 that is equivalent in length to the suspension required for a violation of Ohio R.C. 2903.06 or division (A) or (B) of Ohio R.C. 4511.19 under similar circumstances. (ORC 4510.07) 537.021 VEHICULAR ASSAULT IN A CONSTRUCTION ZONE. (a) No person, while operating or participating in the operation of a motor vehicle, motorcycle, utility vehicle, mini-truck, snowmobile, locomotive, watercraft, or aircraft, shall cause serious physical harm to another person or another’s unborn as the proximate result of committing, while operating or participating in the operation of a motor vehicle, utility vehicle, mini-truck, or motorcycle in a construction zone, a speeding offense. This subsection applies only if the person to whom the serious physical harm is caused or to whose unborn the serious physical harm is caused is in the construction zone at the time of the offender’s commission of the speeding offense in the construction zone and does not apply as described in subsection (d) hereof. (b) Whoever violates this section is guilty of vehicular assault. Except as provided in this subsection, vehicular assault is a misdemeanor of the first degree. Vehicular assault is a felony if, at the time of the offense, the offender was driving under a suspension imposed under Ohio R.C. Chapter 4510, or any other provision of the Ohio Revised Code or if the offender previously has been convicted of or pleaded guilty to a violation of this section or any traffic- related homicide, manslaughter, or assault offense, and shall be prosecuted under appropriate state law. In addition to any other sanctions imposed, the court shall impose upon the offender a class four 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 division (A)(4) of Ohio R.C. 4510.02. (c) The court shall impose a mandatory jail term of at least seven days on an offender who is convicted of or pleads guilty to a violation of this section and may impose upon the offender a longer jail term as authorized pursuant to Section 501.99. (d) This section does not apply in a particular construction zone unless signs of the type described in Ohio R.C. 2903.081 are erected in that construction zone in accordance with the guidelines and design specifications established by the Director of Transportation under Ohio R.C. 5501.27. (e) As used in this section: (1) “Mandatory jail term” has the same meaning as in Ohio R.C. 2929.01. (2) “Traffic-related homicide, manslaughter or assault offense” has the same meaning as in Ohio R.C. 2903.06. (3) “Construction zone” has the same meaning as in Ohio R.C. 5501.27. (4) “Speeding offense” has the same meaning as in Ohio R.C. 2903.06. (f) For the purposes of this section, when a penalty or suspension is enhanced because of a prior or current violation of a specified law or a prior or current specified offense, the reference to the violation of the specified law or the specified offense includes any violation of any substantially equivalent municipal ordinance, former law of this State, or current or former law of another state or the United States. (ORC 2903.08) 537.03 ASSAULT. (a) No person shall knowingly cause or attempt to cause physical harm to another or to another’s unborn. (b) No person shall recklessly cause serious physical harm to another or to another’s unborn. (c) (1) Whoever violates this section is guilty of assault, a misdemeanor of the first degree, and the court shall sentence the offender as provided in subsection (c) hereof. If the assault was committed under the circumstances provided in subsection (c)(2), (3), (4), (5), (6), (7), (8) or (9) hereof, assault is a felony and shall be prosecuted under appropriate State law. (2) Except as otherwise provided in this subsection, if the offense is committed by a caretaker against a functionally impaired person under the caretaker’s care, the assault is a felony and shall be prosecuted under appropriate State law. (3) If the offense occurs in or on the grounds of a State correctional institution or an institution of the Department of Youth Services, the victim of the offense is an employee of the Department of Rehabilitation and Correction or the Department of Youth Services, and the offense is committed by a person incarcerated in the State correctional institution or by a person institutionalized in the Department of Youth Services Institution pursuant to a commitment to the Department of Youth Services. (4) If the offense is committed in any of the following circumstances: A. The offense occurs in or on the grounds of a local correctional facility, the victim of the offense is an employee of the local correctional facility or a probation department or is on the premises of the facility for business purposes or as a visitor, and the offense is committed by a person who is under custody in the facility subsequent to the person’s arrest for any crime or delinquent act, subsequent to the person’s being charged with or convicted of any crime, or subsequent to the person’s being alleged to be or adjudicated a delinquent child. B. The offense occurs off the grounds of a State correctional institution and off the grounds of an institution of the Department of Youth Services, the victim of the offense is an employee of the Department of Rehabilitation and Correction, the Department of Youth Services, or a probation department, the offense occurs during the employee’s official work hours and while the employee is engaged in official work responsibilities, and the offense is committed by a person incarcerated in a State correctional institution or institutionalized in the Department of Youth Services who temporarily is outside of the institution for any purpose, by a parolee, by an offender under transitional control, under a community control sanction, or on an escorted visit, by a person under post-release control, or by an offender under any other type of supervision by a government agency. C. The offense occurs off the grounds of a local correctional facility, the victim of the offense is an employee of the local correctional facility or a probation department, the offense occurs during the employee’s official work hours and while the employee is engaged in official work responsibilities, and the offense is committed by a person who is under custody in the facility subsequent to the person’s arrest for any crime or delinquent act, subsequent to the person being charged with or convicted of any crime, or subsequent to the person being alleged to be or adjudicated a delinquent child and who temporarily is outside of the facility for any purpose or by a parolee, by an offender under transitional control, under a community control sanction, or on an escorted visit, by a person under post-release control, or by an offender under any other type of supervision by a government agency. D. The victim of the offense is a school teacher or administrator or a school bus operator, and the offense occurs in a school, on school premises, in a school building, on a school bus or while the victim is outside of school premises or a school bus and is engaged in duties or official responsibilities associated with the victim’s employment or position as a school teacher or administrator or a school bus operator, including, but not limited to, driving, accompanying, or chaperoning students at or on class or field trips, athletic events, or other school extracurricular activities or functions outside of school premises. (5) If the victim of the offense is a peace officer or an investigator of the Bureau of Criminal Identification and Investigation, a firefighter, or a person performing emergency medical service, while in the performance of their official duties. (6) If the victim of the offense is a peace officer or an investigator of the Bureau of Criminal Identification and Investigation and if the victim suffered serious physical harm as a result of the commission of the offense. (7) If the victim of the offense is an officer or employee of a public children services agency or a private child placing agency and the offense relates to the officer’s or employee’s performance or anticipated performance of official responsibilities or duties. (8) If the victim of the offense is a health care professional of a hospital, a health care worker of a hospital, or a security officer of a hospital whom the offender knows or has reasonable cause to know is a health care professional of a hospital; a health care worker of a hospital, or a security officer of a hospital, if the victim is engaged in the performance of the victim’s duties, and if the hospital offers de-escalation or crisis intervention training for such professionals, workers or officers, assault is one of the following: A. Except as otherwise provided in subsection (c)(8)B. of this section, assault committed in the specified circumstances is a misdemeanor of the first degree. Notwithstanding the fine specified in division (A)(2)(b) of Ohio R.C. 2929.28 for a misdemeanor of the first degree, in sentencing the offender under this subsection and if the court decides to impose a fine, the court may impose upon the offender a fine of not more than five thousand dollars ($5,000). B. If the offender previously has been convicted of or pleaded guilty to one or more assault or homicide offenses committed against hospital personnel, assault committed in the specified circumstances is a felony. (9) If the victim of the offense is a judge, magistrate, prosecutor or court official or employee whom the offender knows or has reasonable cause to know is a judge, magistrate, prosecutor or court official or employee, and if the victim is engaged in the performance of the victim’s duties, assault is one of the following: A. Except as otherwise provided in subsection (c)(9)B. of this section, assault committed in the specified circumstances is a misdemeanor of the first degree. In sentencing the offender under this subsection, if the court decides to impose a fine, notwithstanding the fine specified in division (A)(2)(b) of Ohio R.C. 2929.28 for a misdemeanor of the first degree, the court may impose upon the offender a fine of not more than five thousand dollars ($5,000). B. If the offender previously has been convicted of or pleaded guilty to one or more assault or homicide offenses committed against justice system personnel, assault committed in the specified circumstances is a felony. (10) If an offender who is convicted of or pleads guilty to assault when it is a misdemeanor also is convicted of or pleads guilty to a specification as described in Ohio R.C. 2941.1423 that was included in the indictment, count in the indictment or information charging the offense, the court shall sentence the offender to a mandatory jail term as provided in division (G) of Ohio R.C. 2929.24. (11) A prosecution for a violation of subsections (a) or (b) of this section does not preclude a prosecution for a violation of any other section of the Ohio Revised Code. One or more acts, a series of acts, or a course of behavior that can be prosecuted under subsections (a) or (b) of this section or any other section of the Ohio Revised Code may be prosecuted under subsections (a) or (b) of this section, the other sections of the Ohio Revised Code, or both sections. However, if an offender is convicted of or pleads guilty to a violation of subsections (a) or (b) of this section and also is convicted of or pleads guilty to a violation of Ohio R.C. 2903.22, or any substantially equivalent municipal ordinance, based on the same conduct involving the same victim that was the basis of the violation of subsections (a) or (b) of this section, the offenses are allied offenses of similar import under Ohio R.C. 2941.25. (d) As used in this section: (1) “Peace officer” has the same meaning as in Ohio R.C. 2935.01. (2) “Firefighter” has the same meaning as in Ohio R.C. 3937.41. (3) “Emergency medical service” has the same meaning as in Ohio R.C. 4765.01. (4) “Local correctional facility” means a county, multicounty, municipal, municipal-county or multicounty-municipal jail or workhouse. A minimum security jail established under Ohio R.C. 341.23 or 753.21, or another county, multicounty, municipal, municipal-county, or multicounty- municipal facility used for the custody of persons arrested for any crime or delinquent act, persons charged with or convicted of any crime, or persons alleged to be or adjudicated a delinquent child. (5) “Employee of a local correctional facility” means a person who is an employee of the political subdivision or of one or more of the affiliated political subdivisions that operates the local correctional facility and who operates or assists in the operation of the facility. (6) “School teacher or administrator” means either of the following: A. A person who is employed in the public schools of the State under a contract described in Ohio R.C. 3311.77 or 3319.08 in a position in which the person is required to have a certificate issued pursuant to Ohio R.C. 3319.22 to 3319.311. B. A person who is employed by a nonpublic school for which the Director of Education and Workforce prescribes minimum standards under Ohio R.C. 3301.07 and who is certified in accordance with Ohio R.C. 3301.071. (7) “Community control sanction” has the same meaning as in Ohio R.C. 2929.01. (8) “Escorted visit” means an escorted visit granted under Ohio R.C. 2967.27. (9) “Post-release control” and “transitional control” have the same meanings as in Ohio R.C. 2967.01. (10) “Investigator of the Bureau of Criminal Identification and Investigation” has the same meaning as in Ohio R.C. 2903.11. (11) “Health care professional” and “health care worker” have the same meanings as in Ohio R.C. 2305.234. (12) “Assault or homicide offense committed against hospital personnel” means a violation of this section or Ohio R.C. 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.13 or 2903.14 committed in circumstances in which all of the following apply: A. The victim of the offense was a health care professional of a hospital, a health care worker of a hospital or a security officer of a hospital. B. The offender knew or had reasonable cause to know that the victim was a health care professional of a hospital, a health care worker of a hospital, or a security officer of a hospital; C. The victim was engaged in the performance of the victim’s duties. D. The hospital offered de-escalation or crisis intervention training for such professionals, workers or officers. (13) “De-escalation or crisis intervention training” means de-escalation or crisis intervention training for health care professionals of a hospital, health care workers of a hospital, and security officers of a hospital to facilitate interaction with patients, members of a patient’s family, and visitors, including those with mental impairments. (14) “Assault or homicide offense committed against justice system personnel” means a violation of this section or of Ohio R.C. 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.13 or 2903.14 committed in circumstances in which the victim of the offense was a judge, magistrate, prosecutor, or court official or employee whom the offender knew or had reasonable cause to know was a judge, magistrate, prosecutor, or court official or employee, and the victim was engaged in the performance of the victim’s duties. (15) “Court official or employee” means any official or employee of a court created under the constitution or statutes of this State or of a United States court located in this State. (16) “Judge” means a judge of a court created under the constitution or statutes of this State or of a United States court located in this State. (17) “Magistrate” means an individual who is appointed by a court of record of this State and who has the powers and may perform the functions specified in Civil Rule 53, Criminal Rule 19, or Juvenile Rule 40, or an individual who is appointed by a United States court located in this State who has similar powers and functions. (18) “Prosecutor” has the same meaning as in Ohio R.C. 2935.01. (19) A. “Hospital” means, subject to subsection (d)(19)B. of this section, an institution classified as a hospital under Ohio R.C. 3701.01 in which are provided to patients diagnostic, medical, surgical, obstetrical, psychiatric, or rehabilitation care or a hospital operated by a health maintenance organization. B. “Hospital” does not include any of the following: 1. A facility licensed under Ohio R.C. Chapter 3721, a health care facility operated by the Department of Mental Health or the Department of Developmental Disabilities, a health maintenance organization that does not operate a hospital, or the office of any private, licensed health care professional, whether organized for individual or group practice; 2. An institution for the sick that is operated exclusively for patients who use spiritual means for healing and for whom the acceptance of medical care is inconsistent with their religious beliefs, accredited by a national accrediting organization, exempt from federal income taxation under Section 501 of the “Internal Revenue Code of 1986", 100 Stat. 2085, 26 U.S.C. 1, as amended, and providing twenty-four-hour nursing care pursuant to the exemption in division (E) of Ohio R.C. 4723.32 from the licensing requirements of Ohio R.C. Chapter 4723. (20) “Health maintenance organization” has the same meaning as in Ohio R.C. 3727.01. (21) “Emergency service responder” means any law enforcement officer, first responder, emergency medical technician-basic, emergency medical technician-intermediate, emergency medical technician-paramedic, firefighter, or volunteer firefighter. (22) “Family or household member” means any of the following: A. Any of the following who is residing or has resided with a person who is employed as an emergency service responder: 1. A spouse, a person living as a spouse, or a former spouse of a person who is employed as an emergency service responder; 2. A parent, a foster parent, or a child of a person who is employed as an emergency service responder, or another person related by consanguinity or affinity to a person who is employed as an emergency service responder; 3. A parent or a child of a spouse, person living as a spouse, or former spouse of a person who is employed as an emergency service responder, or another person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of a person who is employed as an emergency service responder. B. The natural parent of any child of whom a person who is employed as an emergency service responder is the other natural parent or is the putative other natural parent. (23) “First responder”, “emergency medical technician-basic”, “emergency medical technician-intermediate” and “emergency medical technician-paramedic” have the same meanings as in Ohio R.C. 4765.01. (24) “Volunteer firefighter” has the same meaning as in Ohio R.C. 146.01. (25) “Person living as a spouse” means a person who is living or has lived with a person who is employed as an emergency service responder in a common law marital relationship, who otherwise is cohabiting with a person who is employed as an emergency service responder, or who otherwise has cohabited with a person who is employed as an emergency service responder within five years prior to the date of the alleged commission of the act in question. (26) “Co-worker” means a person who is employed by the organization or entity that is served by a person who is employed as an emergency service responder. (ORC 2903.13) 537.04 NEGLIGENT ASSAULT. (a) No person shall negligently, by means of a deadly weapon or dangerous ordnance as defined in Section 549.01 cause physical harm to another or to another’s unborn. (b) Whoever violates this section is guilty of negligent assault, a misdemeanor of the third degree. (ORC 2903.14) 537.05 AGGRAVATED MENACING. (a) No person shall knowingly cause another to believe that the offender will cause serious physical harm to the person or property of the other person, the other person’s unborn, or a member of the other person’s immediate family. In addition to any other basis for the other person’s belief that the offender will cause serious physical harm to the person or property of the other person, the other person’s unborn, or a member of the other person’s immediate family, the other person’s belief may be based on words or conduct of the offender that are directed at or identify a corporation, association or other organization that employs the other person or to which the other person belongs. (b) Whoever violates this section is guilty of aggravated menacing. Except as otherwise provided in this subsection (b), aggravated menacing is a misdemeanor of the first degree. If the victim of the offense is an officer or employee of a public children services agency or a private child placing agency and the offense relates to the officer’s or employee’s performance or anticipated performance of official responsibilities or duties, or, if the offender previously has been convicted of or pleaded guilty to an offense of violence, the victim of that prior offense was an officer or employee of a public children services agency or private child placing agency, and that prior offense related to the officer’s or employee’s performance or anticipated performance of official responsibilities or duties, aggravated menacing is a felony and shall be prosecuted under appropriate State law. (c) As used in this section, “organization” includes an entity that is a governmental employer. (ORC 2903.21) 537.051 MENACING BY STALKING. (a) (1) No person by engaging in a pattern of conduct shall knowingly cause another person to believe that the offender will cause physical harm to the other person or a family or household member of the other person or cause mental distress to the other person or a family or household member of the other person. In addition to any other basis for the other person’s belief that the offender will cause physical harm to the other person or the other person’s family or household member or mental distress to the other person or the other person’s family or household member, the other person’s belief or mental distress may be based on words or conduct of the offender that are directed at or identify a corporation, association or other organization that employs the other person or to which the other person belongs. (2) No person, through the use of any form of written communication or any electronic method of remotely transferring information, including, but not limited to, any computer, computer network, computer program, computer system or telecommunication device shall post a message or use any intentionally written or verbal graphic gesture with purpose to do either of the following: A. Violate subsection (a)(1) of this section; B. Urge or incite another to commit a violation of subsection (a)(1) of this section. (3) No person, with sexual motivation, shall violate subsection (a)(1) or (2) of this section. (b) Whoever violates this section is guilty of menacing by stalking. (1) Except as otherwise provided in subsections (b)(2) and (3) of this section, menacing by stalking is a misdemeanor of the first degree. (2) Menacing by stalking is a felony and shall be prosecuted under appropriate State law if any of the following applies: A. The offender previously has been convicted of or pleaded guilty to a violation of this section or a violation of Section 541.051. B. In committing the offense under subsection (a)(1), (2), or (3) of this section, the offender made a threat of physical harm to or against the victim, or as a result of an offense committed under subsection (a)(2) or (3) of this section, a third person induced by the offender’s posted message made a threat of physical harm to or against the victim. C. In committing the offense under subsection (a)(1), (2), or (3) of this section, the offender trespassed on the land or premises where the victim lives, is employed, or attends school, or as a result of an offense committed under subsection (a)(2) or (3) of this section, a third person induced by the offender’s posted message trespassed on the land or premises where the victim lives, is employed, or attends school. D. The victim of the offense is a minor. E. The offender has a history of violence toward the victim or any other person or a history of other violent acts toward the victim or any other person. F. While committing the offense under subsection (a)(1) of this section or a violation of subsection (a)(3) of this section is based on conduct in violation of subsection (a)(1) of this section, the offender had a deadly weapon on or about the offender’s person or under the offender’s control. Subsection (b)(2)F. of this section does not apply in determining the penalty for a violation of subsection (a)(2) of this section or a violation of subsection (a)(3) of this section based on conduct in violation of subsection (a)(1) of this section. G. At the time of the commission of the offense, the offender was the subject of a protection order issued under Ohio R.C. 2903.213 or 2903.214, regardless of whether the person to be protected under the order is the victim of the offense or another person. H. In committing the offense under subsection (a)(1), (2), or (3) of this section, the offender caused serious physical harm to the premises at which the victim resides, to the real property on which that premises is located, or to any personal property located on that premises, or as a result of an offense committed under subsection (a)(2) of this section, or an offense committed under subsection (a)(3) of this section based on a violation of subsection (a)(2) of this section, a third person induced by the offender’s posted message caused serious physical harm to that premises, that real property, or any personal property on that premises. I. Prior to committing the offense, the offender had been determined to represent a substantial risk of physical harm to others as manifested by evidence of then-recent homicidal or other violent behavior, evidence of then-recent threats that placed another in reasonable fear of violent behavior and serious physical harm, or other evidence of then-present dangerousness. (3) If the victim of the offense is an officer or employee of a public children services agency or a private child placing agency and the offense relates to the officer’s or employee’s performance or anticipated performance of official responsibilities or duties, or, if the offender previously has been convicted of or pleaded guilty to an offense of violence, the victim of that prior offense was an officer or employee of a public children services agency or private child placing agency, and that prior offense related to the officer’s or employee’s performance or anticipated performance of official responsibilities, or duties, menacing by stalking is a felony and shall be prosecuted under appropriate State law. (c) Ohio R.C. 2919.271 applies in relation to a defendant charged with a violation of this section. (d) As used in this section: (1) “Pattern of conduct” means two or more actions or incidents closely related in time, whether or not there has been a prior conviction based on any of those actions or incidents, or two or more actions or incidents closely related in time, whether or not there has been a prior conviction based on any of those actions or incidents, directed at one or more persons employed by or belonging to the same corporation, association, or other organization. Actions or incidents that prevent, obstruct, or delay the performance by a public official, firefighter, rescuer, emergency medical services person, or emergency facility person of any authorized act within the public official’s, firefighter’s, rescuer’s, emergency medical services person’s, or emergency facility person’s official capacity, or the posting of messages, use of intentionally written or verbal graphic gestures, or receipt of information or data through the use of any form of written communication or an electronic method of remotely transferring information, including, but not limited to, a computer, computer network, computer program, computer system, or telecommunications device, may constitute a “pattern of conduct”. (2) “Mental distress” means any of the following: A. Any mental illness or condition that involves some temporary substantial incapacity; B. Any mental illness or condition that would normally require psychiatric treatment, psychological treatment, or other mental health services, whether or not any person requested or received psychiatric treatment, psychological treatment, or other mental health services. (3) “Emergency medical services person” is the singular of “emergency medical services personnel” as defined in Ohio R.C. 2133.21. (4) “Emergency facility person” is the singular of “emergency facility personnel” as defined in Ohio R.C. 2909.04. (5) “Public official” has the same meaning as in Ohio R.C. 2921.01. (6) “Computer”, “computer network”, “computer program”, “computer system” and “telecommunications device” have the same meanings as in Ohio R.C. 2913.01. (7) “Post a message” means transferring, sending, posting, publishing, disseminating or otherwise communicating, or attempting to transfer, send, post, publish, disseminate or otherwise communication, any message or information, whether truthful or untruthful, about an individual, and whether done under one’s own name, under the name of another, or while impersonating another. (8) “Third person” means, in relation to conduct as described in subsection (a)(2) of this section, an individual who is neither the offender nor the victim of the conduct. (9) “Sexual motivation” has the same meaning as in Ohio R.C. 2971.01. (10) “Organization” includes an entity that is a governmental employer. (11) “Family or household member” means any of the following: A. Any of the following who is residing or has resided with the person against whom the act prohibited in subsection (a)(1) of this section is committed: 1. A spouse, a person living as a spouse, or a former spouse of the person; 2. A parent, a foster parent, or a child of the person, or another person related by consanguinity or affinity to the person; 3. A parent or a child of a spouse, person living as a spouse, or former spouse of the person, or another person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of the person. B. The natural parent of any child of whom the person against whom the act prohibited in subsection (a)(1) of this section is committed is the other natural parent or is the putative other natural parent. (12) “Person living as a spouse” means a person who is living or has lived with the person against whom the act prohibited in subsection (a)(1) of this section is committed in a common law marital relationship, who otherwise is cohabiting with that person, or who otherwise has cohabited with the person within five years prior to the date of the alleged commission of the act in question. (e) The Municipality does not need to prove in a prosecution under this section that a person requested or received psychiatric treatment, psychological treatment, or other mental health services in order to show that the person was caused mental distress as described in subsection (d)(2)B. of this section. (f) (1) This section does not apply to a person solely because the person provided access or connection to or from an electronic method of remotely transferring information not under that person’s control, including having provided capabilities that are incidental to providing access or connection to or from the electronic method of remotely transferring the information, and that do not include the creation of the content of the material that is the subject of the access or connection. In addition, any person providing access or connection to or from an electronic method of remotely transferring information not under that person’s control shall not be liable for any action voluntarily taken in good faith to block the receipt or transmission through its service of any information that it believes is, or will be sent, in violation of this section. (2) Subsection (f)(1) of this section does not create an affirmative duty for any person providing access or connection to or from an electronic method of remotely transferring information not under that person’s control to block the receipt or transmission through its service of any information that it believes is, or will be sent, in violation of this section except as otherwise provided by law. (3) Subsection (f)(1) of this section does not apply to a person who conspires with a person actively involved in the creation or knowing distribution of material in violation of this section or who knowingly advertises the availability of material of that nature. (ORC 2903.211) Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588. Hosted by: American Legal Publishing Back to Code Library Previous Doc Next Doc 0 items available --- ## Detected legislative history - Ordinances of Sheffield Lake, OH - ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO - ORDINANCE NO. 116-84 - ORDINANCES OF SHEFFIELD LAKE - orderly Conduct and Peace Disturbance - ORDER - ordinance that, regardless of the penalty set by ordinance for the violation, is substantially equivalent to any provision of any section contained in Title XLV of the Ohio Revised Code that - ordance with the guidelines and design specifications established by the Director of Transportation under Ohio R - ordance with those guidelines and design specifications does not limit or affect the application of subsections (a)(1), (a)(2)A - ordinance. (5) “Reckless operation offense” means a violation of Ohio R - ordinance substantially equivalent to Ohio R - ordinance pertaining to speed - ordinance, former law of this State, or current or former law of another state or the United States - ordinance, based on the same conduct involving the same victim that was the basis of the violation of subsections (a) or (b) of this section, the offenses are allied offenses of similar imp - ordance with Ohio R - ord of this State and who has the powers and may perform the functions specified in Civil Rule 53, Criminal Rule 19, or Juvenile Rule 40, or an individual who is appointed by a United - amended, and providing twenty-four-hour nursing care pursuant to the exemption in division (E) of Ohio R - ordnance as defined in Section 549 - ords or conduct of the offender that are directed at or identify a corporation, association or other organization that employs the other person or to which the other person belongs - order issued under Ohio R - order is the victim of the offense or another person - order to show that the person was caused mental distress as described in subsection (d)(2)B - Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality - Ordinances should be consulted prior to any action being taken - Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588 --- *Imported automatically by MunicipalWiki. The original publisher remains the authoritative source pending legal normalization and verification.* # 537.04 NEGLIGENT ASSAULT. # 537.04 NEGLIGENT ASSAULT.
Document typesection
Identifier537.04
Citation§ 537.04
Ordinances detectedS, 116-84, ER, INANCE, NANCE
Dates detectedMarch 23, 2000
Original source[American Legal Publishing](https://codelibrary.amlegal.com/codes/sheffieldlake/latest/sheffieldlake_oh/0-0-0-11694)
Content hash`a9cb15c748b5eb36d42a78aea6c3953c3dbf5d026691ff9a21507014fa56b7b6`
--- Skip to main content Search Sitemap Login Select Language Resources Skip to code content (skip section selection) 2025-04 (current) Sheffield Lake Overview Codified Ordinances of Sheffield Lake, OH CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO CERTIFICATION ROSTER OF OFFICIALS ADOPTING ORDINANCE NO. 116-84 COMPARATIVE SECTION TABLE TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE CHARTER PART ONE - ADMINISTRATIVE CODE PART THREE - TRAFFIC CODE PART FIVE - GENERAL OFFENSES CODE CHAPTER 501 General Provisions and Penalty CHAPTER 505 Animals and Fowl CHAPTER 509 Disorderly Conduct and Peace Disturbance CHAPTER 513 Drug Abuse Control CHAPTER 517 Gambling CHAPTER 521 Health, Safety and Sanitation CHAPTER 525 Law Enforcement and Public Office CHAPTER 529 Liquor Control CHAPTER 531 Noise Control CHAPTER 533 Obscenity and Sex Offenses CHAPTER 537 Offenses Against Persons 537.01 NEGLIGENT HOMICIDE. 537.02 VEHICULAR HOMICIDE AND MANSLAUGHTER. 537.021 VEHICULAR ASSAULT IN A CONSTRUCTION ZONE. 537.03 ASSAULT. 537.04 NEGLIGENT ASSAULT. 537.05 AGGRAVATED MENACING. 537.051 MENACING BY STALKING. 537.06 MENACING. 537.07 ENDANGERING CHILDREN. 537.08 UNLAWFUL RESTRAINT. 537.09 COERCION. 537.10 TELECOMMUNICATION HARASSMENT. 537.11 THREATENING OR HARASSING TELEPHONE CALLS. 537.12 MISUSE OF 9-1-1 SYSTEM. 537.13 ADULTERATING OF OR FURNISHING ADULTERATED FOOD OR CONFECTION. 537.14 DOMESTIC VIOLENCE. 537.15 ANNOYING BUILDING OCCUPANTS. 537.16 MOLESTING OR INSULTING PERSONS. 537.17 TEMPORARY PROTECTION ORDER. 537.18 ILLEGAL DISTRIBUTION OF CIGARETTES, OTHER TOBACCO PRODUCTS, OR ALTERNATE NICOTINE PRODUCTS; TRANSACTION SCANS. 537.19 RESERVED. 537.20 CONTRIBUTING TO UNRULINESS OR DELINQUENCY OF A CHILD. 537.21 HAZING PROHIBITED. 537.22 ILLEGAL USE OF A TRACKING DEVICE OR APPLICATION. 537.99 PENALTY. CHAPTER 541 Property Offenses CHAPTER 545 Theft and Fraud CHAPTER 549 Weapons and Explosives CHAPTER 553 Railroads CHAPTER 557 Watercraft CHAPTER 561 Weeds and Grass PART SEVEN - BUSINESS REGULATION CODE PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE PART ELEVEN - PLANNING AND ZONING CODE PART THIRTEEN - BUILDING CODE PART FIFTEEN - FIRE PREVENTION CODE OH Sheffield Lake Codified Ordinances of Sheffield Lake, OH 537.04 NEGLIGENT ASSAULT. CHAPTER 537 Offenses Against Persons 537.03 ASSAULT. (a) No person shall knowingly cause or attempt to cause physical harm to another or to another’s unborn. (b) No person shall recklessly cause serious physical harm to another or to another’s unborn. (c) (1) Whoever violates this section is guilty of assault, a misdemeanor of the first degree, and the court shall sentence the offender as provided in subsection (c) hereof. If the assault was committed under the circumstances provided in subsection (c)(2), (3), (4), (5), (6), (7), (8) or (9) hereof, assault is a felony and shall be prosecuted under appropriate State law. (2) Except as otherwise provided in this subsection, if the offense is committed by a caretaker against a functionally impaired person under the caretaker’s care, the assault is a felony and shall be prosecuted under appropriate State law. (3) If the offense occurs in or on the grounds of a State correctional institution or an institution of the Department of Youth Services, the victim of the offense is an employee of the Department of Rehabilitation and Correction or the Department of Youth Services, and the offense is committed by a person incarcerated in the State correctional institution or by a person institutionalized in the Department of Youth Services Institution pursuant to a commitment to the Department of Youth Services. (4) If the offense is committed in any of the following circumstances: A. The offense occurs in or on the grounds of a local correctional facility, the victim of the offense is an employee of the local correctional facility or a probation department or is on the premises of the facility for business purposes or as a visitor, and the offense is committed by a person who is under custody in the facility subsequent to the person’s arrest for any crime or delinquent act, subsequent to the person’s being charged with or convicted of any crime, or subsequent to the person’s being alleged to be or adjudicated a delinquent child. B. The offense occurs off the grounds of a State correctional institution and off the grounds of an institution of the Department of Youth Services, the victim of the offense is an employee of the Department of Rehabilitation and Correction, the Department of Youth Services, or a probation department, the offense occurs during the employee’s official work hours and while the employee is engaged in official work responsibilities, and the offense is committed by a person incarcerated in a State correctional institution or institutionalized in the Department of Youth Services who temporarily is outside of the institution for any purpose, by a parolee, by an offender under transitional control, under a community control sanction, or on an escorted visit, by a person under post-release control, or by an offender under any other type of supervision by a government agency. C. The offense occurs off the grounds of a local correctional facility, the victim of the offense is an employee of the local correctional facility or a probation department, the offense occurs during the employee’s official work hours and while the employee is engaged in official work responsibilities, and the offense is committed by a person who is under custody in the facility subsequent to the person’s arrest for any crime or delinquent act, subsequent to the person being charged with or convicted of any crime, or subsequent to the person being alleged to be or adjudicated a delinquent child and who temporarily is outside of the facility for any purpose or by a parolee, by an offender under transitional control, under a community control sanction, or on an escorted visit, by a person under post-release control, or by an offender under any other type of supervision by a government agency. D. The victim of the offense is a school teacher or administrator or a school bus operator, and the offense occurs in a school, on school premises, in a school building, on a school bus or while the victim is outside of school premises or a school bus and is engaged in duties or official responsibilities associated with the victim’s employment or position as a school teacher or administrator or a school bus operator, including, but not limited to, driving, accompanying, or chaperoning students at or on class or field trips, athletic events, or other school extracurricular activities or functions outside of school premises. (5) If the victim of the offense is a peace officer or an investigator of the Bureau of Criminal Identification and Investigation, a firefighter, or a person performing emergency medical service, while in the performance of their official duties. (6) If the victim of the offense is a peace officer or an investigator of the Bureau of Criminal Identification and Investigation and if the victim suffered serious physical harm as a result of the commission of the offense. (7) If the victim of the offense is an officer or employee of a public children services agency or a private child placing agency and the offense relates to the officer’s or employee’s performance or anticipated performance of official responsibilities or duties. (8) If the victim of the offense is a health care professional of a hospital, a health care worker of a hospital, or a security officer of a hospital whom the offender knows or has reasonable cause to know is a health care professional of a hospital; a health care worker of a hospital, or a security officer of a hospital, if the victim is engaged in the performance of the victim’s duties, and if the hospital offers de-escalation or crisis intervention training for such professionals, workers or officers, assault is one of the following: A. Except as otherwise provided in subsection (c)(8)B. of this section, assault committed in the specified circumstances is a misdemeanor of the first degree. Notwithstanding the fine specified in division (A)(2)(b) of Ohio R.C. 2929.28 for a misdemeanor of the first degree, in sentencing the offender under this subsection and if the court decides to impose a fine, the court may impose upon the offender a fine of not more than five thousand dollars ($5,000). B. If the offender previously has been convicted of or pleaded guilty to one or more assault or homicide offenses committed against hospital personnel, assault committed in the specified circumstances is a felony. (9) If the victim of the offense is a judge, magistrate, prosecutor or court official or employee whom the offender knows or has reasonable cause to know is a judge, magistrate, prosecutor or court official or employee, and if the victim is engaged in the performance of the victim’s duties, assault is one of the following: A. Except as otherwise provided in subsection (c)(9)B. of this section, assault committed in the specified circumstances is a misdemeanor of the first degree. In sentencing the offender under this subsection, if the court decides to impose a fine, notwithstanding the fine specified in division (A)(2)(b) of Ohio R.C. 2929.28 for a misdemeanor of the first degree, the court may impose upon the offender a fine of not more than five thousand dollars ($5,000). B. If the offender previously has been convicted of or pleaded guilty to one or more assault or homicide offenses committed against justice system personnel, assault committed in the specified circumstances is a felony. (10) If an offender who is convicted of or pleads guilty to assault when it is a misdemeanor also is convicted of or pleads guilty to a specification as described in Ohio R.C. 2941.1423 that was included in the indictment, count in the indictment or information charging the offense, the court shall sentence the offender to a mandatory jail term as provided in division (G) of Ohio R.C. 2929.24. (11) A prosecution for a violation of subsections (a) or (b) of this section does not preclude a prosecution for a violation of any other section of the Ohio Revised Code. One or more acts, a series of acts, or a course of behavior that can be prosecuted under subsections (a) or (b) of this section or any other section of the Ohio Revised Code may be prosecuted under subsections (a) or (b) of this section, the other sections of the Ohio Revised Code, or both sections. However, if an offender is convicted of or pleads guilty to a violation of subsections (a) or (b) of this section and also is convicted of or pleads guilty to a violation of Ohio R.C. 2903.22, or any substantially equivalent municipal ordinance, based on the same conduct involving the same victim that was the basis of the violation of subsections (a) or (b) of this section, the offenses are allied offenses of similar import under Ohio R.C. 2941.25. (d) As used in this section: (1) “Peace officer” has the same meaning as in Ohio R.C. 2935.01. (2) “Firefighter” has the same meaning as in Ohio R.C. 3937.41. (3) “Emergency medical service” has the same meaning as in Ohio R.C. 4765.01. (4) “Local correctional facility” means a county, multicounty, municipal, municipal-county or multicounty-municipal jail or workhouse. A minimum security jail established under Ohio R.C. 341.23 or 753.21, or another county, multicounty, municipal, municipal-county, or multicounty- municipal facility used for the custody of persons arrested for any crime or delinquent act, persons charged with or convicted of any crime, or persons alleged to be or adjudicated a delinquent child. (5) “Employee of a local correctional facility” means a person who is an employee of the political subdivision or of one or more of the affiliated political subdivisions that operates the local correctional facility and who operates or assists in the operation of the facility. (6) “School teacher or administrator” means either of the following: A. A person who is employed in the public schools of the State under a contract described in Ohio R.C. 3311.77 or 3319.08 in a position in which the person is required to have a certificate issued pursuant to Ohio R.C. 3319.22 to 3319.311. B. A person who is employed by a nonpublic school for which the Director of Education and Workforce prescribes minimum standards under Ohio R.C. 3301.07 and who is certified in accordance with Ohio R.C. 3301.071. (7) “Community control sanction” has the same meaning as in Ohio R.C. 2929.01. (8) “Escorted visit” means an escorted visit granted under Ohio R.C. 2967.27. (9) “Post-release control” and “transitional control” have the same meanings as in Ohio R.C. 2967.01. (10) “Investigator of the Bureau of Criminal Identification and Investigation” has the same meaning as in Ohio R.C. 2903.11. (11) “Health care professional” and “health care worker” have the same meanings as in Ohio R.C. 2305.234. (12) “Assault or homicide offense committed against hospital personnel” means a violation of this section or Ohio R.C. 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.13 or 2903.14 committed in circumstances in which all of the following apply: A. The victim of the offense was a health care professional of a hospital, a health care worker of a hospital or a security officer of a hospital. B. The offender knew or had reasonable cause to know that the victim was a health care professional of a hospital, a health care worker of a hospital, or a security officer of a hospital; C. The victim was engaged in the performance of the victim’s duties. D. The hospital offered de-escalation or crisis intervention training for such professionals, workers or officers. (13) “De-escalation or crisis intervention training” means de-escalation or crisis intervention training for health care professionals of a hospital, health care workers of a hospital, and security officers of a hospital to facilitate interaction with patients, members of a patient’s family, and visitors, including those with mental impairments. (14) “Assault or homicide offense committed against justice system personnel” means a violation of this section or of Ohio R.C. 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.13 or 2903.14 committed in circumstances in which the victim of the offense was a judge, magistrate, prosecutor, or court official or employee whom the offender knew or had reasonable cause to know was a judge, magistrate, prosecutor, or court official or employee, and the victim was engaged in the performance of the victim’s duties. (15) “Court official or employee” means any official or employee of a court created under the constitution or statutes of this State or of a United States court located in this State. (16) “Judge” means a judge of a court created under the constitution or statutes of this State or of a United States court located in this State. (17) “Magistrate” means an individual who is appointed by a court of record of this State and who has the powers and may perform the functions specified in Civil Rule 53, Criminal Rule 19, or Juvenile Rule 40, or an individual who is appointed by a United States court located in this State who has similar powers and functions. (18) “Prosecutor” has the same meaning as in Ohio R.C. 2935.01. (19) A. “Hospital” means, subject to subsection (d)(19)B. of this section, an institution classified as a hospital under Ohio R.C. 3701.01 in which are provided to patients diagnostic, medical, surgical, obstetrical, psychiatric, or rehabilitation care or a hospital operated by a health maintenance organization. B. “Hospital” does not include any of the following: 1. A facility licensed under Ohio R.C. Chapter 3721, a health care facility operated by the Department of Mental Health or the Department of Developmental Disabilities, a health maintenance organization that does not operate a hospital, or the office of any private, licensed health care professional, whether organized for individual or group practice; 2. An institution for the sick that is operated exclusively for patients who use spiritual means for healing and for whom the acceptance of medical care is inconsistent with their religious beliefs, accredited by a national accrediting organization, exempt from federal income taxation under Section 501 of the “Internal Revenue Code of 1986", 100 Stat. 2085, 26 U.S.C. 1, as amended, and providing twenty-four-hour nursing care pursuant to the exemption in division (E) of Ohio R.C. 4723.32 from the licensing requirements of Ohio R.C. Chapter 4723. (20) “Health maintenance organization” has the same meaning as in Ohio R.C. 3727.01. (21) “Emergency service responder” means any law enforcement officer, first responder, emergency medical technician-basic, emergency medical technician-intermediate, emergency medical technician-paramedic, firefighter, or volunteer firefighter. (22) “Family or household member” means any of the following: A. Any of the following who is residing or has resided with a person who is employed as an emergency service responder: 1. A spouse, a person living as a spouse, or a former spouse of a person who is employed as an emergency service responder; 2. A parent, a foster parent, or a child of a person who is employed as an emergency service responder, or another person related by consanguinity or affinity to a person who is employed as an emergency service responder; 3. A parent or a child of a spouse, person living as a spouse, or former spouse of a person who is employed as an emergency service responder, or another person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of a person who is employed as an emergency service responder. B. The natural parent of any child of whom a person who is employed as an emergency service responder is the other natural parent or is the putative other natural parent. (23) “First responder”, “emergency medical technician-basic”, “emergency medical technician-intermediate” and “emergency medical technician-paramedic” have the same meanings as in Ohio R.C. 4765.01. (24) “Volunteer firefighter” has the same meaning as in Ohio R.C. 146.01. (25) “Person living as a spouse” means a person who is living or has lived with a person who is employed as an emergency service responder in a common law marital relationship, who otherwise is cohabiting with a person who is employed as an emergency service responder, or who otherwise has cohabited with a person who is employed as an emergency service responder within five years prior to the date of the alleged commission of the act in question. (26) “Co-worker” means a person who is employed by the organization or entity that is served by a person who is employed as an emergency service responder. (ORC 2903.13) 537.04 NEGLIGENT ASSAULT. (a) No person shall negligently, by means of a deadly weapon or dangerous ordnance as defined in Section 549.01 cause physical harm to another or to another’s unborn. (b) Whoever violates this section is guilty of negligent assault, a misdemeanor of the third degree. (ORC 2903.14) 537.05 AGGRAVATED MENACING. (a) No person shall knowingly cause another to believe that the offender will cause serious physical harm to the person or property of the other person, the other person’s unborn, or a member of the other person’s immediate family. In addition to any other basis for the other person’s belief that the offender will cause serious physical harm to the person or property of the other person, the other person’s unborn, or a member of the other person’s immediate family, the other person’s belief may be based on words or conduct of the offender that are directed at or identify a corporation, association or other organization that employs the other person or to which the other person belongs. (b) Whoever violates this section is guilty of aggravated menacing. Except as otherwise provided in this subsection (b), aggravated menacing is a misdemeanor of the first degree. If the victim of the offense is an officer or employee of a public children services agency or a private child placing agency and the offense relates to the officer’s or employee’s performance or anticipated performance of official responsibilities or duties, or, if the offender previously has been convicted of or pleaded guilty to an offense of violence, the victim of that prior offense was an officer or employee of a public children services agency or private child placing agency, and that prior offense related to the officer’s or employee’s performance or anticipated performance of official responsibilities or duties, aggravated menacing is a felony and shall be prosecuted under appropriate State law. (c) As used in this section, “organization” includes an entity that is a governmental employer. (ORC 2903.21) 537.051 MENACING BY STALKING. (a) (1) No person by engaging in a pattern of conduct shall knowingly cause another person to believe that the offender will cause physical harm to the other person or a family or household member of the other person or cause mental distress to the other person or a family or household member of the other person. In addition to any other basis for the other person’s belief that the offender will cause physical harm to the other person or the other person’s family or household member or mental distress to the other person or the other person’s family or household member, the other person’s belief or mental distress may be based on words or conduct of the offender that are directed at or identify a corporation, association or other organization that employs the other person or to which the other person belongs. (2) No person, through the use of any form of written communication or any electronic method of remotely transferring information, including, but not limited to, any computer, computer network, computer program, computer system or telecommunication device shall post a message or use any intentionally written or verbal graphic gesture with purpose to do either of the following: A. Violate subsection (a)(1) of this section; B. Urge or incite another to commit a violation of subsection (a)(1) of this section. (3) No person, with sexual motivation, shall violate subsection (a)(1) or (2) of this section. (b) Whoever violates this section is guilty of menacing by stalking. (1) Except as otherwise provided in subsections (b)(2) and (3) of this section, menacing by stalking is a misdemeanor of the first degree. (2) Menacing by stalking is a felony and shall be prosecuted under appropriate State law if any of the following applies: A. The offender previously has been convicted of or pleaded guilty to a violation of this section or a violation of Section 541.051. B. In committing the offense under subsection (a)(1), (2), or (3) of this section, the offender made a threat of physical harm to or against the victim, or as a result of an offense committed under subsection (a)(2) or (3) of this section, a third person induced by the offender’s posted message made a threat of physical harm to or against the victim. C. In committing the offense under subsection (a)(1), (2), or (3) of this section, the offender trespassed on the land or premises where the victim lives, is employed, or attends school, or as a result of an offense committed under subsection (a)(2) or (3) of this section, a third person induced by the offender’s posted message trespassed on the land or premises where the victim lives, is employed, or attends school. D. The victim of the offense is a minor. E. The offender has a history of violence toward the victim or any other person or a history of other violent acts toward the victim or any other person. F. While committing the offense under subsection (a)(1) of this section or a violation of subsection (a)(3) of this section is based on conduct in violation of subsection (a)(1) of this section, the offender had a deadly weapon on or about the offender’s person or under the offender’s control. Subsection (b)(2)F. of this section does not apply in determining the penalty for a violation of subsection (a)(2) of this section or a violation of subsection (a)(3) of this section based on conduct in violation of subsection (a)(1) of this section. G. At the time of the commission of the offense, the offender was the subject of a protection order issued under Ohio R.C. 2903.213 or 2903.214, regardless of whether the person to be protected under the order is the victim of the offense or another person. H. In committing the offense under subsection (a)(1), (2), or (3) of this section, the offender caused serious physical harm to the premises at which the victim resides, to the real property on which that premises is located, or to any personal property located on that premises, or as a result of an offense committed under subsection (a)(2) of this section, or an offense committed under subsection (a)(3) of this section based on a violation of subsection (a)(2) of this section, a third person induced by the offender’s posted message caused serious physical harm to that premises, that real property, or any personal property on that premises. I. Prior to committing the offense, the offender had been determined to represent a substantial risk of physical harm to others as manifested by evidence of then-recent homicidal or other violent behavior, evidence of then-recent threats that placed another in reasonable fear of violent behavior and serious physical harm, or other evidence of then-present dangerousness. (3) If the victim of the offense is an officer or employee of a public children services agency or a private child placing agency and the offense relates to the officer’s or employee’s performance or anticipated performance of official responsibilities or duties, or, if the offender previously has been convicted of or pleaded guilty to an offense of violence, the victim of that prior offense was an officer or employee of a public children services agency or private child placing agency, and that prior offense related to the officer’s or employee’s performance or anticipated performance of official responsibilities, or duties, menacing by stalking is a felony and shall be prosecuted under appropriate State law. (c) Ohio R.C. 2919.271 applies in relation to a defendant charged with a violation of this section. (d) As used in this section: (1) “Pattern of conduct” means two or more actions or incidents closely related in time, whether or not there has been a prior conviction based on any of those actions or incidents, or two or more actions or incidents closely related in time, whether or not there has been a prior conviction based on any of those actions or incidents, directed at one or more persons employed by or belonging to the same corporation, association, or other organization. Actions or incidents that prevent, obstruct, or delay the performance by a public official, firefighter, rescuer, emergency medical services person, or emergency facility person of any authorized act within the public official’s, firefighter’s, rescuer’s, emergency medical services person’s, or emergency facility person’s official capacity, or the posting of messages, use of intentionally written or verbal graphic gestures, or receipt of information or data through the use of any form of written communication or an electronic method of remotely transferring information, including, but not limited to, a computer, computer network, computer program, computer system, or telecommunications device, may constitute a “pattern of conduct”. (2) “Mental distress” means any of the following: A. Any mental illness or condition that involves some temporary substantial incapacity; B. Any mental illness or condition that would normally require psychiatric treatment, psychological treatment, or other mental health services, whether or not any person requested or received psychiatric treatment, psychological treatment, or other mental health services. (3) “Emergency medical services person” is the singular of “emergency medical services personnel” as defined in Ohio R.C. 2133.21. (4) “Emergency facility person” is the singular of “emergency facility personnel” as defined in Ohio R.C. 2909.04. (5) “Public official” has the same meaning as in Ohio R.C. 2921.01. (6) “Computer”, “computer network”, “computer program”, “computer system” and “telecommunications device” have the same meanings as in Ohio R.C. 2913.01. (7) “Post a message” means transferring, sending, posting, publishing, disseminating or otherwise communicating, or attempting to transfer, send, post, publish, disseminate or otherwise communication, any message or information, whether truthful or untruthful, about an individual, and whether done under one’s own name, under the name of another, or while impersonating another. (8) “Third person” means, in relation to conduct as described in subsection (a)(2) of this section, an individual who is neither the offender nor the victim of the conduct. (9) “Sexual motivation” has the same meaning as in Ohio R.C. 2971.01. (10) “Organization” includes an entity that is a governmental employer. (11) “Family or household member” means any of the following: A. Any of the following who is residing or has resided with the person against whom the act prohibited in subsection (a)(1) of this section is committed: 1. A spouse, a person living as a spouse, or a former spouse of the person; 2. A parent, a foster parent, or a child of the person, or another person related by consanguinity or affinity to the person; 3. A parent or a child of a spouse, person living as a spouse, or former spouse of the person, or another person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of the person. B. The natural parent of any child of whom the person against whom the act prohibited in subsection (a)(1) of this section is committed is the other natural parent or is the putative other natural parent. (12) “Person living as a spouse” means a person who is living or has lived with the person against whom the act prohibited in subsection (a)(1) of this section is committed in a common law marital relationship, who otherwise is cohabiting with that person, or who otherwise has cohabited with the person within five years prior to the date of the alleged commission of the act in question. (e) The Municipality does not need to prove in a prosecution under this section that a person requested or received psychiatric treatment, psychological treatment, or other mental health services in order to show that the person was caused mental distress as described in subsection (d)(2)B. of this section. (f) (1) This section does not apply to a person solely because the person provided access or connection to or from an electronic method of remotely transferring information not under that person’s control, including having provided capabilities that are incidental to providing access or connection to or from the electronic method of remotely transferring the information, and that do not include the creation of the content of the material that is the subject of the access or connection. In addition, any person providing access or connection to or from an electronic method of remotely transferring information not under that person’s control shall not be liable for any action voluntarily taken in good faith to block the receipt or transmission through its service of any information that it believes is, or will be sent, in violation of this section. (2) Subsection (f)(1) of this section does not create an affirmative duty for any person providing access or connection to or from an electronic method of remotely transferring information not under that person’s control to block the receipt or transmission through its service of any information that it believes is, or will be sent, in violation of this section except as otherwise provided by law. (3) Subsection (f)(1) of this section does not apply to a person who conspires with a person actively involved in the creation or knowing distribution of material in violation of this section or who knowingly advertises the availability of material of that nature. (ORC 2903.211) 537.06 MENACING. (a) (1) No person shall knowingly cause another to believe that the offender will cause physical harm to the person or property of the other person, the other person’s unborn, or a member of the other person’s immediate family. In addition to any other basis for the other person’s belief that the offender will cause physical harm to the person or property of the other person, the other person’s unborn, or a member of the other person’s immediate family, the other person’s belief may be based on words or conduct of the offender that are directed at or identify a corporation, association or other organization that employs the other person or to which the other person belongs. (2) No person shall knowingly place or attempt to place another in reasonable fear of physical harm or death by displaying a deadly weapon, regardless of whether the deadly weapon displayed is operable or inoperable, if either of the following applies: A. The other person is an emergency service responder, the person knows or reasonably should know that the other person is an emergency service responder, and it is the person’s specific purpose to engage in the specified conduct against an emergency service responder. B. The other person is a family or household member or co-worker of an emergency service responder, the person knows or reasonably should know that the other person is a family or household member or co-worker of an emergency service responder, and it is the person’s specific purpose to engage in the specified conduct against a family or household member or co-worker of an emergency service responder. (b) Whoever violates this section is guilty of menacing. Except as otherwise provided in this division, menacing is a misdemeanor of the fourth degree. If the victim of the offense is an officer or employee of a public children services agency or a private child placing agency and the offense relates to the officer’s or employee’s performance or anticipated performance of official responsibilities or duties or if the victim of the offense is an emergency service responder in the performance of the responder’s official duties, menacing is one of the following: (1) Except as otherwise provided in subsection (a)(2)B. of this section, a misdemeanor of the first degree; (2) If the offender previously has been convicted of or pleaded guilty to an offense of violence, the victim of that prior offense was an officer or employee of a public children services agency or private child placing agency or an emergency service responder, and that prior offense related to the officer’s or employee’s performance or anticipated performance of official responsibilities or duties or to the responder’s performance of the responder’s official duties, a felony to be prosecuted under appropriate state law. (c) A prosecution for a violation of subsection (a) of this section does not preclude a prosecution of a violation of any other section of the Ohio Revised Code. One or more acts, a series of acts, or a course of behavior that can be prosecuted under subsection (a) of this section or any other section of the Ohio Revised Code may be prosecuted under subsection (a) of this section, the other section of the Ohio Revised Code, or both sections. However, if an offender is convicted of or pleads guilty to a violation of subsection (a) of this section and also is convicted of or pleads guilty to a violation of Ohio R.C. 2903.13, or any substantially similar municipal ordinance, based on the same conduct involving the same victim that was the basis of the violation of subsection (a) of this section, the offenses are allied offenses of similar import under Ohio R.C. 2941.25. (d) As used in this section: (1) “Co-worker” has the same meaning as in Ohio R.C. 2903.13. (2) “Emergency service responder” has the same meaning as in Ohio R.C. 2903.13. (3) “Family or household member” have the same meanings as in Ohio R.C. 2903.13. (4) “Organization” includes an entity that is a governmental employer. (ORC 2903.22) 537.07 ENDANGERING CHILDREN. (a) No person, who is the parent, guardian, custodian, person having custody or control, or person in loco parentis of a child under eighteen years of age or a child with a mental or physical disability under twenty-one years of age, shall create a substantial risk to the health or safety of the child, by violating a duty of care, protection or support. It is not a violation of a duty of care, protection or support under this subsection when the parent, guardian, custodian or person having custody or control of a child treats the physical or mental illness or disability of the child by spiritual means through prayer alone, in accordance with the tenets of a recognized religious body. (b) No person shall abuse a child under eighteen years of age or a child with a mental or physical disability under twenty-one years of age. (c) (1) No person shall operate a vehicle in violation of Section 333.01(a) of the Traffic Code when one or more children under eighteen years of age are in the vehicle. Notwithstanding any other provision of law, a person may be convicted at the same trial or proceeding of a violation of subsection (c) hereof and a violation of Section 333.01(a) of the Traffic Code that constitutes the basis of the charge of the violation of subsection (c) hereof. For purposes of Ohio R.C. 4511.191 to 4511.197 and all related provisions of law, a person arrested for a violation of subsection (c) hereof shall be considered to be under arrest for operating a vehicle while under the influence of alcohol, a drug of abuse, or a combination of them or for operating a vehicle with a prohibited concentration of alcohol, a controlled substance, or a metabolite of a controlled substance in the whole blood, blood serum or plasma, breath, or urine. (2) As used in subsection (c) hereof: A. “Controlled substance” has the same meaning as in Ohio R.C. 3719.01. B. "Vehicle" has the same meaning as in Ohio R.C. 4511.01. (d) Whoever violates this section is guilty of endangering children. (1) Whoever violates subsection (a) or (b) hereof is guilty of a misdemeanor of the first degree. If the violation results in serious physical harm to the child involved, or if the offender previously has been convicted of an offense under this section, Ohio R.C. 2919.22 or of any offense involving neglect, abandonment, contributing to the delinquency of or physical abuse of a child, endangering children is a felony and shall be prosecuted under appropriate State law. (2) Whoever violates subsection (c) hereof is guilty of a misdemeanor of the first degree. Endangering children is a felony and shall be prosecuted under appropriate State law if either of the following applies: A. The violation results in serious physical harm to the child involved or the offender previously has been convicted of an offense under Ohio R.C. 2919.22 or any offense involving neglect, abandonment, contributing to the delinquency of, or physical abuse of a child. B. The violation results in serious physical harm to the child involved and the offender previously has been convicted of a violation of Ohio R.C. 2919.22(C) or subsection (c) hereof, Ohio R.C. 2903.06, or 2903.08, Section 2903.07 as it existed prior to March 23, 2000, or Ohio R.C. 2903.04 in a case in which the offender was subject to the sanctions described in division (D) of that section. (3) In addition to any term of imprisonment, fine, or other sentence, penalty, or sanction it imposes upon the offender pursuant to subsection (d)(2) hereof, or pursuant to any other provision of law, the court also may impose upon the offender any of the sanctions provided under Ohio R.C. 2919.22(E)(5)(d). (e) (1) If a person violates subsection (c) hereof and if, at the time of the violation, there were two or more children under eighteen years of age in the motor vehicle involved in the violation, the offender may be convicted of a violation of subsection (c) hereof for each of the children, but the court may sentence the offender for only one of the violations. (2) A. If a person is convicted of or pleads guilty to a violation of subsection (c) hereof but the person is not also convicted of and does not also plead guilty to a separate charge charging the violation of Section 333.01(a) of the Traffic Code that was the basis of the charge of the violation of subsection (c) hereof, both of the following apply: 1. For purposes of the provisions of the Traffic Code penalty that set forth the penalties and sanctions for a violation of Section 333.01(a) of the Traffic Code, the conviction of or plea of guilty to the violation of subsection (c) hereof shall not constitute a violation of Section 333.01(a) of the Traffic Code. 2. For purposes of any provision of law that refers to a conviction of or plea of guilty to a violation of Section 333.01(a) of the Traffic Code and that is not described in subsection (e)(2)A.1. hereof, the conviction of or plea of guilty to the violation of subsection (c) hereof shall constitute a conviction of or plea of guilty to a violation of Section 333.01(a) of the Traffic Code. B. If a person is convicted of or pleads guilty to a violation of subsection (c) hereof and the person also is convicted of or pleads guilty to a separate charge charging the violation of Section 333.01(a) of the Traffic Code that was the basis of the charge of the violation of subsection (c) hereof, the conviction of or plea of guilty to the violation of subsection (c) hereof shall not constitute, for purposes of any provision of law that refers to a conviction of or plea of guilty to a violation of Section 333.01(a) of the Traffic Code, a conviction of or plea of guilty to a violation of Section 333.01(a) of the Traffic Code. (ORC 2919.22) Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588. Hosted by: American Legal Publishing Back to Code Library Previous Doc Next Doc 0 items available --- ## Detected legislative history - Ordinances of Sheffield Lake, OH - ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO - ORDINANCE NO. 116-84 - ORDINANCES OF SHEFFIELD LAKE - orderly Conduct and Peace Disturbance - ORDER - ordinance, based on the same conduct involving the same victim that was the basis of the violation of subsections (a) or (b) of this section, the offenses are allied offenses of similar imp - ordance with Ohio R - ord of this State and who has the powers and may perform the functions specified in Civil Rule 53, Criminal Rule 19, or Juvenile Rule 40, or an individual who is appointed by a United - amended, and providing twenty-four-hour nursing care pursuant to the exemption in division (E) of Ohio R - ordnance as defined in Section 549 - ords or conduct of the offender that are directed at or identify a corporation, association or other organization that employs the other person or to which the other person belongs - order issued under Ohio R - order is the victim of the offense or another person - order to show that the person was caused mental distress as described in subsection (d)(2)B - ordinance, based on the same conduct involving the same victim that was the basis of the violation of subsection (a) of this section, the offenses are allied offenses of similar import unde - ordance with the tenets of a recognized religious body - Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality - Ordinances should be consulted prior to any action being taken - Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588 --- *Imported automatically by MunicipalWiki. The original publisher remains the authoritative source pending legal normalization and verification.* # 537.05 AGGRAVATED MENACING. # 537.05 AGGRAVATED MENACING.
Document typesection
Identifier537.05
Citation§ 537.05
Ordinances detectedS, 116-84, ER, INANCE, NANCE
Dates detectedMarch 23, 2000
Original source[American Legal Publishing](https://codelibrary.amlegal.com/codes/sheffieldlake/latest/sheffieldlake_oh/0-0-0-11699)
Content hash`e9a25acbf4015ce047123e8eb0756ca8b7e15476fcedf5b566acf83336fb0215`
--- Skip to main content Search Sitemap Login Select Language Resources Skip to code content (skip section selection) 2025-04 (current) Sheffield Lake Overview Codified Ordinances of Sheffield Lake, OH CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO CERTIFICATION ROSTER OF OFFICIALS ADOPTING ORDINANCE NO. 116-84 COMPARATIVE SECTION TABLE TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE CHARTER PART ONE - ADMINISTRATIVE CODE PART THREE - TRAFFIC CODE PART FIVE - GENERAL OFFENSES CODE CHAPTER 501 General Provisions and Penalty CHAPTER 505 Animals and Fowl CHAPTER 509 Disorderly Conduct and Peace Disturbance CHAPTER 513 Drug Abuse Control CHAPTER 517 Gambling CHAPTER 521 Health, Safety and Sanitation CHAPTER 525 Law Enforcement and Public Office CHAPTER 529 Liquor Control CHAPTER 531 Noise Control CHAPTER 533 Obscenity and Sex Offenses CHAPTER 537 Offenses Against Persons 537.01 NEGLIGENT HOMICIDE. 537.02 VEHICULAR HOMICIDE AND MANSLAUGHTER. 537.021 VEHICULAR ASSAULT IN A CONSTRUCTION ZONE. 537.03 ASSAULT. 537.04 NEGLIGENT ASSAULT. 537.05 AGGRAVATED MENACING. 537.051 MENACING BY STALKING. 537.06 MENACING. 537.07 ENDANGERING CHILDREN. 537.08 UNLAWFUL RESTRAINT. 537.09 COERCION. 537.10 TELECOMMUNICATION HARASSMENT. 537.11 THREATENING OR HARASSING TELEPHONE CALLS. 537.12 MISUSE OF 9-1-1 SYSTEM. 537.13 ADULTERATING OF OR FURNISHING ADULTERATED FOOD OR CONFECTION. 537.14 DOMESTIC VIOLENCE. 537.15 ANNOYING BUILDING OCCUPANTS. 537.16 MOLESTING OR INSULTING PERSONS. 537.17 TEMPORARY PROTECTION ORDER. 537.18 ILLEGAL DISTRIBUTION OF CIGARETTES, OTHER TOBACCO PRODUCTS, OR ALTERNATE NICOTINE PRODUCTS; TRANSACTION SCANS. 537.19 RESERVED. 537.20 CONTRIBUTING TO UNRULINESS OR DELINQUENCY OF A CHILD. 537.21 HAZING PROHIBITED. 537.22 ILLEGAL USE OF A TRACKING DEVICE OR APPLICATION. 537.99 PENALTY. CHAPTER 541 Property Offenses CHAPTER 545 Theft and Fraud CHAPTER 549 Weapons and Explosives CHAPTER 553 Railroads CHAPTER 557 Watercraft CHAPTER 561 Weeds and Grass PART SEVEN - BUSINESS REGULATION CODE PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE PART ELEVEN - PLANNING AND ZONING CODE PART THIRTEEN - BUILDING CODE PART FIFTEEN - FIRE PREVENTION CODE OH Sheffield Lake Codified Ordinances of Sheffield Lake, OH 537.05 AGGRAVATED MENACING. CHAPTER 537 Offenses Against Persons 537.03 ASSAULT. (a) No person shall knowingly cause or attempt to cause physical harm to another or to another’s unborn. (b) No person shall recklessly cause serious physical harm to another or to another’s unborn. (c) (1) Whoever violates this section is guilty of assault, a misdemeanor of the first degree, and the court shall sentence the offender as provided in subsection (c) hereof. If the assault was committed under the circumstances provided in subsection (c)(2), (3), (4), (5), (6), (7), (8) or (9) hereof, assault is a felony and shall be prosecuted under appropriate State law. (2) Except as otherwise provided in this subsection, if the offense is committed by a caretaker against a functionally impaired person under the caretaker’s care, the assault is a felony and shall be prosecuted under appropriate State law. (3) If the offense occurs in or on the grounds of a State correctional institution or an institution of the Department of Youth Services, the victim of the offense is an employee of the Department of Rehabilitation and Correction or the Department of Youth Services, and the offense is committed by a person incarcerated in the State correctional institution or by a person institutionalized in the Department of Youth Services Institution pursuant to a commitment to the Department of Youth Services. (4) If the offense is committed in any of the following circumstances: A. The offense occurs in or on the grounds of a local correctional facility, the victim of the offense is an employee of the local correctional facility or a probation department or is on the premises of the facility for business purposes or as a visitor, and the offense is committed by a person who is under custody in the facility subsequent to the person’s arrest for any crime or delinquent act, subsequent to the person’s being charged with or convicted of any crime, or subsequent to the person’s being alleged to be or adjudicated a delinquent child. B. The offense occurs off the grounds of a State correctional institution and off the grounds of an institution of the Department of Youth Services, the victim of the offense is an employee of the Department of Rehabilitation and Correction, the Department of Youth Services, or a probation department, the offense occurs during the employee’s official work hours and while the employee is engaged in official work responsibilities, and the offense is committed by a person incarcerated in a State correctional institution or institutionalized in the Department of Youth Services who temporarily is outside of the institution for any purpose, by a parolee, by an offender under transitional control, under a community control sanction, or on an escorted visit, by a person under post-release control, or by an offender under any other type of supervision by a government agency. C. The offense occurs off the grounds of a local correctional facility, the victim of the offense is an employee of the local correctional facility or a probation department, the offense occurs during the employee’s official work hours and while the employee is engaged in official work responsibilities, and the offense is committed by a person who is under custody in the facility subsequent to the person’s arrest for any crime or delinquent act, subsequent to the person being charged with or convicted of any crime, or subsequent to the person being alleged to be or adjudicated a delinquent child and who temporarily is outside of the facility for any purpose or by a parolee, by an offender under transitional control, under a community control sanction, or on an escorted visit, by a person under post-release control, or by an offender under any other type of supervision by a government agency. D. The victim of the offense is a school teacher or administrator or a school bus operator, and the offense occurs in a school, on school premises, in a school building, on a school bus or while the victim is outside of school premises or a school bus and is engaged in duties or official responsibilities associated with the victim’s employment or position as a school teacher or administrator or a school bus operator, including, but not limited to, driving, accompanying, or chaperoning students at or on class or field trips, athletic events, or other school extracurricular activities or functions outside of school premises. (5) If the victim of the offense is a peace officer or an investigator of the Bureau of Criminal Identification and Investigation, a firefighter, or a person performing emergency medical service, while in the performance of their official duties. (6) If the victim of the offense is a peace officer or an investigator of the Bureau of Criminal Identification and Investigation and if the victim suffered serious physical harm as a result of the commission of the offense. (7) If the victim of the offense is an officer or employee of a public children services agency or a private child placing agency and the offense relates to the officer’s or employee’s performance or anticipated performance of official responsibilities or duties. (8) If the victim of the offense is a health care professional of a hospital, a health care worker of a hospital, or a security officer of a hospital whom the offender knows or has reasonable cause to know is a health care professional of a hospital; a health care worker of a hospital, or a security officer of a hospital, if the victim is engaged in the performance of the victim’s duties, and if the hospital offers de-escalation or crisis intervention training for such professionals, workers or officers, assault is one of the following: A. Except as otherwise provided in subsection (c)(8)B. of this section, assault committed in the specified circumstances is a misdemeanor of the first degree. Notwithstanding the fine specified in division (A)(2)(b) of Ohio R.C. 2929.28 for a misdemeanor of the first degree, in sentencing the offender under this subsection and if the court decides to impose a fine, the court may impose upon the offender a fine of not more than five thousand dollars ($5,000). B. If the offender previously has been convicted of or pleaded guilty to one or more assault or homicide offenses committed against hospital personnel, assault committed in the specified circumstances is a felony. (9) If the victim of the offense is a judge, magistrate, prosecutor or court official or employee whom the offender knows or has reasonable cause to know is a judge, magistrate, prosecutor or court official or employee, and if the victim is engaged in the performance of the victim’s duties, assault is one of the following: A. Except as otherwise provided in subsection (c)(9)B. of this section, assault committed in the specified circumstances is a misdemeanor of the first degree. In sentencing the offender under this subsection, if the court decides to impose a fine, notwithstanding the fine specified in division (A)(2)(b) of Ohio R.C. 2929.28 for a misdemeanor of the first degree, the court may impose upon the offender a fine of not more than five thousand dollars ($5,000). B. If the offender previously has been convicted of or pleaded guilty to one or more assault or homicide offenses committed against justice system personnel, assault committed in the specified circumstances is a felony. (10) If an offender who is convicted of or pleads guilty to assault when it is a misdemeanor also is convicted of or pleads guilty to a specification as described in Ohio R.C. 2941.1423 that was included in the indictment, count in the indictment or information charging the offense, the court shall sentence the offender to a mandatory jail term as provided in division (G) of Ohio R.C. 2929.24. (11) A prosecution for a violation of subsections (a) or (b) of this section does not preclude a prosecution for a violation of any other section of the Ohio Revised Code. One or more acts, a series of acts, or a course of behavior that can be prosecuted under subsections (a) or (b) of this section or any other section of the Ohio Revised Code may be prosecuted under subsections (a) or (b) of this section, the other sections of the Ohio Revised Code, or both sections. However, if an offender is convicted of or pleads guilty to a violation of subsections (a) or (b) of this section and also is convicted of or pleads guilty to a violation of Ohio R.C. 2903.22, or any substantially equivalent municipal ordinance, based on the same conduct involving the same victim that was the basis of the violation of subsections (a) or (b) of this section, the offenses are allied offenses of similar import under Ohio R.C. 2941.25. (d) As used in this section: (1) “Peace officer” has the same meaning as in Ohio R.C. 2935.01. (2) “Firefighter” has the same meaning as in Ohio R.C. 3937.41. (3) “Emergency medical service” has the same meaning as in Ohio R.C. 4765.01. (4) “Local correctional facility” means a county, multicounty, municipal, municipal-county or multicounty-municipal jail or workhouse. A minimum security jail established under Ohio R.C. 341.23 or 753.21, or another county, multicounty, municipal, municipal-county, or multicounty- municipal facility used for the custody of persons arrested for any crime or delinquent act, persons charged with or convicted of any crime, or persons alleged to be or adjudicated a delinquent child. (5) “Employee of a local correctional facility” means a person who is an employee of the political subdivision or of one or more of the affiliated political subdivisions that operates the local correctional facility and who operates or assists in the operation of the facility. (6) “School teacher or administrator” means either of the following: A. A person who is employed in the public schools of the State under a contract described in Ohio R.C. 3311.77 or 3319.08 in a position in which the person is required to have a certificate issued pursuant to Ohio R.C. 3319.22 to 3319.311. B. A person who is employed by a nonpublic school for which the Director of Education and Workforce prescribes minimum standards under Ohio R.C. 3301.07 and who is certified in accordance with Ohio R.C. 3301.071. (7) “Community control sanction” has the same meaning as in Ohio R.C. 2929.01. (8) “Escorted visit” means an escorted visit granted under Ohio R.C. 2967.27. (9) “Post-release control” and “transitional control” have the same meanings as in Ohio R.C. 2967.01. (10) “Investigator of the Bureau of Criminal Identification and Investigation” has the same meaning as in Ohio R.C. 2903.11. (11) “Health care professional” and “health care worker” have the same meanings as in Ohio R.C. 2305.234. (12) “Assault or homicide offense committed against hospital personnel” means a violation of this section or Ohio R.C. 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.13 or 2903.14 committed in circumstances in which all of the following apply: A. The victim of the offense was a health care professional of a hospital, a health care worker of a hospital or a security officer of a hospital. B. The offender knew or had reasonable cause to know that the victim was a health care professional of a hospital, a health care worker of a hospital, or a security officer of a hospital; C. The victim was engaged in the performance of the victim’s duties. D. The hospital offered de-escalation or crisis intervention training for such professionals, workers or officers. (13) “De-escalation or crisis intervention training” means de-escalation or crisis intervention training for health care professionals of a hospital, health care workers of a hospital, and security officers of a hospital to facilitate interaction with patients, members of a patient’s family, and visitors, including those with mental impairments. (14) “Assault or homicide offense committed against justice system personnel” means a violation of this section or of Ohio R.C. 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.13 or 2903.14 committed in circumstances in which the victim of the offense was a judge, magistrate, prosecutor, or court official or employee whom the offender knew or had reasonable cause to know was a judge, magistrate, prosecutor, or court official or employee, and the victim was engaged in the performance of the victim’s duties. (15) “Court official or employee” means any official or employee of a court created under the constitution or statutes of this State or of a United States court located in this State. (16) “Judge” means a judge of a court created under the constitution or statutes of this State or of a United States court located in this State. (17) “Magistrate” means an individual who is appointed by a court of record of this State and who has the powers and may perform the functions specified in Civil Rule 53, Criminal Rule 19, or Juvenile Rule 40, or an individual who is appointed by a United States court located in this State who has similar powers and functions. (18) “Prosecutor” has the same meaning as in Ohio R.C. 2935.01. (19) A. “Hospital” means, subject to subsection (d)(19)B. of this section, an institution classified as a hospital under Ohio R.C. 3701.01 in which are provided to patients diagnostic, medical, surgical, obstetrical, psychiatric, or rehabilitation care or a hospital operated by a health maintenance organization. B. “Hospital” does not include any of the following: 1. A facility licensed under Ohio R.C. Chapter 3721, a health care facility operated by the Department of Mental Health or the Department of Developmental Disabilities, a health maintenance organization that does not operate a hospital, or the office of any private, licensed health care professional, whether organized for individual or group practice; 2. An institution for the sick that is operated exclusively for patients who use spiritual means for healing and for whom the acceptance of medical care is inconsistent with their religious beliefs, accredited by a national accrediting organization, exempt from federal income taxation under Section 501 of the “Internal Revenue Code of 1986", 100 Stat. 2085, 26 U.S.C. 1, as amended, and providing twenty-four-hour nursing care pursuant to the exemption in division (E) of Ohio R.C. 4723.32 from the licensing requirements of Ohio R.C. Chapter 4723. (20) “Health maintenance organization” has the same meaning as in Ohio R.C. 3727.01. (21) “Emergency service responder” means any law enforcement officer, first responder, emergency medical technician-basic, emergency medical technician-intermediate, emergency medical technician-paramedic, firefighter, or volunteer firefighter. (22) “Family or household member” means any of the following: A. Any of the following who is residing or has resided with a person who is employed as an emergency service responder: 1. A spouse, a person living as a spouse, or a former spouse of a person who is employed as an emergency service responder; 2. A parent, a foster parent, or a child of a person who is employed as an emergency service responder, or another person related by consanguinity or affinity to a person who is employed as an emergency service responder; 3. A parent or a child of a spouse, person living as a spouse, or former spouse of a person who is employed as an emergency service responder, or another person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of a person who is employed as an emergency service responder. B. The natural parent of any child of whom a person who is employed as an emergency service responder is the other natural parent or is the putative other natural parent. (23) “First responder”, “emergency medical technician-basic”, “emergency medical technician-intermediate” and “emergency medical technician-paramedic” have the same meanings as in Ohio R.C. 4765.01. (24) “Volunteer firefighter” has the same meaning as in Ohio R.C. 146.01. (25) “Person living as a spouse” means a person who is living or has lived with a person who is employed as an emergency service responder in a common law marital relationship, who otherwise is cohabiting with a person who is employed as an emergency service responder, or who otherwise has cohabited with a person who is employed as an emergency service responder within five years prior to the date of the alleged commission of the act in question. (26) “Co-worker” means a person who is employed by the organization or entity that is served by a person who is employed as an emergency service responder. (ORC 2903.13) 537.04 NEGLIGENT ASSAULT. (a) No person shall negligently, by means of a deadly weapon or dangerous ordnance as defined in Section 549.01 cause physical harm to another or to another’s unborn. (b) Whoever violates this section is guilty of negligent assault, a misdemeanor of the third degree. (ORC 2903.14) 537.05 AGGRAVATED MENACING. (a) No person shall knowingly cause another to believe that the offender will cause serious physical harm to the person or property of the other person, the other person’s unborn, or a member of the other person’s immediate family. In addition to any other basis for the other person’s belief that the offender will cause serious physical harm to the person or property of the other person, the other person’s unborn, or a member of the other person’s immediate family, the other person’s belief may be based on words or conduct of the offender that are directed at or identify a corporation, association or other organization that employs the other person or to which the other person belongs. (b) Whoever violates this section is guilty of aggravated menacing. Except as otherwise provided in this subsection (b), aggravated menacing is a misdemeanor of the first degree. If the victim of the offense is an officer or employee of a public children services agency or a private child placing agency and the offense relates to the officer’s or employee’s performance or anticipated performance of official responsibilities or duties, or, if the offender previously has been convicted of or pleaded guilty to an offense of violence, the victim of that prior offense was an officer or employee of a public children services agency or private child placing agency, and that prior offense related to the officer’s or employee’s performance or anticipated performance of official responsibilities or duties, aggravated menacing is a felony and shall be prosecuted under appropriate State law. (c) As used in this section, “organization” includes an entity that is a governmental employer. (ORC 2903.21) 537.051 MENACING BY STALKING. (a) (1) No person by engaging in a pattern of conduct shall knowingly cause another person to believe that the offender will cause physical harm to the other person or a family or household member of the other person or cause mental distress to the other person or a family or household member of the other person. In addition to any other basis for the other person’s belief that the offender will cause physical harm to the other person or the other person’s family or household member or mental distress to the other person or the other person’s family or household member, the other person’s belief or mental distress may be based on words or conduct of the offender that are directed at or identify a corporation, association or other organization that employs the other person or to which the other person belongs. (2) No person, through the use of any form of written communication or any electronic method of remotely transferring information, including, but not limited to, any computer, computer network, computer program, computer system or telecommunication device shall post a message or use any intentionally written or verbal graphic gesture with purpose to do either of the following: A. Violate subsection (a)(1) of this section; B. Urge or incite another to commit a violation of subsection (a)(1) of this section. (3) No person, with sexual motivation, shall violate subsection (a)(1) or (2) of this section. (b) Whoever violates this section is guilty of menacing by stalking. (1) Except as otherwise provided in subsections (b)(2) and (3) of this section, menacing by stalking is a misdemeanor of the first degree. (2) Menacing by stalking is a felony and shall be prosecuted under appropriate State law if any of the following applies: A. The offender previously has been convicted of or pleaded guilty to a violation of this section or a violation of Section 541.051. B. In committing the offense under subsection (a)(1), (2), or (3) of this section, the offender made a threat of physical harm to or against the victim, or as a result of an offense committed under subsection (a)(2) or (3) of this section, a third person induced by the offender’s posted message made a threat of physical harm to or against the victim. C. In committing the offense under subsection (a)(1), (2), or (3) of this section, the offender trespassed on the land or premises where the victim lives, is employed, or attends school, or as a result of an offense committed under subsection (a)(2) or (3) of this section, a third person induced by the offender’s posted message trespassed on the land or premises where the victim lives, is employed, or attends school. D. The victim of the offense is a minor. E. The offender has a history of violence toward the victim or any other person or a history of other violent acts toward the victim or any other person. F. While committing the offense under subsection (a)(1) of this section or a violation of subsection (a)(3) of this section is based on conduct in violation of subsection (a)(1) of this section, the offender had a deadly weapon on or about the offender’s person or under the offender’s control. Subsection (b)(2)F. of this section does not apply in determining the penalty for a violation of subsection (a)(2) of this section or a violation of subsection (a)(3) of this section based on conduct in violation of subsection (a)(1) of this section. G. At the time of the commission of the offense, the offender was the subject of a protection order issued under Ohio R.C. 2903.213 or 2903.214, regardless of whether the person to be protected under the order is the victim of the offense or another person. H. In committing the offense under subsection (a)(1), (2), or (3) of this section, the offender caused serious physical harm to the premises at which the victim resides, to the real property on which that premises is located, or to any personal property located on that premises, or as a result of an offense committed under subsection (a)(2) of this section, or an offense committed under subsection (a)(3) of this section based on a violation of subsection (a)(2) of this section, a third person induced by the offender’s posted message caused serious physical harm to that premises, that real property, or any personal property on that premises. I. Prior to committing the offense, the offender had been determined to represent a substantial risk of physical harm to others as manifested by evidence of then-recent homicidal or other violent behavior, evidence of then-recent threats that placed another in reasonable fear of violent behavior and serious physical harm, or other evidence of then-present dangerousness. (3) If the victim of the offense is an officer or employee of a public children services agency or a private child placing agency and the offense relates to the officer’s or employee’s performance or anticipated performance of official responsibilities or duties, or, if the offender previously has been convicted of or pleaded guilty to an offense of violence, the victim of that prior offense was an officer or employee of a public children services agency or private child placing agency, and that prior offense related to the officer’s or employee’s performance or anticipated performance of official responsibilities, or duties, menacing by stalking is a felony and shall be prosecuted under appropriate State law. (c) Ohio R.C. 2919.271 applies in relation to a defendant charged with a violation of this section. (d) As used in this section: (1) “Pattern of conduct” means two or more actions or incidents closely related in time, whether or not there has been a prior conviction based on any of those actions or incidents, or two or more actions or incidents closely related in time, whether or not there has been a prior conviction based on any of those actions or incidents, directed at one or more persons employed by or belonging to the same corporation, association, or other organization. Actions or incidents that prevent, obstruct, or delay the performance by a public official, firefighter, rescuer, emergency medical services person, or emergency facility person of any authorized act within the public official’s, firefighter’s, rescuer’s, emergency medical services person’s, or emergency facility person’s official capacity, or the posting of messages, use of intentionally written or verbal graphic gestures, or receipt of information or data through the use of any form of written communication or an electronic method of remotely transferring information, including, but not limited to, a computer, computer network, computer program, computer system, or telecommunications device, may constitute a “pattern of conduct”. (2) “Mental distress” means any of the following: A. Any mental illness or condition that involves some temporary substantial incapacity; B. Any mental illness or condition that would normally require psychiatric treatment, psychological treatment, or other mental health services, whether or not any person requested or received psychiatric treatment, psychological treatment, or other mental health services. (3) “Emergency medical services person” is the singular of “emergency medical services personnel” as defined in Ohio R.C. 2133.21. (4) “Emergency facility person” is the singular of “emergency facility personnel” as defined in Ohio R.C. 2909.04. (5) “Public official” has the same meaning as in Ohio R.C. 2921.01. (6) “Computer”, “computer network”, “computer program”, “computer system” and “telecommunications device” have the same meanings as in Ohio R.C. 2913.01. (7) “Post a message” means transferring, sending, posting, publishing, disseminating or otherwise communicating, or attempting to transfer, send, post, publish, disseminate or otherwise communication, any message or information, whether truthful or untruthful, about an individual, and whether done under one’s own name, under the name of another, or while impersonating another. (8) “Third person” means, in relation to conduct as described in subsection (a)(2) of this section, an individual who is neither the offender nor the victim of the conduct. (9) “Sexual motivation” has the same meaning as in Ohio R.C. 2971.01. (10) “Organization” includes an entity that is a governmental employer. (11) “Family or household member” means any of the following: A. Any of the following who is residing or has resided with the person against whom the act prohibited in subsection (a)(1) of this section is committed: 1. A spouse, a person living as a spouse, or a former spouse of the person; 2. A parent, a foster parent, or a child of the person, or another person related by consanguinity or affinity to the person; 3. A parent or a child of a spouse, person living as a spouse, or former spouse of the person, or another person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of the person. B. The natural parent of any child of whom the person against whom the act prohibited in subsection (a)(1) of this section is committed is the other natural parent or is the putative other natural parent. (12) “Person living as a spouse” means a person who is living or has lived with the person against whom the act prohibited in subsection (a)(1) of this section is committed in a common law marital relationship, who otherwise is cohabiting with that person, or who otherwise has cohabited with the person within five years prior to the date of the alleged commission of the act in question. (e) The Municipality does not need to prove in a prosecution under this section that a person requested or received psychiatric treatment, psychological treatment, or other mental health services in order to show that the person was caused mental distress as described in subsection (d)(2)B. of this section. (f) (1) This section does not apply to a person solely because the person provided access or connection to or from an electronic method of remotely transferring information not under that person’s control, including having provided capabilities that are incidental to providing access or connection to or from the electronic method of remotely transferring the information, and that do not include the creation of the content of the material that is the subject of the access or connection. In addition, any person providing access or connection to or from an electronic method of remotely transferring information not under that person’s control shall not be liable for any action voluntarily taken in good faith to block the receipt or transmission through its service of any information that it believes is, or will be sent, in violation of this section. (2) Subsection (f)(1) of this section does not create an affirmative duty for any person providing access or connection to or from an electronic method of remotely transferring information not under that person’s control to block the receipt or transmission through its service of any information that it believes is, or will be sent, in violation of this section except as otherwise provided by law. (3) Subsection (f)(1) of this section does not apply to a person who conspires with a person actively involved in the creation or knowing distribution of material in violation of this section or who knowingly advertises the availability of material of that nature. (ORC 2903.211) 537.06 MENACING. (a) (1) No person shall knowingly cause another to believe that the offender will cause physical harm to the person or property of the other person, the other person’s unborn, or a member of the other person’s immediate family. In addition to any other basis for the other person’s belief that the offender will cause physical harm to the person or property of the other person, the other person’s unborn, or a member of the other person’s immediate family, the other person’s belief may be based on words or conduct of the offender that are directed at or identify a corporation, association or other organization that employs the other person or to which the other person belongs. (2) No person shall knowingly place or attempt to place another in reasonable fear of physical harm or death by displaying a deadly weapon, regardless of whether the deadly weapon displayed is operable or inoperable, if either of the following applies: A. The other person is an emergency service responder, the person knows or reasonably should know that the other person is an emergency service responder, and it is the person’s specific purpose to engage in the specified conduct against an emergency service responder. B. The other person is a family or household member or co-worker of an emergency service responder, the person knows or reasonably should know that the other person is a family or household member or co-worker of an emergency service responder, and it is the person’s specific purpose to engage in the specified conduct against a family or household member or co-worker of an emergency service responder. (b) Whoever violates this section is guilty of menacing. Except as otherwise provided in this division, menacing is a misdemeanor of the fourth degree. If the victim of the offense is an officer or employee of a public children services agency or a private child placing agency and the offense relates to the officer’s or employee’s performance or anticipated performance of official responsibilities or duties or if the victim of the offense is an emergency service responder in the performance of the responder’s official duties, menacing is one of the following: (1) Except as otherwise provided in subsection (a)(2)B. of this section, a misdemeanor of the first degree; (2) If the offender previously has been convicted of or pleaded guilty to an offense of violence, the victim of that prior offense was an officer or employee of a public children services agency or private child placing agency or an emergency service responder, and that prior offense related to the officer’s or employee’s performance or anticipated performance of official responsibilities or duties or to the responder’s performance of the responder’s official duties, a felony to be prosecuted under appropriate state law. (c) A prosecution for a violation of subsection (a) of this section does not preclude a prosecution of a violation of any other section of the Ohio Revised Code. One or more acts, a series of acts, or a course of behavior that can be prosecuted under subsection (a) of this section or any other section of the Ohio Revised Code may be prosecuted under subsection (a) of this section, the other section of the Ohio Revised Code, or both sections. However, if an offender is convicted of or pleads guilty to a violation of subsection (a) of this section and also is convicted of or pleads guilty to a violation of Ohio R.C. 2903.13, or any substantially similar municipal ordinance, based on the same conduct involving the same victim that was the basis of the violation of subsection (a) of this section, the offenses are allied offenses of similar import under Ohio R.C. 2941.25. (d) As used in this section: (1) “Co-worker” has the same meaning as in Ohio R.C. 2903.13. (2) “Emergency service responder” has the same meaning as in Ohio R.C. 2903.13. (3) “Family or household member” have the same meanings as in Ohio R.C. 2903.13. (4) “Organization” includes an entity that is a governmental employer. (ORC 2903.22) 537.07 ENDANGERING CHILDREN. (a) No person, who is the parent, guardian, custodian, person having custody or control, or person in loco parentis of a child under eighteen years of age or a child with a mental or physical disability under twenty-one years of age, shall create a substantial risk to the health or safety of the child, by violating a duty of care, protection or support. It is not a violation of a duty of care, protection or support under this subsection when the parent, guardian, custodian or person having custody or control of a child treats the physical or mental illness or disability of the child by spiritual means through prayer alone, in accordance with the tenets of a recognized religious body. (b) No person shall abuse a child under eighteen years of age or a child with a mental or physical disability under twenty-one years of age. (c) (1) No person shall operate a vehicle in violation of Section 333.01(a) of the Traffic Code when one or more children under eighteen years of age are in the vehicle. Notwithstanding any other provision of law, a person may be convicted at the same trial or proceeding of a violation of subsection (c) hereof and a violation of Section 333.01(a) of the Traffic Code that constitutes the basis of the charge of the violation of subsection (c) hereof. For purposes of Ohio R.C. 4511.191 to 4511.197 and all related provisions of law, a person arrested for a violation of subsection (c) hereof shall be considered to be under arrest for operating a vehicle while under the influence of alcohol, a drug of abuse, or a combination of them or for operating a vehicle with a prohibited concentration of alcohol, a controlled substance, or a metabolite of a controlled substance in the whole blood, blood serum or plasma, breath, or urine. (2) As used in subsection (c) hereof: A. “Controlled substance” has the same meaning as in Ohio R.C. 3719.01. B. "Vehicle" has the same meaning as in Ohio R.C. 4511.01. (d) Whoever violates this section is guilty of endangering children. (1) Whoever violates subsection (a) or (b) hereof is guilty of a misdemeanor of the first degree. If the violation results in serious physical harm to the child involved, or if the offender previously has been convicted of an offense under this section, Ohio R.C. 2919.22 or of any offense involving neglect, abandonment, contributing to the delinquency of or physical abuse of a child, endangering children is a felony and shall be prosecuted under appropriate State law. (2) Whoever violates subsection (c) hereof is guilty of a misdemeanor of the first degree. Endangering children is a felony and shall be prosecuted under appropriate State law if either of the following applies: A. The violation results in serious physical harm to the child involved or the offender previously has been convicted of an offense under Ohio R.C. 2919.22 or any offense involving neglect, abandonment, contributing to the delinquency of, or physical abuse of a child. B. The violation results in serious physical harm to the child involved and the offender previously has been convicted of a violation of Ohio R.C. 2919.22(C) or subsection (c) hereof, Ohio R.C. 2903.06, or 2903.08, Section 2903.07 as it existed prior to March 23, 2000, or Ohio R.C. 2903.04 in a case in which the offender was subject to the sanctions described in division (D) of that section. (3) In addition to any term of imprisonment, fine, or other sentence, penalty, or sanction it imposes upon the offender pursuant to subsection (d)(2) hereof, or pursuant to any other provision of law, the court also may impose upon the offender any of the sanctions provided under Ohio R.C. 2919.22(E)(5)(d). (e) (1) If a person violates subsection (c) hereof and if, at the time of the violation, there were two or more children under eighteen years of age in the motor vehicle involved in the violation, the offender may be convicted of a violation of subsection (c) hereof for each of the children, but the court may sentence the offender for only one of the violations. (2) A. If a person is convicted of or pleads guilty to a violation of subsection (c) hereof but the person is not also convicted of and does not also plead guilty to a separate charge charging the violation of Section 333.01(a) of the Traffic Code that was the basis of the charge of the violation of subsection (c) hereof, both of the following apply: 1. For purposes of the provisions of the Traffic Code penalty that set forth the penalties and sanctions for a violation of Section 333.01(a) of the Traffic Code, the conviction of or plea of guilty to the violation of subsection (c) hereof shall not constitute a violation of Section 333.01(a) of the Traffic Code. 2. For purposes of any provision of law that refers to a conviction of or plea of guilty to a violation of Section 333.01(a) of the Traffic Code and that is not described in subsection (e)(2)A.1. hereof, the conviction of or plea of guilty to the violation of subsection (c) hereof shall constitute a conviction of or plea of guilty to a violation of Section 333.01(a) of the Traffic Code. B. If a person is convicted of or pleads guilty to a violation of subsection (c) hereof and the person also is convicted of or pleads guilty to a separate charge charging the violation of Section 333.01(a) of the Traffic Code that was the basis of the charge of the violation of subsection (c) hereof, the conviction of or plea of guilty to the violation of subsection (c) hereof shall not constitute, for purposes of any provision of law that refers to a conviction of or plea of guilty to a violation of Section 333.01(a) of the Traffic Code, a conviction of or plea of guilty to a violation of Section 333.01(a) of the Traffic Code. (ORC 2919.22) Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588. Hosted by: American Legal Publishing Back to Code Library Previous Doc Next Doc 0 items available --- ## Detected legislative history - Ordinances of Sheffield Lake, OH - ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO - ORDINANCE NO. 116-84 - ORDINANCES OF SHEFFIELD LAKE - orderly Conduct and Peace Disturbance - ORDER - ordinance, based on the same conduct involving the same victim that was the basis of the violation of subsections (a) or (b) of this section, the offenses are allied offenses of similar imp - ordance with Ohio R - ord of this State and who has the powers and may perform the functions specified in Civil Rule 53, Criminal Rule 19, or Juvenile Rule 40, or an individual who is appointed by a United - amended, and providing twenty-four-hour nursing care pursuant to the exemption in division (E) of Ohio R - ordnance as defined in Section 549 - ords or conduct of the offender that are directed at or identify a corporation, association or other organization that employs the other person or to which the other person belongs - order issued under Ohio R - order is the victim of the offense or another person - order to show that the person was caused mental distress as described in subsection (d)(2)B - ordinance, based on the same conduct involving the same victim that was the basis of the violation of subsection (a) of this section, the offenses are allied offenses of similar import unde - ordance with the tenets of a recognized religious body - Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality - Ordinances should be consulted prior to any action being taken - Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588 --- *Imported automatically by MunicipalWiki. The original publisher remains the authoritative source pending legal normalization and verification.* # 537.051 MENACING BY STALKING. # 537.051 MENACING BY STALKING.
Document typesection
Identifier537.051
Citation§ 537.051
Ordinances detectedS, 116-84, ER, INANCE, NANCE
Dates detectedMarch 23, 2000
Original source[American Legal Publishing](https://codelibrary.amlegal.com/codes/sheffieldlake/latest/sheffieldlake_oh/0-0-0-11704)
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--- Skip to main content Search Sitemap Login Select Language Resources Skip to code content (skip section selection) 2025-04 (current) Sheffield Lake Overview Codified Ordinances of Sheffield Lake, OH CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO CERTIFICATION ROSTER OF OFFICIALS ADOPTING ORDINANCE NO. 116-84 COMPARATIVE SECTION TABLE TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE CHARTER PART ONE - ADMINISTRATIVE CODE PART THREE - TRAFFIC CODE PART FIVE - GENERAL OFFENSES CODE CHAPTER 501 General Provisions and Penalty CHAPTER 505 Animals and Fowl CHAPTER 509 Disorderly Conduct and Peace Disturbance CHAPTER 513 Drug Abuse Control CHAPTER 517 Gambling CHAPTER 521 Health, Safety and Sanitation CHAPTER 525 Law Enforcement and Public Office CHAPTER 529 Liquor Control CHAPTER 531 Noise Control CHAPTER 533 Obscenity and Sex Offenses CHAPTER 537 Offenses Against Persons 537.01 NEGLIGENT HOMICIDE. 537.02 VEHICULAR HOMICIDE AND MANSLAUGHTER. 537.021 VEHICULAR ASSAULT IN A CONSTRUCTION ZONE. 537.03 ASSAULT. 537.04 NEGLIGENT ASSAULT. 537.05 AGGRAVATED MENACING. 537.051 MENACING BY STALKING. 537.06 MENACING. 537.07 ENDANGERING CHILDREN. 537.08 UNLAWFUL RESTRAINT. 537.09 COERCION. 537.10 TELECOMMUNICATION HARASSMENT. 537.11 THREATENING OR HARASSING TELEPHONE CALLS. 537.12 MISUSE OF 9-1-1 SYSTEM. 537.13 ADULTERATING OF OR FURNISHING ADULTERATED FOOD OR CONFECTION. 537.14 DOMESTIC VIOLENCE. 537.15 ANNOYING BUILDING OCCUPANTS. 537.16 MOLESTING OR INSULTING PERSONS. 537.17 TEMPORARY PROTECTION ORDER. 537.18 ILLEGAL DISTRIBUTION OF CIGARETTES, OTHER TOBACCO PRODUCTS, OR ALTERNATE NICOTINE PRODUCTS; TRANSACTION SCANS. 537.19 RESERVED. 537.20 CONTRIBUTING TO UNRULINESS OR DELINQUENCY OF A CHILD. 537.21 HAZING PROHIBITED. 537.22 ILLEGAL USE OF A TRACKING DEVICE OR APPLICATION. 537.99 PENALTY. CHAPTER 541 Property Offenses CHAPTER 545 Theft and Fraud CHAPTER 549 Weapons and Explosives CHAPTER 553 Railroads CHAPTER 557 Watercraft CHAPTER 561 Weeds and Grass PART SEVEN - BUSINESS REGULATION CODE PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE PART ELEVEN - PLANNING AND ZONING CODE PART THIRTEEN - BUILDING CODE PART FIFTEEN - FIRE PREVENTION CODE OH Sheffield Lake Codified Ordinances of Sheffield Lake, OH 537.051 MENACING BY STALKING. CHAPTER 537 Offenses Against Persons 537.03 ASSAULT. (a) No person shall knowingly cause or attempt to cause physical harm to another or to another’s unborn. (b) No person shall recklessly cause serious physical harm to another or to another’s unborn. (c) (1) Whoever violates this section is guilty of assault, a misdemeanor of the first degree, and the court shall sentence the offender as provided in subsection (c) hereof. If the assault was committed under the circumstances provided in subsection (c)(2), (3), (4), (5), (6), (7), (8) or (9) hereof, assault is a felony and shall be prosecuted under appropriate State law. (2) Except as otherwise provided in this subsection, if the offense is committed by a caretaker against a functionally impaired person under the caretaker’s care, the assault is a felony and shall be prosecuted under appropriate State law. (3) If the offense occurs in or on the grounds of a State correctional institution or an institution of the Department of Youth Services, the victim of the offense is an employee of the Department of Rehabilitation and Correction or the Department of Youth Services, and the offense is committed by a person incarcerated in the State correctional institution or by a person institutionalized in the Department of Youth Services Institution pursuant to a commitment to the Department of Youth Services. (4) If the offense is committed in any of the following circumstances: A. The offense occurs in or on the grounds of a local correctional facility, the victim of the offense is an employee of the local correctional facility or a probation department or is on the premises of the facility for business purposes or as a visitor, and the offense is committed by a person who is under custody in the facility subsequent to the person’s arrest for any crime or delinquent act, subsequent to the person’s being charged with or convicted of any crime, or subsequent to the person’s being alleged to be or adjudicated a delinquent child. B. The offense occurs off the grounds of a State correctional institution and off the grounds of an institution of the Department of Youth Services, the victim of the offense is an employee of the Department of Rehabilitation and Correction, the Department of Youth Services, or a probation department, the offense occurs during the employee’s official work hours and while the employee is engaged in official work responsibilities, and the offense is committed by a person incarcerated in a State correctional institution or institutionalized in the Department of Youth Services who temporarily is outside of the institution for any purpose, by a parolee, by an offender under transitional control, under a community control sanction, or on an escorted visit, by a person under post-release control, or by an offender under any other type of supervision by a government agency. C. The offense occurs off the grounds of a local correctional facility, the victim of the offense is an employee of the local correctional facility or a probation department, the offense occurs during the employee’s official work hours and while the employee is engaged in official work responsibilities, and the offense is committed by a person who is under custody in the facility subsequent to the person’s arrest for any crime or delinquent act, subsequent to the person being charged with or convicted of any crime, or subsequent to the person being alleged to be or adjudicated a delinquent child and who temporarily is outside of the facility for any purpose or by a parolee, by an offender under transitional control, under a community control sanction, or on an escorted visit, by a person under post-release control, or by an offender under any other type of supervision by a government agency. D. The victim of the offense is a school teacher or administrator or a school bus operator, and the offense occurs in a school, on school premises, in a school building, on a school bus or while the victim is outside of school premises or a school bus and is engaged in duties or official responsibilities associated with the victim’s employment or position as a school teacher or administrator or a school bus operator, including, but not limited to, driving, accompanying, or chaperoning students at or on class or field trips, athletic events, or other school extracurricular activities or functions outside of school premises. (5) If the victim of the offense is a peace officer or an investigator of the Bureau of Criminal Identification and Investigation, a firefighter, or a person performing emergency medical service, while in the performance of their official duties. (6) If the victim of the offense is a peace officer or an investigator of the Bureau of Criminal Identification and Investigation and if the victim suffered serious physical harm as a result of the commission of the offense. (7) If the victim of the offense is an officer or employee of a public children services agency or a private child placing agency and the offense relates to the officer’s or employee’s performance or anticipated performance of official responsibilities or duties. (8) If the victim of the offense is a health care professional of a hospital, a health care worker of a hospital, or a security officer of a hospital whom the offender knows or has reasonable cause to know is a health care professional of a hospital; a health care worker of a hospital, or a security officer of a hospital, if the victim is engaged in the performance of the victim’s duties, and if the hospital offers de-escalation or crisis intervention training for such professionals, workers or officers, assault is one of the following: A. Except as otherwise provided in subsection (c)(8)B. of this section, assault committed in the specified circumstances is a misdemeanor of the first degree. Notwithstanding the fine specified in division (A)(2)(b) of Ohio R.C. 2929.28 for a misdemeanor of the first degree, in sentencing the offender under this subsection and if the court decides to impose a fine, the court may impose upon the offender a fine of not more than five thousand dollars ($5,000). B. If the offender previously has been convicted of or pleaded guilty to one or more assault or homicide offenses committed against hospital personnel, assault committed in the specified circumstances is a felony. (9) If the victim of the offense is a judge, magistrate, prosecutor or court official or employee whom the offender knows or has reasonable cause to know is a judge, magistrate, prosecutor or court official or employee, and if the victim is engaged in the performance of the victim’s duties, assault is one of the following: A. Except as otherwise provided in subsection (c)(9)B. of this section, assault committed in the specified circumstances is a misdemeanor of the first degree. In sentencing the offender under this subsection, if the court decides to impose a fine, notwithstanding the fine specified in division (A)(2)(b) of Ohio R.C. 2929.28 for a misdemeanor of the first degree, the court may impose upon the offender a fine of not more than five thousand dollars ($5,000). B. If the offender previously has been convicted of or pleaded guilty to one or more assault or homicide offenses committed against justice system personnel, assault committed in the specified circumstances is a felony. (10) If an offender who is convicted of or pleads guilty to assault when it is a misdemeanor also is convicted of or pleads guilty to a specification as described in Ohio R.C. 2941.1423 that was included in the indictment, count in the indictment or information charging the offense, the court shall sentence the offender to a mandatory jail term as provided in division (G) of Ohio R.C. 2929.24. (11) A prosecution for a violation of subsections (a) or (b) of this section does not preclude a prosecution for a violation of any other section of the Ohio Revised Code. One or more acts, a series of acts, or a course of behavior that can be prosecuted under subsections (a) or (b) of this section or any other section of the Ohio Revised Code may be prosecuted under subsections (a) or (b) of this section, the other sections of the Ohio Revised Code, or both sections. However, if an offender is convicted of or pleads guilty to a violation of subsections (a) or (b) of this section and also is convicted of or pleads guilty to a violation of Ohio R.C. 2903.22, or any substantially equivalent municipal ordinance, based on the same conduct involving the same victim that was the basis of the violation of subsections (a) or (b) of this section, the offenses are allied offenses of similar import under Ohio R.C. 2941.25. (d) As used in this section: (1) “Peace officer” has the same meaning as in Ohio R.C. 2935.01. (2) “Firefighter” has the same meaning as in Ohio R.C. 3937.41. (3) “Emergency medical service” has the same meaning as in Ohio R.C. 4765.01. (4) “Local correctional facility” means a county, multicounty, municipal, municipal-county or multicounty-municipal jail or workhouse. A minimum security jail established under Ohio R.C. 341.23 or 753.21, or another county, multicounty, municipal, municipal-county, or multicounty- municipal facility used for the custody of persons arrested for any crime or delinquent act, persons charged with or convicted of any crime, or persons alleged to be or adjudicated a delinquent child. (5) “Employee of a local correctional facility” means a person who is an employee of the political subdivision or of one or more of the affiliated political subdivisions that operates the local correctional facility and who operates or assists in the operation of the facility. (6) “School teacher or administrator” means either of the following: A. A person who is employed in the public schools of the State under a contract described in Ohio R.C. 3311.77 or 3319.08 in a position in which the person is required to have a certificate issued pursuant to Ohio R.C. 3319.22 to 3319.311. B. A person who is employed by a nonpublic school for which the Director of Education and Workforce prescribes minimum standards under Ohio R.C. 3301.07 and who is certified in accordance with Ohio R.C. 3301.071. (7) “Community control sanction” has the same meaning as in Ohio R.C. 2929.01. (8) “Escorted visit” means an escorted visit granted under Ohio R.C. 2967.27. (9) “Post-release control” and “transitional control” have the same meanings as in Ohio R.C. 2967.01. (10) “Investigator of the Bureau of Criminal Identification and Investigation” has the same meaning as in Ohio R.C. 2903.11. (11) “Health care professional” and “health care worker” have the same meanings as in Ohio R.C. 2305.234. (12) “Assault or homicide offense committed against hospital personnel” means a violation of this section or Ohio R.C. 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.13 or 2903.14 committed in circumstances in which all of the following apply: A. The victim of the offense was a health care professional of a hospital, a health care worker of a hospital or a security officer of a hospital. B. The offender knew or had reasonable cause to know that the victim was a health care professional of a hospital, a health care worker of a hospital, or a security officer of a hospital; C. The victim was engaged in the performance of the victim’s duties. D. The hospital offered de-escalation or crisis intervention training for such professionals, workers or officers. (13) “De-escalation or crisis intervention training” means de-escalation or crisis intervention training for health care professionals of a hospital, health care workers of a hospital, and security officers of a hospital to facilitate interaction with patients, members of a patient’s family, and visitors, including those with mental impairments. (14) “Assault or homicide offense committed against justice system personnel” means a violation of this section or of Ohio R.C. 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.13 or 2903.14 committed in circumstances in which the victim of the offense was a judge, magistrate, prosecutor, or court official or employee whom the offender knew or had reasonable cause to know was a judge, magistrate, prosecutor, or court official or employee, and the victim was engaged in the performance of the victim’s duties. (15) “Court official or employee” means any official or employee of a court created under the constitution or statutes of this State or of a United States court located in this State. (16) “Judge” means a judge of a court created under the constitution or statutes of this State or of a United States court located in this State. (17) “Magistrate” means an individual who is appointed by a court of record of this State and who has the powers and may perform the functions specified in Civil Rule 53, Criminal Rule 19, or Juvenile Rule 40, or an individual who is appointed by a United States court located in this State who has similar powers and functions. (18) “Prosecutor” has the same meaning as in Ohio R.C. 2935.01. (19) A. “Hospital” means, subject to subsection (d)(19)B. of this section, an institution classified as a hospital under Ohio R.C. 3701.01 in which are provided to patients diagnostic, medical, surgical, obstetrical, psychiatric, or rehabilitation care or a hospital operated by a health maintenance organization. B. “Hospital” does not include any of the following: 1. A facility licensed under Ohio R.C. Chapter 3721, a health care facility operated by the Department of Mental Health or the Department of Developmental Disabilities, a health maintenance organization that does not operate a hospital, or the office of any private, licensed health care professional, whether organized for individual or group practice; 2. An institution for the sick that is operated exclusively for patients who use spiritual means for healing and for whom the acceptance of medical care is inconsistent with their religious beliefs, accredited by a national accrediting organization, exempt from federal income taxation under Section 501 of the “Internal Revenue Code of 1986", 100 Stat. 2085, 26 U.S.C. 1, as amended, and providing twenty-four-hour nursing care pursuant to the exemption in division (E) of Ohio R.C. 4723.32 from the licensing requirements of Ohio R.C. Chapter 4723. (20) “Health maintenance organization” has the same meaning as in Ohio R.C. 3727.01. (21) “Emergency service responder” means any law enforcement officer, first responder, emergency medical technician-basic, emergency medical technician-intermediate, emergency medical technician-paramedic, firefighter, or volunteer firefighter. (22) “Family or household member” means any of the following: A. Any of the following who is residing or has resided with a person who is employed as an emergency service responder: 1. A spouse, a person living as a spouse, or a former spouse of a person who is employed as an emergency service responder; 2. A parent, a foster parent, or a child of a person who is employed as an emergency service responder, or another person related by consanguinity or affinity to a person who is employed as an emergency service responder; 3. A parent or a child of a spouse, person living as a spouse, or former spouse of a person who is employed as an emergency service responder, or another person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of a person who is employed as an emergency service responder. B. The natural parent of any child of whom a person who is employed as an emergency service responder is the other natural parent or is the putative other natural parent. (23) “First responder”, “emergency medical technician-basic”, “emergency medical technician-intermediate” and “emergency medical technician-paramedic” have the same meanings as in Ohio R.C. 4765.01. (24) “Volunteer firefighter” has the same meaning as in Ohio R.C. 146.01. (25) “Person living as a spouse” means a person who is living or has lived with a person who is employed as an emergency service responder in a common law marital relationship, who otherwise is cohabiting with a person who is employed as an emergency service responder, or who otherwise has cohabited with a person who is employed as an emergency service responder within five years prior to the date of the alleged commission of the act in question. (26) “Co-worker” means a person who is employed by the organization or entity that is served by a person who is employed as an emergency service responder. (ORC 2903.13) 537.04 NEGLIGENT ASSAULT. (a) No person shall negligently, by means of a deadly weapon or dangerous ordnance as defined in Section 549.01 cause physical harm to another or to another’s unborn. (b) Whoever violates this section is guilty of negligent assault, a misdemeanor of the third degree. (ORC 2903.14) 537.05 AGGRAVATED MENACING. (a) No person shall knowingly cause another to believe that the offender will cause serious physical harm to the person or property of the other person, the other person’s unborn, or a member of the other person’s immediate family. In addition to any other basis for the other person’s belief that the offender will cause serious physical harm to the person or property of the other person, the other person’s unborn, or a member of the other person’s immediate family, the other person’s belief may be based on words or conduct of the offender that are directed at or identify a corporation, association or other organization that employs the other person or to which the other person belongs. (b) Whoever violates this section is guilty of aggravated menacing. Except as otherwise provided in this subsection (b), aggravated menacing is a misdemeanor of the first degree. If the victim of the offense is an officer or employee of a public children services agency or a private child placing agency and the offense relates to the officer’s or employee’s performance or anticipated performance of official responsibilities or duties, or, if the offender previously has been convicted of or pleaded guilty to an offense of violence, the victim of that prior offense was an officer or employee of a public children services agency or private child placing agency, and that prior offense related to the officer’s or employee’s performance or anticipated performance of official responsibilities or duties, aggravated menacing is a felony and shall be prosecuted under appropriate State law. (c) As used in this section, “organization” includes an entity that is a governmental employer. (ORC 2903.21) 537.051 MENACING BY STALKING. (a) (1) No person by engaging in a pattern of conduct shall knowingly cause another person to believe that the offender will cause physical harm to the other person or a family or household member of the other person or cause mental distress to the other person or a family or household member of the other person. In addition to any other basis for the other person’s belief that the offender will cause physical harm to the other person or the other person’s family or household member or mental distress to the other person or the other person’s family or household member, the other person’s belief or mental distress may be based on words or conduct of the offender that are directed at or identify a corporation, association or other organization that employs the other person or to which the other person belongs. (2) No person, through the use of any form of written communication or any electronic method of remotely transferring information, including, but not limited to, any computer, computer network, computer program, computer system or telecommunication device shall post a message or use any intentionally written or verbal graphic gesture with purpose to do either of the following: A. Violate subsection (a)(1) of this section; B. Urge or incite another to commit a violation of subsection (a)(1) of this section. (3) No person, with sexual motivation, shall violate subsection (a)(1) or (2) of this section. (b) Whoever violates this section is guilty of menacing by stalking. (1) Except as otherwise provided in subsections (b)(2) and (3) of this section, menacing by stalking is a misdemeanor of the first degree. (2) Menacing by stalking is a felony and shall be prosecuted under appropriate State law if any of the following applies: A. The offender previously has been convicted of or pleaded guilty to a violation of this section or a violation of Section 541.051. B. In committing the offense under subsection (a)(1), (2), or (3) of this section, the offender made a threat of physical harm to or against the victim, or as a result of an offense committed under subsection (a)(2) or (3) of this section, a third person induced by the offender’s posted message made a threat of physical harm to or against the victim. C. In committing the offense under subsection (a)(1), (2), or (3) of this section, the offender trespassed on the land or premises where the victim lives, is employed, or attends school, or as a result of an offense committed under subsection (a)(2) or (3) of this section, a third person induced by the offender’s posted message trespassed on the land or premises where the victim lives, is employed, or attends school. D. The victim of the offense is a minor. E. The offender has a history of violence toward the victim or any other person or a history of other violent acts toward the victim or any other person. F. While committing the offense under subsection (a)(1) of this section or a violation of subsection (a)(3) of this section is based on conduct in violation of subsection (a)(1) of this section, the offender had a deadly weapon on or about the offender’s person or under the offender’s control. Subsection (b)(2)F. of this section does not apply in determining the penalty for a violation of subsection (a)(2) of this section or a violation of subsection (a)(3) of this section based on conduct in violation of subsection (a)(1) of this section. G. At the time of the commission of the offense, the offender was the subject of a protection order issued under Ohio R.C. 2903.213 or 2903.214, regardless of whether the person to be protected under the order is the victim of the offense or another person. H. In committing the offense under subsection (a)(1), (2), or (3) of this section, the offender caused serious physical harm to the premises at which the victim resides, to the real property on which that premises is located, or to any personal property located on that premises, or as a result of an offense committed under subsection (a)(2) of this section, or an offense committed under subsection (a)(3) of this section based on a violation of subsection (a)(2) of this section, a third person induced by the offender’s posted message caused serious physical harm to that premises, that real property, or any personal property on that premises. I. Prior to committing the offense, the offender had been determined to represent a substantial risk of physical harm to others as manifested by evidence of then-recent homicidal or other violent behavior, evidence of then-recent threats that placed another in reasonable fear of violent behavior and serious physical harm, or other evidence of then-present dangerousness. (3) If the victim of the offense is an officer or employee of a public children services agency or a private child placing agency and the offense relates to the officer’s or employee’s performance or anticipated performance of official responsibilities or duties, or, if the offender previously has been convicted of or pleaded guilty to an offense of violence, the victim of that prior offense was an officer or employee of a public children services agency or private child placing agency, and that prior offense related to the officer’s or employee’s performance or anticipated performance of official responsibilities, or duties, menacing by stalking is a felony and shall be prosecuted under appropriate State law. (c) Ohio R.C. 2919.271 applies in relation to a defendant charged with a violation of this section. (d) As used in this section: (1) “Pattern of conduct” means two or more actions or incidents closely related in time, whether or not there has been a prior conviction based on any of those actions or incidents, or two or more actions or incidents closely related in time, whether or not there has been a prior conviction based on any of those actions or incidents, directed at one or more persons employed by or belonging to the same corporation, association, or other organization. Actions or incidents that prevent, obstruct, or delay the performance by a public official, firefighter, rescuer, emergency medical services person, or emergency facility person of any authorized act within the public official’s, firefighter’s, rescuer’s, emergency medical services person’s, or emergency facility person’s official capacity, or the posting of messages, use of intentionally written or verbal graphic gestures, or receipt of information or data through the use of any form of written communication or an electronic method of remotely transferring information, including, but not limited to, a computer, computer network, computer program, computer system, or telecommunications device, may constitute a “pattern of conduct”. (2) “Mental distress” means any of the following: A. Any mental illness or condition that involves some temporary substantial incapacity; B. Any mental illness or condition that would normally require psychiatric treatment, psychological treatment, or other mental health services, whether or not any person requested or received psychiatric treatment, psychological treatment, or other mental health services. (3) “Emergency medical services person” is the singular of “emergency medical services personnel” as defined in Ohio R.C. 2133.21. (4) “Emergency facility person” is the singular of “emergency facility personnel” as defined in Ohio R.C. 2909.04. (5) “Public official” has the same meaning as in Ohio R.C. 2921.01. (6) “Computer”, “computer network”, “computer program”, “computer system” and “telecommunications device” have the same meanings as in Ohio R.C. 2913.01. (7) “Post a message” means transferring, sending, posting, publishing, disseminating or otherwise communicating, or attempting to transfer, send, post, publish, disseminate or otherwise communication, any message or information, whether truthful or untruthful, about an individual, and whether done under one’s own name, under the name of another, or while impersonating another. (8) “Third person” means, in relation to conduct as described in subsection (a)(2) of this section, an individual who is neither the offender nor the victim of the conduct. (9) “Sexual motivation” has the same meaning as in Ohio R.C. 2971.01. (10) “Organization” includes an entity that is a governmental employer. (11) “Family or household member” means any of the following: A. Any of the following who is residing or has resided with the person against whom the act prohibited in subsection (a)(1) of this section is committed: 1. A spouse, a person living as a spouse, or a former spouse of the person; 2. A parent, a foster parent, or a child of the person, or another person related by consanguinity or affinity to the person; 3. A parent or a child of a spouse, person living as a spouse, or former spouse of the person, or another person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of the person. B. The natural parent of any child of whom the person against whom the act prohibited in subsection (a)(1) of this section is committed is the other natural parent or is the putative other natural parent. (12) “Person living as a spouse” means a person who is living or has lived with the person against whom the act prohibited in subsection (a)(1) of this section is committed in a common law marital relationship, who otherwise is cohabiting with that person, or who otherwise has cohabited with the person within five years prior to the date of the alleged commission of the act in question. (e) The Municipality does not need to prove in a prosecution under this section that a person requested or received psychiatric treatment, psychological treatment, or other mental health services in order to show that the person was caused mental distress as described in subsection (d)(2)B. of this section. (f) (1) This section does not apply to a person solely because the person provided access or connection to or from an electronic method of remotely transferring information not under that person’s control, including having provided capabilities that are incidental to providing access or connection to or from the electronic method of remotely transferring the information, and that do not include the creation of the content of the material that is the subject of the access or connection. In addition, any person providing access or connection to or from an electronic method of remotely transferring information not under that person’s control shall not be liable for any action voluntarily taken in good faith to block the receipt or transmission through its service of any information that it believes is, or will be sent, in violation of this section. (2) Subsection (f)(1) of this section does not create an affirmative duty for any person providing access or connection to or from an electronic method of remotely transferring information not under that person’s control to block the receipt or transmission through its service of any information that it believes is, or will be sent, in violation of this section except as otherwise provided by law. (3) Subsection (f)(1) of this section does not apply to a person who conspires with a person actively involved in the creation or knowing distribution of material in violation of this section or who knowingly advertises the availability of material of that nature. (ORC 2903.211) 537.06 MENACING. (a) (1) No person shall knowingly cause another to believe that the offender will cause physical harm to the person or property of the other person, the other person’s unborn, or a member of the other person’s immediate family. In addition to any other basis for the other person’s belief that the offender will cause physical harm to the person or property of the other person, the other person’s unborn, or a member of the other person’s immediate family, the other person’s belief may be based on words or conduct of the offender that are directed at or identify a corporation, association or other organization that employs the other person or to which the other person belongs. (2) No person shall knowingly place or attempt to place another in reasonable fear of physical harm or death by displaying a deadly weapon, regardless of whether the deadly weapon displayed is operable or inoperable, if either of the following applies: A. The other person is an emergency service responder, the person knows or reasonably should know that the other person is an emergency service responder, and it is the person’s specific purpose to engage in the specified conduct against an emergency service responder. B. The other person is a family or household member or co-worker of an emergency service responder, the person knows or reasonably should know that the other person is a family or household member or co-worker of an emergency service responder, and it is the person’s specific purpose to engage in the specified conduct against a family or household member or co-worker of an emergency service responder. (b) Whoever violates this section is guilty of menacing. Except as otherwise provided in this division, menacing is a misdemeanor of the fourth degree. If the victim of the offense is an officer or employee of a public children services agency or a private child placing agency and the offense relates to the officer’s or employee’s performance or anticipated performance of official responsibilities or duties or if the victim of the offense is an emergency service responder in the performance of the responder’s official duties, menacing is one of the following: (1) Except as otherwise provided in subsection (a)(2)B. of this section, a misdemeanor of the first degree; (2) If the offender previously has been convicted of or pleaded guilty to an offense of violence, the victim of that prior offense was an officer or employee of a public children services agency or private child placing agency or an emergency service responder, and that prior offense related to the officer’s or employee’s performance or anticipated performance of official responsibilities or duties or to the responder’s performance of the responder’s official duties, a felony to be prosecuted under appropriate state law. (c) A prosecution for a violation of subsection (a) of this section does not preclude a prosecution of a violation of any other section of the Ohio Revised Code. One or more acts, a series of acts, or a course of behavior that can be prosecuted under subsection (a) of this section or any other section of the Ohio Revised Code may be prosecuted under subsection (a) of this section, the other section of the Ohio Revised Code, or both sections. However, if an offender is convicted of or pleads guilty to a violation of subsection (a) of this section and also is convicted of or pleads guilty to a violation of Ohio R.C. 2903.13, or any substantially similar municipal ordinance, based on the same conduct involving the same victim that was the basis of the violation of subsection (a) of this section, the offenses are allied offenses of similar import under Ohio R.C. 2941.25. (d) As used in this section: (1) “Co-worker” has the same meaning as in Ohio R.C. 2903.13. (2) “Emergency service responder” has the same meaning as in Ohio R.C. 2903.13. (3) “Family or household member” have the same meanings as in Ohio R.C. 2903.13. (4) “Organization” includes an entity that is a governmental employer. (ORC 2903.22) 537.07 ENDANGERING CHILDREN. (a) No person, who is the parent, guardian, custodian, person having custody or control, or person in loco parentis of a child under eighteen years of age or a child with a mental or physical disability under twenty-one years of age, shall create a substantial risk to the health or safety of the child, by violating a duty of care, protection or support. It is not a violation of a duty of care, protection or support under this subsection when the parent, guardian, custodian or person having custody or control of a child treats the physical or mental illness or disability of the child by spiritual means through prayer alone, in accordance with the tenets of a recognized religious body. (b) No person shall abuse a child under eighteen years of age or a child with a mental or physical disability under twenty-one years of age. (c) (1) No person shall operate a vehicle in violation of Section 333.01(a) of the Traffic Code when one or more children under eighteen years of age are in the vehicle. Notwithstanding any other provision of law, a person may be convicted at the same trial or proceeding of a violation of subsection (c) hereof and a violation of Section 333.01(a) of the Traffic Code that constitutes the basis of the charge of the violation of subsection (c) hereof. For purposes of Ohio R.C. 4511.191 to 4511.197 and all related provisions of law, a person arrested for a violation of subsection (c) hereof shall be considered to be under arrest for operating a vehicle while under the influence of alcohol, a drug of abuse, or a combination of them or for operating a vehicle with a prohibited concentration of alcohol, a controlled substance, or a metabolite of a controlled substance in the whole blood, blood serum or plasma, breath, or urine. (2) As used in subsection (c) hereof: A. “Controlled substance” has the same meaning as in Ohio R.C. 3719.01. B. "Vehicle" has the same meaning as in Ohio R.C. 4511.01. (d) Whoever violates this section is guilty of endangering children. (1) Whoever violates subsection (a) or (b) hereof is guilty of a misdemeanor of the first degree. If the violation results in serious physical harm to the child involved, or if the offender previously has been convicted of an offense under this section, Ohio R.C. 2919.22 or of any offense involving neglect, abandonment, contributing to the delinquency of or physical abuse of a child, endangering children is a felony and shall be prosecuted under appropriate State law. (2) Whoever violates subsection (c) hereof is guilty of a misdemeanor of the first degree. Endangering children is a felony and shall be prosecuted under appropriate State law if either of the following applies: A. The violation results in serious physical harm to the child involved or the offender previously has been convicted of an offense under Ohio R.C. 2919.22 or any offense involving neglect, abandonment, contributing to the delinquency of, or physical abuse of a child. B. The violation results in serious physical harm to the child involved and the offender previously has been convicted of a violation of Ohio R.C. 2919.22(C) or subsection (c) hereof, Ohio R.C. 2903.06, or 2903.08, Section 2903.07 as it existed prior to March 23, 2000, or Ohio R.C. 2903.04 in a case in which the offender was subject to the sanctions described in division (D) of that section. (3) In addition to any term of imprisonment, fine, or other sentence, penalty, or sanction it imposes upon the offender pursuant to subsection (d)(2) hereof, or pursuant to any other provision of law, the court also may impose upon the offender any of the sanctions provided under Ohio R.C. 2919.22(E)(5)(d). (e) (1) If a person violates subsection (c) hereof and if, at the time of the violation, there were two or more children under eighteen years of age in the motor vehicle involved in the violation, the offender may be convicted of a violation of subsection (c) hereof for each of the children, but the court may sentence the offender for only one of the violations. (2) A. If a person is convicted of or pleads guilty to a violation of subsection (c) hereof but the person is not also convicted of and does not also plead guilty to a separate charge charging the violation of Section 333.01(a) of the Traffic Code that was the basis of the charge of the violation of subsection (c) hereof, both of the following apply: 1. For purposes of the provisions of the Traffic Code penalty that set forth the penalties and sanctions for a violation of Section 333.01(a) of the Traffic Code, the conviction of or plea of guilty to the violation of subsection (c) hereof shall not constitute a violation of Section 333.01(a) of the Traffic Code. 2. For purposes of any provision of law that refers to a conviction of or plea of guilty to a violation of Section 333.01(a) of the Traffic Code and that is not described in subsection (e)(2)A.1. hereof, the conviction of or plea of guilty to the violation of subsection (c) hereof shall constitute a conviction of or plea of guilty to a violation of Section 333.01(a) of the Traffic Code. B. If a person is convicted of or pleads guilty to a violation of subsection (c) hereof and the person also is convicted of or pleads guilty to a separate charge charging the violation of Section 333.01(a) of the Traffic Code that was the basis of the charge of the violation of subsection (c) hereof, the conviction of or plea of guilty to the violation of subsection (c) hereof shall not constitute, for purposes of any provision of law that refers to a conviction of or plea of guilty to a violation of Section 333.01(a) of the Traffic Code, a conviction of or plea of guilty to a violation of Section 333.01(a) of the Traffic Code. (ORC 2919.22) 537.08 UNLAWFUL RESTRAINT. (a) No person, without privilege to do so, shall knowingly restrain another of the other person’s liberty. (b) No person, without privilege to do so and with a sexual motivation, shall knowingly restrain another of the other person’s liberty. (c) Whoever violates this section is guilty of unlawful restraint, a misdemeanor of the third degree. (d) As used in this section, “sexual motivation” has the same meaning as in Ohio R.C. 2971.01. (ORC 2905.03) 537.09 COERCION. (a) No person, with purpose to coerce another into taking or refraining from action concerning which the other person has a legal freedom of choice, shall do any of the following: (1) Threaten to commit any offense; (2) Utter or threaten any calumny against any person; (3) Expose or threaten to expose any matter tending to subject any person to hatred, contempt or ridicule, to damage any person’s personal or business repute, or to impair any person’s credit; (4) Institute or threaten criminal proceedings against any person; (5) Take or withhold, or threaten to take or withhold official action, or cause or threaten to cause official action to be taken or withheld. (b) Subsections (a)(4) and (5) hereof shall not be construed to prohibit a prosecutor or court from doing any of the following in good faith and in the interest of justice: (1) Offering or agreeing to grant, or granting immunity from prosecution pursuant to Ohio R.C. 2945.44; (2) In return for a plea of guilty to one or more offenses charged or to one or more other or lesser offenses, or in return for the testimony of the accused in a case to which the accused is not a party, offering or agreeing to dismiss, or dismissing one or more charges pending against an accused, or offering or agreeing to impose, or imposing a certain sentence or modification of sentence; (3) Imposing community control sanction on certain conditions, including without limitation requiring the offender to make restitution or redress to the victim of the offense. (c) It is an affirmative defense to a charge under subsection (a)(3), (4) or (5) hereof that the actor's conduct was a reasonable response to the circumstances that occasioned it, and that the actor’s purpose was limited to any of the following: (1) Compelling another to refrain from misconduct or to desist from further misconduct; (2) Preventing or redressing a wrong or injustice; (3) Preventing another from taking action for which the actor reasonably believed the other person to be disqualified; (4) Compelling another to take action that the actor reasonably believed the other person to be under a duty to take. (d) Whoever violates this section is guilty of coercion, a misdemeanor of the second degree. (e) As used in this section: (1) "Threat" includes a direct threat and a threat by innuendo. (2) “Community control sanction” has the same meaning as in Ohio R.C. 2929.01. (ORC 2905.12) 537.10 TELECOMMUNICATION HARASSMENT. (a) No person shall knowingly make or cause to be made a telecommunication, or knowingly permit telecommunication to be made from a telecommunications device under the person’s control, to another, if the caller does any of the following: (1) Makes the telecommunication with purpose to harass, intimidate, or abuse, any person at the premises to which the telecommunication is made, whether or not actual communication takes place between the caller and a recipient; (2) Describes, suggests, requests, or proposes that the caller, the recipient of the telecommunication, or any other person engage in sexual activity, and the recipient or another person at the premises to which the telecommunication is made has requested, in a previous telecommunication or in the immediate telecommunication, that the caller not make a telecommunication to the recipient or to the premises to which the telecommunication is made; (3) During the telecommunication, violates Ohio R.C. 2903.21; (4) Knowingly states to the recipient of the telecommunication that the caller intends to cause damage to or destroy public or private property, and the recipient, any member of the recipient’s family, or any other person who resides at the premises to which the telecommunication is made owns, leases, resides, or works in, will at the time of the destruction or damaging be near or in, has the responsibility of protecting, or insures the property that will be destroyed or damaged; (5) Knowingly makes the telecommunication to the recipient of the telecommunication, to another person at the premises to which the telecommunication is made, or to those premises, and the recipient or another person at those premises previously has told the caller not to make a telecommunication to those premises or to any person at those premises. (6) Knowingly makes any comment, request, suggestion, or proposal to the recipient of the telecommunication that is threatening, intimidating, menacing, coercive, or obscene with the intent to abuse, threaten or harass the recipient; (7) Without a lawful business purpose, knowingly interrupts the telecommunication service of any person; (8) Without a lawful business purpose, knowingly transmits to any person, regardless of whether the telecommunication is heard in its entirety, any file, document or other communication that prevents that person from using the person’s telephone service or electronic communication device; (9) Knowingly makes any false statement concerning the death, injury, illness, disfigurement, reputation, indecent conduct, or criminal conduct of the recipient of the telecommunication or family or household member of the recipient with purpose to abuse, threaten, intimidate, or harass the recipient; (10) Knowingly incites another person through a telecommunication or other means to harass or participate in the harassment of a person; (11) Knowingly alarms the recipient by making a telecommunication without a lawful purpose at an hour or hours known to be inconvenient to the recipient and in an offensive or repetitive manner. (b) (1) No person shall make or cause to be made a telecommunication, or permit a telecommunication to be made from a telecommunications device under the person’s control, with purpose to abuse, threaten, or harass another person. (2) No person shall knowingly post a text or audio statement or an image on an internet web site or web page for the purpose of abusing, threatening, or harassing another person. (c) (1) Whoever violates this section is guilty of telecommunication harassment. (2) A violation of subsections (a)(1), (2), (3), (5), (6), (7), (8), (9), (10), or (11) or (b) hereof is a misdemeanor of the first degree on a first offense. Each subsequent offense is a felony and shall be prosecuted under appropriate State law. (3) Whoever violates subsection (a)(4) hereof is guilty of a misdemeanor of the first degree for a first offense. For each subsequent offense or if a violation of subsection (a)(4) hereof results in economic harm of one thousand dollars ($1,000) or more, a violation of subsection (a)(4) hereof is a felony and shall be prosecuted under appropriate State law. (d) No cause of action may be asserted in any court of this State against any provider of a telecommunications service, interactive computer service as defined in Section 230 of Title 47 of the United States Code, or information service, or against any officer, employee, or agent of a telecommunication service, interactive computer service as defined in Section 230 of Title 47 of the United States Code, or information service, for any injury, death, or loss to person or property that allegedly arises out of the provider’s, officer’s, employee’s, or agent’s provision of information, facilities, or assistance in accordance with the terms of a court order that is issued in relation to the investigation or prosecution of an alleged violation of this section. A provider of a telecommunications service, interactive computer service as defined in Section 230 of Title 47 of the United States Code, or information service, or an officer, employee, or agent of a telecommunications service, interactive computer service as defined in Section 230 of Title 47 of the United States Code, of information service, is immune from any civil or criminal liability for injury, death, or loss to person or property that allegedly arises out of the provider’s, officer’s, employee’s, or agent’s provision of information, facilities, or assistance in accordance with the terms of a court order that is issued in relation to the investigation or prosecution of an alleged violation of this section. (e) (1) This section does not apply to a person solely because the person provided access or connection to or from an electronic method of remotely transferring information not under that person’s control, including having provided capabilities that are incidental to providing access or connection to or from the electronic method of remotely transferring the information, and that do not include the creation of the content of the material that is the subject of the access or connection. In addition, any person providing access or connection to or from an electric method of remotely transferring information not under that person’s control shall not be liable for any action voluntarily taken in good faith to block the receipt or transmission through its service of any information that the person believes is, or will be sent, in violation of this section. (2) Subsection (e)(1) of this section does not create an affirmative duty for any person providing access or connection to or from an electronic method of remotely transferring information not under that person’s control to block the receipt or transmission through its service of any information that it believes is, or will be sent, in violation of this section except as otherwise provided by law. (3) Subsection (e)(1) of this section does not apply to a person who conspires with a person actively involved in the creation or knowing distribution of material in violation of this section or who knowingly advertises the availability of material of that nature. (4) A provider or user of an interactive computer service, as defined in Section 230 of Title 47 of the United States Code, shall neither be treated as the publisher or speaker of any information provided by another information content provider, as defined in Section 230 of Title 47 of the United States Code, nor held civilly or criminally liable for the creation or development of information provided by another information content provider, as defined in Section 230 of Title 47 of the United States Code. Nothing in this subsection shall be construed to protect a person from liability to the extent that the person developed or created any content in violation of this section. (f) Subsections (a)(5) to (11) and (b)(2) of this section do not apply to a person who, while employed or contracted by a newspaper, magazine, press association, news agency, news wire service, cable channel or cable operator, or radio or television station, is gathering, processing, transmitting, compiling, editing or disseminating information for the general public, within the scope of the person’s employment in that capacity or the person’s contractual authority in that capacity. (g) As used in this section: (1) “Economic harm” means all direct, incidental, and consequential pecuniary harm suffered by a victim as a result of criminal conduct. “Economic harm” includes, but is not limited to, all of the following: A. All wages, salaries, or other compensation lost as a result of the criminal conduct; B. The cost of all wages, salaries or other compensation paid to employees for time those employees are prevented from working as a result of the criminal conduct; C. The overhead costs incurred for the time that a business is shut down as a result of the criminal conduct; D. The loss of value to tangible or intangible property that was damaged as a result of the criminal conduct. (2) “Caller” means the person described in subsection (a) hereof who makes or causes to be made a telecommunication or who permits a telecommunication to be made from a telecommunications device under that person’s control. (3) “Telecommunication” and “telecommunications device” have the same meanings as in Ohio R.C. 2913.01. (4) “Sexual activity” has the same meaning as in Ohio R.C. 2907.01. (5) “Family or household member” means any of the following: A. Any of the following who is residing or has resided with the recipient of the telecommunication against whom the act prohibited in subsection (a)(9) of this section is committed: 1. A spouse, a person living as a spouse, or a former spouse of the recipient; 2. A parent, a foster parent, or a child of the recipient, or another person related by consanguinity or affinity to the recipient; 3.. A parent or a child of a spouse, person living as a spouse, or former spouse of the recipient, or anther person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of the recipient. B. The natural parent of any child of whom the recipient of the telecommunication against whom the act prohibited in subsection (a)(9) of this section is committed is the other natural parent or is the putative other natural parent. (6) “Person living as a spouse” means a person who is living or has lived with the recipient of the telecommunication against whom the act prohibited in subsection (a)(9) of this section is committed in a common law marital relationship, who otherwise is cohabiting with the recipient, or who otherwise has cohabited with the recipient within five years prior to the date of the alleged commission of the act in question. (7) “Cable operator” has the same meaning as in Ohio R.C. 1332.21. (h) Nothing in this section prohibits a person from making a telecommunication call to a debtor that is in compliance with the “Fair Debt Collection Practices Act”, 91 Stat. 874 (1977), 15 U.S.C. 1692, as amended, or the “Telephone Consumer Protection Act”, 105 Stat. 2395 (1991), 47 U.S.C. 227, as amended. (ORC 2917.21) Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588. Hosted by: American Legal Publishing Back to Code Library Previous Doc Next Doc 0 items available --- ## Detected legislative history - Ordinances of Sheffield Lake, OH - ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO - ORDINANCE NO. 116-84 - ORDINANCES OF SHEFFIELD LAKE - orderly Conduct and Peace Disturbance - ORDER - ordinance, based on the same conduct involving the same victim that was the basis of the violation of subsections (a) or (b) of this section, the offenses are allied offenses of similar imp - ordance with Ohio R - ord of this State and who has the powers and may perform the functions specified in Civil Rule 53, Criminal Rule 19, or Juvenile Rule 40, or an individual who is appointed by a United - amended, and providing twenty-four-hour nursing care pursuant to the exemption in division (E) of Ohio R - ordnance as defined in Section 549 - ords or conduct of the offender that are directed at or identify a corporation, association or other organization that employs the other person or to which the other person belongs - order issued under Ohio R - order is the victim of the offense or another person - order to show that the person was caused mental distress as described in subsection (d)(2)B - ordinance, based on the same conduct involving the same victim that was the basis of the violation of subsection (a) of this section, the offenses are allied offenses of similar import unde - ordance with the tenets of a recognized religious body - ordance with the terms of a court order that is issued in relation to the investigation or prosecution of an alleged violation of this section - amended, or the “Telephone Consumer Protection Act”, 105 Stat - amended - Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality - Ordinances should be consulted prior to any action being taken - Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588 --- *Imported automatically by MunicipalWiki. The original publisher remains the authoritative source pending legal normalization and verification.* # 537.06 MENACING. # 537.06 MENACING.
Document typesection
Identifier537.06
Citation§ 537.06
Ordinances detectedS, 116-84, ER, INANCE
Dates detectedMarch 23, 2000
Original source[American Legal Publishing](https://codelibrary.amlegal.com/codes/sheffieldlake/latest/sheffieldlake_oh/0-0-0-11745)
Content hash`daee3a498ee031597a36a875c4eb43503b4c3f39071be574d1f68c08630694dd`
--- Skip to main content Search Sitemap Login Select Language Resources Skip to code content (skip section selection) 2025-04 (current) Sheffield Lake Overview Codified Ordinances of Sheffield Lake, OH CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO CERTIFICATION ROSTER OF OFFICIALS ADOPTING ORDINANCE NO. 116-84 COMPARATIVE SECTION TABLE TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE CHARTER PART ONE - ADMINISTRATIVE CODE PART THREE - TRAFFIC CODE PART FIVE - GENERAL OFFENSES CODE CHAPTER 501 General Provisions and Penalty CHAPTER 505 Animals and Fowl CHAPTER 509 Disorderly Conduct and Peace Disturbance CHAPTER 513 Drug Abuse Control CHAPTER 517 Gambling CHAPTER 521 Health, Safety and Sanitation CHAPTER 525 Law Enforcement and Public Office CHAPTER 529 Liquor Control CHAPTER 531 Noise Control CHAPTER 533 Obscenity and Sex Offenses CHAPTER 537 Offenses Against Persons 537.01 NEGLIGENT HOMICIDE. 537.02 VEHICULAR HOMICIDE AND MANSLAUGHTER. 537.021 VEHICULAR ASSAULT IN A CONSTRUCTION ZONE. 537.03 ASSAULT. 537.04 NEGLIGENT ASSAULT. 537.05 AGGRAVATED MENACING. 537.051 MENACING BY STALKING. 537.06 MENACING. 537.07 ENDANGERING CHILDREN. 537.08 UNLAWFUL RESTRAINT. 537.09 COERCION. 537.10 TELECOMMUNICATION HARASSMENT. 537.11 THREATENING OR HARASSING TELEPHONE CALLS. 537.12 MISUSE OF 9-1-1 SYSTEM. 537.13 ADULTERATING OF OR FURNISHING ADULTERATED FOOD OR CONFECTION. 537.14 DOMESTIC VIOLENCE. 537.15 ANNOYING BUILDING OCCUPANTS. 537.16 MOLESTING OR INSULTING PERSONS. 537.17 TEMPORARY PROTECTION ORDER. 537.18 ILLEGAL DISTRIBUTION OF CIGARETTES, OTHER TOBACCO PRODUCTS, OR ALTERNATE NICOTINE PRODUCTS; TRANSACTION SCANS. 537.19 RESERVED. 537.20 CONTRIBUTING TO UNRULINESS OR DELINQUENCY OF A CHILD. 537.21 HAZING PROHIBITED. 537.22 ILLEGAL USE OF A TRACKING DEVICE OR APPLICATION. 537.99 PENALTY. CHAPTER 541 Property Offenses CHAPTER 545 Theft and Fraud CHAPTER 549 Weapons and Explosives CHAPTER 553 Railroads CHAPTER 557 Watercraft CHAPTER 561 Weeds and Grass PART SEVEN - BUSINESS REGULATION CODE PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE PART ELEVEN - PLANNING AND ZONING CODE PART THIRTEEN - BUILDING CODE PART FIFTEEN - FIRE PREVENTION CODE OH Sheffield Lake Codified Ordinances of Sheffield Lake, OH 537.06 MENACING. CHAPTER 537 Offenses Against Persons 537.051 MENACING BY STALKING. (a) (1) No person by engaging in a pattern of conduct shall knowingly cause another person to believe that the offender will cause physical harm to the other person or a family or household member of the other person or cause mental distress to the other person or a family or household member of the other person. In addition to any other basis for the other person’s belief that the offender will cause physical harm to the other person or the other person’s family or household member or mental distress to the other person or the other person’s family or household member, the other person’s belief or mental distress may be based on words or conduct of the offender that are directed at or identify a corporation, association or other organization that employs the other person or to which the other person belongs. (2) No person, through the use of any form of written communication or any electronic method of remotely transferring information, including, but not limited to, any computer, computer network, computer program, computer system or telecommunication device shall post a message or use any intentionally written or verbal graphic gesture with purpose to do either of the following: A. Violate subsection (a)(1) of this section; B. Urge or incite another to commit a violation of subsection (a)(1) of this section. (3) No person, with sexual motivation, shall violate subsection (a)(1) or (2) of this section. (b) Whoever violates this section is guilty of menacing by stalking. (1) Except as otherwise provided in subsections (b)(2) and (3) of this section, menacing by stalking is a misdemeanor of the first degree. (2) Menacing by stalking is a felony and shall be prosecuted under appropriate State law if any of the following applies: A. The offender previously has been convicted of or pleaded guilty to a violation of this section or a violation of Section 541.051. B. In committing the offense under subsection (a)(1), (2), or (3) of this section, the offender made a threat of physical harm to or against the victim, or as a result of an offense committed under subsection (a)(2) or (3) of this section, a third person induced by the offender’s posted message made a threat of physical harm to or against the victim. C. In committing the offense under subsection (a)(1), (2), or (3) of this section, the offender trespassed on the land or premises where the victim lives, is employed, or attends school, or as a result of an offense committed under subsection (a)(2) or (3) of this section, a third person induced by the offender’s posted message trespassed on the land or premises where the victim lives, is employed, or attends school. D. The victim of the offense is a minor. E. The offender has a history of violence toward the victim or any other person or a history of other violent acts toward the victim or any other person. F. While committing the offense under subsection (a)(1) of this section or a violation of subsection (a)(3) of this section is based on conduct in violation of subsection (a)(1) of this section, the offender had a deadly weapon on or about the offender’s person or under the offender’s control. Subsection (b)(2)F. of this section does not apply in determining the penalty for a violation of subsection (a)(2) of this section or a violation of subsection (a)(3) of this section based on conduct in violation of subsection (a)(1) of this section. G. At the time of the commission of the offense, the offender was the subject of a protection order issued under Ohio R.C. 2903.213 or 2903.214, regardless of whether the person to be protected under the order is the victim of the offense or another person. H. In committing the offense under subsection (a)(1), (2), or (3) of this section, the offender caused serious physical harm to the premises at which the victim resides, to the real property on which that premises is located, or to any personal property located on that premises, or as a result of an offense committed under subsection (a)(2) of this section, or an offense committed under subsection (a)(3) of this section based on a violation of subsection (a)(2) of this section, a third person induced by the offender’s posted message caused serious physical harm to that premises, that real property, or any personal property on that premises. I. Prior to committing the offense, the offender had been determined to represent a substantial risk of physical harm to others as manifested by evidence of then-recent homicidal or other violent behavior, evidence of then-recent threats that placed another in reasonable fear of violent behavior and serious physical harm, or other evidence of then-present dangerousness. (3) If the victim of the offense is an officer or employee of a public children services agency or a private child placing agency and the offense relates to the officer’s or employee’s performance or anticipated performance of official responsibilities or duties, or, if the offender previously has been convicted of or pleaded guilty to an offense of violence, the victim of that prior offense was an officer or employee of a public children services agency or private child placing agency, and that prior offense related to the officer’s or employee’s performance or anticipated performance of official responsibilities, or duties, menacing by stalking is a felony and shall be prosecuted under appropriate State law. (c) Ohio R.C. 2919.271 applies in relation to a defendant charged with a violation of this section. (d) As used in this section: (1) “Pattern of conduct” means two or more actions or incidents closely related in time, whether or not there has been a prior conviction based on any of those actions or incidents, or two or more actions or incidents closely related in time, whether or not there has been a prior conviction based on any of those actions or incidents, directed at one or more persons employed by or belonging to the same corporation, association, or other organization. Actions or incidents that prevent, obstruct, or delay the performance by a public official, firefighter, rescuer, emergency medical services person, or emergency facility person of any authorized act within the public official’s, firefighter’s, rescuer’s, emergency medical services person’s, or emergency facility person’s official capacity, or the posting of messages, use of intentionally written or verbal graphic gestures, or receipt of information or data through the use of any form of written communication or an electronic method of remotely transferring information, including, but not limited to, a computer, computer network, computer program, computer system, or telecommunications device, may constitute a “pattern of conduct”. (2) “Mental distress” means any of the following: A. Any mental illness or condition that involves some temporary substantial incapacity; B. Any mental illness or condition that would normally require psychiatric treatment, psychological treatment, or other mental health services, whether or not any person requested or received psychiatric treatment, psychological treatment, or other mental health services. (3) “Emergency medical services person” is the singular of “emergency medical services personnel” as defined in Ohio R.C. 2133.21. (4) “Emergency facility person” is the singular of “emergency facility personnel” as defined in Ohio R.C. 2909.04. (5) “Public official” has the same meaning as in Ohio R.C. 2921.01. (6) “Computer”, “computer network”, “computer program”, “computer system” and “telecommunications device” have the same meanings as in Ohio R.C. 2913.01. (7) “Post a message” means transferring, sending, posting, publishing, disseminating or otherwise communicating, or attempting to transfer, send, post, publish, disseminate or otherwise communication, any message or information, whether truthful or untruthful, about an individual, and whether done under one’s own name, under the name of another, or while impersonating another. (8) “Third person” means, in relation to conduct as described in subsection (a)(2) of this section, an individual who is neither the offender nor the victim of the conduct. (9) “Sexual motivation” has the same meaning as in Ohio R.C. 2971.01. (10) “Organization” includes an entity that is a governmental employer. (11) “Family or household member” means any of the following: A. Any of the following who is residing or has resided with the person against whom the act prohibited in subsection (a)(1) of this section is committed: 1. A spouse, a person living as a spouse, or a former spouse of the person; 2. A parent, a foster parent, or a child of the person, or another person related by consanguinity or affinity to the person; 3. A parent or a child of a spouse, person living as a spouse, or former spouse of the person, or another person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of the person. B. The natural parent of any child of whom the person against whom the act prohibited in subsection (a)(1) of this section is committed is the other natural parent or is the putative other natural parent. (12) “Person living as a spouse” means a person who is living or has lived with the person against whom the act prohibited in subsection (a)(1) of this section is committed in a common law marital relationship, who otherwise is cohabiting with that person, or who otherwise has cohabited with the person within five years prior to the date of the alleged commission of the act in question. (e) The Municipality does not need to prove in a prosecution under this section that a person requested or received psychiatric treatment, psychological treatment, or other mental health services in order to show that the person was caused mental distress as described in subsection (d)(2)B. of this section. (f) (1) This section does not apply to a person solely because the person provided access or connection to or from an electronic method of remotely transferring information not under that person’s control, including having provided capabilities that are incidental to providing access or connection to or from the electronic method of remotely transferring the information, and that do not include the creation of the content of the material that is the subject of the access or connection. In addition, any person providing access or connection to or from an electronic method of remotely transferring information not under that person’s control shall not be liable for any action voluntarily taken in good faith to block the receipt or transmission through its service of any information that it believes is, or will be sent, in violation of this section. (2) Subsection (f)(1) of this section does not create an affirmative duty for any person providing access or connection to or from an electronic method of remotely transferring information not under that person’s control to block the receipt or transmission through its service of any information that it believes is, or will be sent, in violation of this section except as otherwise provided by law. (3) Subsection (f)(1) of this section does not apply to a person who conspires with a person actively involved in the creation or knowing distribution of material in violation of this section or who knowingly advertises the availability of material of that nature. (ORC 2903.211) 537.06 MENACING. (a) (1) No person shall knowingly cause another to believe that the offender will cause physical harm to the person or property of the other person, the other person’s unborn, or a member of the other person’s immediate family. In addition to any other basis for the other person’s belief that the offender will cause physical harm to the person or property of the other person, the other person’s unborn, or a member of the other person’s immediate family, the other person’s belief may be based on words or conduct of the offender that are directed at or identify a corporation, association or other organization that employs the other person or to which the other person belongs. (2) No person shall knowingly place or attempt to place another in reasonable fear of physical harm or death by displaying a deadly weapon, regardless of whether the deadly weapon displayed is operable or inoperable, if either of the following applies: A. The other person is an emergency service responder, the person knows or reasonably should know that the other person is an emergency service responder, and it is the person’s specific purpose to engage in the specified conduct against an emergency service responder. B. The other person is a family or household member or co-worker of an emergency service responder, the person knows or reasonably should know that the other person is a family or household member or co-worker of an emergency service responder, and it is the person’s specific purpose to engage in the specified conduct against a family or household member or co-worker of an emergency service responder. (b) Whoever violates this section is guilty of menacing. Except as otherwise provided in this division, menacing is a misdemeanor of the fourth degree. If the victim of the offense is an officer or employee of a public children services agency or a private child placing agency and the offense relates to the officer’s or employee’s performance or anticipated performance of official responsibilities or duties or if the victim of the offense is an emergency service responder in the performance of the responder’s official duties, menacing is one of the following: (1) Except as otherwise provided in subsection (a)(2)B. of this section, a misdemeanor of the first degree; (2) If the offender previously has been convicted of or pleaded guilty to an offense of violence, the victim of that prior offense was an officer or employee of a public children services agency or private child placing agency or an emergency service responder, and that prior offense related to the officer’s or employee’s performance or anticipated performance of official responsibilities or duties or to the responder’s performance of the responder’s official duties, a felony to be prosecuted under appropriate state law. (c) A prosecution for a violation of subsection (a) of this section does not preclude a prosecution of a violation of any other section of the Ohio Revised Code. One or more acts, a series of acts, or a course of behavior that can be prosecuted under subsection (a) of this section or any other section of the Ohio Revised Code may be prosecuted under subsection (a) of this section, the other section of the Ohio Revised Code, or both sections. However, if an offender is convicted of or pleads guilty to a violation of subsection (a) of this section and also is convicted of or pleads guilty to a violation of Ohio R.C. 2903.13, or any substantially similar municipal ordinance, based on the same conduct involving the same victim that was the basis of the violation of subsection (a) of this section, the offenses are allied offenses of similar import under Ohio R.C. 2941.25. (d) As used in this section: (1) “Co-worker” has the same meaning as in Ohio R.C. 2903.13. (2) “Emergency service responder” has the same meaning as in Ohio R.C. 2903.13. (3) “Family or household member” have the same meanings as in Ohio R.C. 2903.13. (4) “Organization” includes an entity that is a governmental employer. (ORC 2903.22) 537.07 ENDANGERING CHILDREN. (a) No person, who is the parent, guardian, custodian, person having custody or control, or person in loco parentis of a child under eighteen years of age or a child with a mental or physical disability under twenty-one years of age, shall create a substantial risk to the health or safety of the child, by violating a duty of care, protection or support. It is not a violation of a duty of care, protection or support under this subsection when the parent, guardian, custodian or person having custody or control of a child treats the physical or mental illness or disability of the child by spiritual means through prayer alone, in accordance with the tenets of a recognized religious body. (b) No person shall abuse a child under eighteen years of age or a child with a mental or physical disability under twenty-one years of age. (c) (1) No person shall operate a vehicle in violation of Section 333.01(a) of the Traffic Code when one or more children under eighteen years of age are in the vehicle. Notwithstanding any other provision of law, a person may be convicted at the same trial or proceeding of a violation of subsection (c) hereof and a violation of Section 333.01(a) of the Traffic Code that constitutes the basis of the charge of the violation of subsection (c) hereof. For purposes of Ohio R.C. 4511.191 to 4511.197 and all related provisions of law, a person arrested for a violation of subsection (c) hereof shall be considered to be under arrest for operating a vehicle while under the influence of alcohol, a drug of abuse, or a combination of them or for operating a vehicle with a prohibited concentration of alcohol, a controlled substance, or a metabolite of a controlled substance in the whole blood, blood serum or plasma, breath, or urine. (2) As used in subsection (c) hereof: A. “Controlled substance” has the same meaning as in Ohio R.C. 3719.01. B. "Vehicle" has the same meaning as in Ohio R.C. 4511.01. (d) Whoever violates this section is guilty of endangering children. (1) Whoever violates subsection (a) or (b) hereof is guilty of a misdemeanor of the first degree. If the violation results in serious physical harm to the child involved, or if the offender previously has been convicted of an offense under this section, Ohio R.C. 2919.22 or of any offense involving neglect, abandonment, contributing to the delinquency of or physical abuse of a child, endangering children is a felony and shall be prosecuted under appropriate State law. (2) Whoever violates subsection (c) hereof is guilty of a misdemeanor of the first degree. Endangering children is a felony and shall be prosecuted under appropriate State law if either of the following applies: A. The violation results in serious physical harm to the child involved or the offender previously has been convicted of an offense under Ohio R.C. 2919.22 or any offense involving neglect, abandonment, contributing to the delinquency of, or physical abuse of a child. B. The violation results in serious physical harm to the child involved and the offender previously has been convicted of a violation of Ohio R.C. 2919.22(C) or subsection (c) hereof, Ohio R.C. 2903.06, or 2903.08, Section 2903.07 as it existed prior to March 23, 2000, or Ohio R.C. 2903.04 in a case in which the offender was subject to the sanctions described in division (D) of that section. (3) In addition to any term of imprisonment, fine, or other sentence, penalty, or sanction it imposes upon the offender pursuant to subsection (d)(2) hereof, or pursuant to any other provision of law, the court also may impose upon the offender any of the sanctions provided under Ohio R.C. 2919.22(E)(5)(d). (e) (1) If a person violates subsection (c) hereof and if, at the time of the violation, there were two or more children under eighteen years of age in the motor vehicle involved in the violation, the offender may be convicted of a violation of subsection (c) hereof for each of the children, but the court may sentence the offender for only one of the violations. (2) A. If a person is convicted of or pleads guilty to a violation of subsection (c) hereof but the person is not also convicted of and does not also plead guilty to a separate charge charging the violation of Section 333.01(a) of the Traffic Code that was the basis of the charge of the violation of subsection (c) hereof, both of the following apply: 1. For purposes of the provisions of the Traffic Code penalty that set forth the penalties and sanctions for a violation of Section 333.01(a) of the Traffic Code, the conviction of or plea of guilty to the violation of subsection (c) hereof shall not constitute a violation of Section 333.01(a) of the Traffic Code. 2. For purposes of any provision of law that refers to a conviction of or plea of guilty to a violation of Section 333.01(a) of the Traffic Code and that is not described in subsection (e)(2)A.1. hereof, the conviction of or plea of guilty to the violation of subsection (c) hereof shall constitute a conviction of or plea of guilty to a violation of Section 333.01(a) of the Traffic Code. B. If a person is convicted of or pleads guilty to a violation of subsection (c) hereof and the person also is convicted of or pleads guilty to a separate charge charging the violation of Section 333.01(a) of the Traffic Code that was the basis of the charge of the violation of subsection (c) hereof, the conviction of or plea of guilty to the violation of subsection (c) hereof shall not constitute, for purposes of any provision of law that refers to a conviction of or plea of guilty to a violation of Section 333.01(a) of the Traffic Code, a conviction of or plea of guilty to a violation of Section 333.01(a) of the Traffic Code. (ORC 2919.22) 537.08 UNLAWFUL RESTRAINT. (a) No person, without privilege to do so, shall knowingly restrain another of the other person’s liberty. (b) No person, without privilege to do so and with a sexual motivation, shall knowingly restrain another of the other person’s liberty. (c) Whoever violates this section is guilty of unlawful restraint, a misdemeanor of the third degree. (d) As used in this section, “sexual motivation” has the same meaning as in Ohio R.C. 2971.01. (ORC 2905.03) 537.09 COERCION. (a) No person, with purpose to coerce another into taking or refraining from action concerning which the other person has a legal freedom of choice, shall do any of the following: (1) Threaten to commit any offense; (2) Utter or threaten any calumny against any person; (3) Expose or threaten to expose any matter tending to subject any person to hatred, contempt or ridicule, to damage any person’s personal or business repute, or to impair any person’s credit; (4) Institute or threaten criminal proceedings against any person; (5) Take or withhold, or threaten to take or withhold official action, or cause or threaten to cause official action to be taken or withheld. (b) Subsections (a)(4) and (5) hereof shall not be construed to prohibit a prosecutor or court from doing any of the following in good faith and in the interest of justice: (1) Offering or agreeing to grant, or granting immunity from prosecution pursuant to Ohio R.C. 2945.44; (2) In return for a plea of guilty to one or more offenses charged or to one or more other or lesser offenses, or in return for the testimony of the accused in a case to which the accused is not a party, offering or agreeing to dismiss, or dismissing one or more charges pending against an accused, or offering or agreeing to impose, or imposing a certain sentence or modification of sentence; (3) Imposing community control sanction on certain conditions, including without limitation requiring the offender to make restitution or redress to the victim of the offense. (c) It is an affirmative defense to a charge under subsection (a)(3), (4) or (5) hereof that the actor's conduct was a reasonable response to the circumstances that occasioned it, and that the actor’s purpose was limited to any of the following: (1) Compelling another to refrain from misconduct or to desist from further misconduct; (2) Preventing or redressing a wrong or injustice; (3) Preventing another from taking action for which the actor reasonably believed the other person to be disqualified; (4) Compelling another to take action that the actor reasonably believed the other person to be under a duty to take. (d) Whoever violates this section is guilty of coercion, a misdemeanor of the second degree. (e) As used in this section: (1) "Threat" includes a direct threat and a threat by innuendo. (2) “Community control sanction” has the same meaning as in Ohio R.C. 2929.01. (ORC 2905.12) 537.10 TELECOMMUNICATION HARASSMENT. (a) No person shall knowingly make or cause to be made a telecommunication, or knowingly permit telecommunication to be made from a telecommunications device under the person’s control, to another, if the caller does any of the following: (1) Makes the telecommunication with purpose to harass, intimidate, or abuse, any person at the premises to which the telecommunication is made, whether or not actual communication takes place between the caller and a recipient; (2) Describes, suggests, requests, or proposes that the caller, the recipient of the telecommunication, or any other person engage in sexual activity, and the recipient or another person at the premises to which the telecommunication is made has requested, in a previous telecommunication or in the immediate telecommunication, that the caller not make a telecommunication to the recipient or to the premises to which the telecommunication is made; (3) During the telecommunication, violates Ohio R.C. 2903.21; (4) Knowingly states to the recipient of the telecommunication that the caller intends to cause damage to or destroy public or private property, and the recipient, any member of the recipient’s family, or any other person who resides at the premises to which the telecommunication is made owns, leases, resides, or works in, will at the time of the destruction or damaging be near or in, has the responsibility of protecting, or insures the property that will be destroyed or damaged; (5) Knowingly makes the telecommunication to the recipient of the telecommunication, to another person at the premises to which the telecommunication is made, or to those premises, and the recipient or another person at those premises previously has told the caller not to make a telecommunication to those premises or to any person at those premises. (6) Knowingly makes any comment, request, suggestion, or proposal to the recipient of the telecommunication that is threatening, intimidating, menacing, coercive, or obscene with the intent to abuse, threaten or harass the recipient; (7) Without a lawful business purpose, knowingly interrupts the telecommunication service of any person; (8) Without a lawful business purpose, knowingly transmits to any person, regardless of whether the telecommunication is heard in its entirety, any file, document or other communication that prevents that person from using the person’s telephone service or electronic communication device; (9) Knowingly makes any false statement concerning the death, injury, illness, disfigurement, reputation, indecent conduct, or criminal conduct of the recipient of the telecommunication or family or household member of the recipient with purpose to abuse, threaten, intimidate, or harass the recipient; (10) Knowingly incites another person through a telecommunication or other means to harass or participate in the harassment of a person; (11) Knowingly alarms the recipient by making a telecommunication without a lawful purpose at an hour or hours known to be inconvenient to the recipient and in an offensive or repetitive manner. (b) (1) No person shall make or cause to be made a telecommunication, or permit a telecommunication to be made from a telecommunications device under the person’s control, with purpose to abuse, threaten, or harass another person. (2) No person shall knowingly post a text or audio statement or an image on an internet web site or web page for the purpose of abusing, threatening, or harassing another person. (c) (1) Whoever violates this section is guilty of telecommunication harassment. (2) A violation of subsections (a)(1), (2), (3), (5), (6), (7), (8), (9), (10), or (11) or (b) hereof is a misdemeanor of the first degree on a first offense. Each subsequent offense is a felony and shall be prosecuted under appropriate State law. (3) Whoever violates subsection (a)(4) hereof is guilty of a misdemeanor of the first degree for a first offense. For each subsequent offense or if a violation of subsection (a)(4) hereof results in economic harm of one thousand dollars ($1,000) or more, a violation of subsection (a)(4) hereof is a felony and shall be prosecuted under appropriate State law. (d) No cause of action may be asserted in any court of this State against any provider of a telecommunications service, interactive computer service as defined in Section 230 of Title 47 of the United States Code, or information service, or against any officer, employee, or agent of a telecommunication service, interactive computer service as defined in Section 230 of Title 47 of the United States Code, or information service, for any injury, death, or loss to person or property that allegedly arises out of the provider’s, officer’s, employee’s, or agent’s provision of information, facilities, or assistance in accordance with the terms of a court order that is issued in relation to the investigation or prosecution of an alleged violation of this section. A provider of a telecommunications service, interactive computer service as defined in Section 230 of Title 47 of the United States Code, or information service, or an officer, employee, or agent of a telecommunications service, interactive computer service as defined in Section 230 of Title 47 of the United States Code, of information service, is immune from any civil or criminal liability for injury, death, or loss to person or property that allegedly arises out of the provider’s, officer’s, employee’s, or agent’s provision of information, facilities, or assistance in accordance with the terms of a court order that is issued in relation to the investigation or prosecution of an alleged violation of this section. (e) (1) This section does not apply to a person solely because the person provided access or connection to or from an electronic method of remotely transferring information not under that person’s control, including having provided capabilities that are incidental to providing access or connection to or from the electronic method of remotely transferring the information, and that do not include the creation of the content of the material that is the subject of the access or connection. In addition, any person providing access or connection to or from an electric method of remotely transferring information not under that person’s control shall not be liable for any action voluntarily taken in good faith to block the receipt or transmission through its service of any information that the person believes is, or will be sent, in violation of this section. (2) Subsection (e)(1) of this section does not create an affirmative duty for any person providing access or connection to or from an electronic method of remotely transferring information not under that person’s control to block the receipt or transmission through its service of any information that it believes is, or will be sent, in violation of this section except as otherwise provided by law. (3) Subsection (e)(1) of this section does not apply to a person who conspires with a person actively involved in the creation or knowing distribution of material in violation of this section or who knowingly advertises the availability of material of that nature. (4) A provider or user of an interactive computer service, as defined in Section 230 of Title 47 of the United States Code, shall neither be treated as the publisher or speaker of any information provided by another information content provider, as defined in Section 230 of Title 47 of the United States Code, nor held civilly or criminally liable for the creation or development of information provided by another information content provider, as defined in Section 230 of Title 47 of the United States Code. Nothing in this subsection shall be construed to protect a person from liability to the extent that the person developed or created any content in violation of this section. (f) Subsections (a)(5) to (11) and (b)(2) of this section do not apply to a person who, while employed or contracted by a newspaper, magazine, press association, news agency, news wire service, cable channel or cable operator, or radio or television station, is gathering, processing, transmitting, compiling, editing or disseminating information for the general public, within the scope of the person’s employment in that capacity or the person’s contractual authority in that capacity. (g) As used in this section: (1) “Economic harm” means all direct, incidental, and consequential pecuniary harm suffered by a victim as a result of criminal conduct. “Economic harm” includes, but is not limited to, all of the following: A. All wages, salaries, or other compensation lost as a result of the criminal conduct; B. The cost of all wages, salaries or other compensation paid to employees for time those employees are prevented from working as a result of the criminal conduct; C. The overhead costs incurred for the time that a business is shut down as a result of the criminal conduct; D. The loss of value to tangible or intangible property that was damaged as a result of the criminal conduct. (2) “Caller” means the person described in subsection (a) hereof who makes or causes to be made a telecommunication or who permits a telecommunication to be made from a telecommunications device under that person’s control. (3) “Telecommunication” and “telecommunications device” have the same meanings as in Ohio R.C. 2913.01. (4) “Sexual activity” has the same meaning as in Ohio R.C. 2907.01. (5) “Family or household member” means any of the following: A. Any of the following who is residing or has resided with the recipient of the telecommunication against whom the act prohibited in subsection (a)(9) of this section is committed: 1. A spouse, a person living as a spouse, or a former spouse of the recipient; 2. A parent, a foster parent, or a child of the recipient, or another person related by consanguinity or affinity to the recipient; 3.. A parent or a child of a spouse, person living as a spouse, or former spouse of the recipient, or anther person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of the recipient. B. The natural parent of any child of whom the recipient of the telecommunication against whom the act prohibited in subsection (a)(9) of this section is committed is the other natural parent or is the putative other natural parent. (6) “Person living as a spouse” means a person who is living or has lived with the recipient of the telecommunication against whom the act prohibited in subsection (a)(9) of this section is committed in a common law marital relationship, who otherwise is cohabiting with the recipient, or who otherwise has cohabited with the recipient within five years prior to the date of the alleged commission of the act in question. (7) “Cable operator” has the same meaning as in Ohio R.C. 1332.21. (h) Nothing in this section prohibits a person from making a telecommunication call to a debtor that is in compliance with the “Fair Debt Collection Practices Act”, 91 Stat. 874 (1977), 15 U.S.C. 1692, as amended, or the “Telephone Consumer Protection Act”, 105 Stat. 2395 (1991), 47 U.S.C. 227, as amended. (ORC 2917.21) Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588. Hosted by: American Legal Publishing Back to Code Library Previous Doc Next Doc 0 items available --- ## Detected legislative history - Ordinances of Sheffield Lake, OH - ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO - ORDINANCE NO. 116-84 - ORDINANCES OF SHEFFIELD LAKE - orderly Conduct and Peace Disturbance - ORDER - ords or conduct of the offender that are directed at or identify a corporation, association or other organization that employs the other person or to which the other person belongs - order issued under Ohio R - order is the victim of the offense or another person - order to show that the person was caused mental distress as described in subsection (d)(2)B - ordinance, based on the same conduct involving the same victim that was the basis of the violation of subsection (a) of this section, the offenses are allied offenses of similar import unde - ordance with the tenets of a recognized religious body - ordance with the terms of a court order that is issued in relation to the investigation or prosecution of an alleged violation of this section - amended, or the “Telephone Consumer Protection Act”, 105 Stat - amended - Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality - Ordinances should be consulted prior to any action being taken - Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588 --- *Imported automatically by MunicipalWiki. The original publisher remains the authoritative source pending legal normalization and verification.* # 537.07 ENDANGERING CHILDREN. # 537.07 ENDANGERING CHILDREN.
Document typesection
Identifier537.07
Citation§ 537.07
Ordinances detectedS, 116-84, ER, INANCE
Dates detectedMarch 23, 2000, September 13, 2010
Original source[American Legal Publishing](https://codelibrary.amlegal.com/codes/sheffieldlake/latest/sheffieldlake_oh/0-0-0-11751)
Content hash`a5ee07f9cedbb9a9f6b5af8e5753351b319df9570e0610acd56dc077f8734f9a`
--- Skip to main content Search Sitemap Login Select Language Resources Skip to code content (skip section selection) 2025-04 (current) Sheffield Lake Overview Codified Ordinances of Sheffield Lake, OH CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO CERTIFICATION ROSTER OF OFFICIALS ADOPTING ORDINANCE NO. 116-84 COMPARATIVE SECTION TABLE TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE CHARTER PART ONE - ADMINISTRATIVE CODE PART THREE - TRAFFIC CODE PART FIVE - GENERAL OFFENSES CODE CHAPTER 501 General Provisions and Penalty CHAPTER 505 Animals and Fowl CHAPTER 509 Disorderly Conduct and Peace Disturbance CHAPTER 513 Drug Abuse Control CHAPTER 517 Gambling CHAPTER 521 Health, Safety and Sanitation CHAPTER 525 Law Enforcement and Public Office CHAPTER 529 Liquor Control CHAPTER 531 Noise Control CHAPTER 533 Obscenity and Sex Offenses CHAPTER 537 Offenses Against Persons 537.01 NEGLIGENT HOMICIDE. 537.02 VEHICULAR HOMICIDE AND MANSLAUGHTER. 537.021 VEHICULAR ASSAULT IN A CONSTRUCTION ZONE. 537.03 ASSAULT. 537.04 NEGLIGENT ASSAULT. 537.05 AGGRAVATED MENACING. 537.051 MENACING BY STALKING. 537.06 MENACING. 537.07 ENDANGERING CHILDREN. 537.08 UNLAWFUL RESTRAINT. 537.09 COERCION. 537.10 TELECOMMUNICATION HARASSMENT. 537.11 THREATENING OR HARASSING TELEPHONE CALLS. 537.12 MISUSE OF 9-1-1 SYSTEM. 537.13 ADULTERATING OF OR FURNISHING ADULTERATED FOOD OR CONFECTION. 537.14 DOMESTIC VIOLENCE. 537.15 ANNOYING BUILDING OCCUPANTS. 537.16 MOLESTING OR INSULTING PERSONS. 537.17 TEMPORARY PROTECTION ORDER. 537.18 ILLEGAL DISTRIBUTION OF CIGARETTES, OTHER TOBACCO PRODUCTS, OR ALTERNATE NICOTINE PRODUCTS; TRANSACTION SCANS. 537.19 RESERVED. 537.20 CONTRIBUTING TO UNRULINESS OR DELINQUENCY OF A CHILD. 537.21 HAZING PROHIBITED. 537.22 ILLEGAL USE OF A TRACKING DEVICE OR APPLICATION. 537.99 PENALTY. CHAPTER 541 Property Offenses CHAPTER 545 Theft and Fraud CHAPTER 549 Weapons and Explosives CHAPTER 553 Railroads CHAPTER 557 Watercraft CHAPTER 561 Weeds and Grass PART SEVEN - BUSINESS REGULATION CODE PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE PART ELEVEN - PLANNING AND ZONING CODE PART THIRTEEN - BUILDING CODE PART FIFTEEN - FIRE PREVENTION CODE OH Sheffield Lake Codified Ordinances of Sheffield Lake, OH 537.07 ENDANGERING CHILDREN. CHAPTER 537 Offenses Against Persons 537.051 MENACING BY STALKING. (a) (1) No person by engaging in a pattern of conduct shall knowingly cause another person to believe that the offender will cause physical harm to the other person or a family or household member of the other person or cause mental distress to the other person or a family or household member of the other person. In addition to any other basis for the other person’s belief that the offender will cause physical harm to the other person or the other person’s family or household member or mental distress to the other person or the other person’s family or household member, the other person’s belief or mental distress may be based on words or conduct of the offender that are directed at or identify a corporation, association or other organization that employs the other person or to which the other person belongs. (2) No person, through the use of any form of written communication or any electronic method of remotely transferring information, including, but not limited to, any computer, computer network, computer program, computer system or telecommunication device shall post a message or use any intentionally written or verbal graphic gesture with purpose to do either of the following: A. Violate subsection (a)(1) of this section; B. Urge or incite another to commit a violation of subsection (a)(1) of this section. (3) No person, with sexual motivation, shall violate subsection (a)(1) or (2) of this section. (b) Whoever violates this section is guilty of menacing by stalking. (1) Except as otherwise provided in subsections (b)(2) and (3) of this section, menacing by stalking is a misdemeanor of the first degree. (2) Menacing by stalking is a felony and shall be prosecuted under appropriate State law if any of the following applies: A. The offender previously has been convicted of or pleaded guilty to a violation of this section or a violation of Section 541.051. B. In committing the offense under subsection (a)(1), (2), or (3) of this section, the offender made a threat of physical harm to or against the victim, or as a result of an offense committed under subsection (a)(2) or (3) of this section, a third person induced by the offender’s posted message made a threat of physical harm to or against the victim. C. In committing the offense under subsection (a)(1), (2), or (3) of this section, the offender trespassed on the land or premises where the victim lives, is employed, or attends school, or as a result of an offense committed under subsection (a)(2) or (3) of this section, a third person induced by the offender’s posted message trespassed on the land or premises where the victim lives, is employed, or attends school. D. The victim of the offense is a minor. E. The offender has a history of violence toward the victim or any other person or a history of other violent acts toward the victim or any other person. F. While committing the offense under subsection (a)(1) of this section or a violation of subsection (a)(3) of this section is based on conduct in violation of subsection (a)(1) of this section, the offender had a deadly weapon on or about the offender’s person or under the offender’s control. Subsection (b)(2)F. of this section does not apply in determining the penalty for a violation of subsection (a)(2) of this section or a violation of subsection (a)(3) of this section based on conduct in violation of subsection (a)(1) of this section. G. At the time of the commission of the offense, the offender was the subject of a protection order issued under Ohio R.C. 2903.213 or 2903.214, regardless of whether the person to be protected under the order is the victim of the offense or another person. H. In committing the offense under subsection (a)(1), (2), or (3) of this section, the offender caused serious physical harm to the premises at which the victim resides, to the real property on which that premises is located, or to any personal property located on that premises, or as a result of an offense committed under subsection (a)(2) of this section, or an offense committed under subsection (a)(3) of this section based on a violation of subsection (a)(2) of this section, a third person induced by the offender’s posted message caused serious physical harm to that premises, that real property, or any personal property on that premises. I. Prior to committing the offense, the offender had been determined to represent a substantial risk of physical harm to others as manifested by evidence of then-recent homicidal or other violent behavior, evidence of then-recent threats that placed another in reasonable fear of violent behavior and serious physical harm, or other evidence of then-present dangerousness. (3) If the victim of the offense is an officer or employee of a public children services agency or a private child placing agency and the offense relates to the officer’s or employee’s performance or anticipated performance of official responsibilities or duties, or, if the offender previously has been convicted of or pleaded guilty to an offense of violence, the victim of that prior offense was an officer or employee of a public children services agency or private child placing agency, and that prior offense related to the officer’s or employee’s performance or anticipated performance of official responsibilities, or duties, menacing by stalking is a felony and shall be prosecuted under appropriate State law. (c) Ohio R.C. 2919.271 applies in relation to a defendant charged with a violation of this section. (d) As used in this section: (1) “Pattern of conduct” means two or more actions or incidents closely related in time, whether or not there has been a prior conviction based on any of those actions or incidents, or two or more actions or incidents closely related in time, whether or not there has been a prior conviction based on any of those actions or incidents, directed at one or more persons employed by or belonging to the same corporation, association, or other organization. Actions or incidents that prevent, obstruct, or delay the performance by a public official, firefighter, rescuer, emergency medical services person, or emergency facility person of any authorized act within the public official’s, firefighter’s, rescuer’s, emergency medical services person’s, or emergency facility person’s official capacity, or the posting of messages, use of intentionally written or verbal graphic gestures, or receipt of information or data through the use of any form of written communication or an electronic method of remotely transferring information, including, but not limited to, a computer, computer network, computer program, computer system, or telecommunications device, may constitute a “pattern of conduct”. (2) “Mental distress” means any of the following: A. Any mental illness or condition that involves some temporary substantial incapacity; B. Any mental illness or condition that would normally require psychiatric treatment, psychological treatment, or other mental health services, whether or not any person requested or received psychiatric treatment, psychological treatment, or other mental health services. (3) “Emergency medical services person” is the singular of “emergency medical services personnel” as defined in Ohio R.C. 2133.21. (4) “Emergency facility person” is the singular of “emergency facility personnel” as defined in Ohio R.C. 2909.04. (5) “Public official” has the same meaning as in Ohio R.C. 2921.01. (6) “Computer”, “computer network”, “computer program”, “computer system” and “telecommunications device” have the same meanings as in Ohio R.C. 2913.01. (7) “Post a message” means transferring, sending, posting, publishing, disseminating or otherwise communicating, or attempting to transfer, send, post, publish, disseminate or otherwise communication, any message or information, whether truthful or untruthful, about an individual, and whether done under one’s own name, under the name of another, or while impersonating another. (8) “Third person” means, in relation to conduct as described in subsection (a)(2) of this section, an individual who is neither the offender nor the victim of the conduct. (9) “Sexual motivation” has the same meaning as in Ohio R.C. 2971.01. (10) “Organization” includes an entity that is a governmental employer. (11) “Family or household member” means any of the following: A. Any of the following who is residing or has resided with the person against whom the act prohibited in subsection (a)(1) of this section is committed: 1. A spouse, a person living as a spouse, or a former spouse of the person; 2. A parent, a foster parent, or a child of the person, or another person related by consanguinity or affinity to the person; 3. A parent or a child of a spouse, person living as a spouse, or former spouse of the person, or another person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of the person. B. The natural parent of any child of whom the person against whom the act prohibited in subsection (a)(1) of this section is committed is the other natural parent or is the putative other natural parent. (12) “Person living as a spouse” means a person who is living or has lived with the person against whom the act prohibited in subsection (a)(1) of this section is committed in a common law marital relationship, who otherwise is cohabiting with that person, or who otherwise has cohabited with the person within five years prior to the date of the alleged commission of the act in question. (e) The Municipality does not need to prove in a prosecution under this section that a person requested or received psychiatric treatment, psychological treatment, or other mental health services in order to show that the person was caused mental distress as described in subsection (d)(2)B. of this section. (f) (1) This section does not apply to a person solely because the person provided access or connection to or from an electronic method of remotely transferring information not under that person’s control, including having provided capabilities that are incidental to providing access or connection to or from the electronic method of remotely transferring the information, and that do not include the creation of the content of the material that is the subject of the access or connection. In addition, any person providing access or connection to or from an electronic method of remotely transferring information not under that person’s control shall not be liable for any action voluntarily taken in good faith to block the receipt or transmission through its service of any information that it believes is, or will be sent, in violation of this section. (2) Subsection (f)(1) of this section does not create an affirmative duty for any person providing access or connection to or from an electronic method of remotely transferring information not under that person’s control to block the receipt or transmission through its service of any information that it believes is, or will be sent, in violation of this section except as otherwise provided by law. (3) Subsection (f)(1) of this section does not apply to a person who conspires with a person actively involved in the creation or knowing distribution of material in violation of this section or who knowingly advertises the availability of material of that nature. (ORC 2903.211) 537.06 MENACING. (a) (1) No person shall knowingly cause another to believe that the offender will cause physical harm to the person or property of the other person, the other person’s unborn, or a member of the other person’s immediate family. In addition to any other basis for the other person’s belief that the offender will cause physical harm to the person or property of the other person, the other person’s unborn, or a member of the other person’s immediate family, the other person’s belief may be based on words or conduct of the offender that are directed at or identify a corporation, association or other organization that employs the other person or to which the other person belongs. (2) No person shall knowingly place or attempt to place another in reasonable fear of physical harm or death by displaying a deadly weapon, regardless of whether the deadly weapon displayed is operable or inoperable, if either of the following applies: A. The other person is an emergency service responder, the person knows or reasonably should know that the other person is an emergency service responder, and it is the person’s specific purpose to engage in the specified conduct against an emergency service responder. B. The other person is a family or household member or co-worker of an emergency service responder, the person knows or reasonably should know that the other person is a family or household member or co-worker of an emergency service responder, and it is the person’s specific purpose to engage in the specified conduct against a family or household member or co-worker of an emergency service responder. (b) Whoever violates this section is guilty of menacing. Except as otherwise provided in this division, menacing is a misdemeanor of the fourth degree. If the victim of the offense is an officer or employee of a public children services agency or a private child placing agency and the offense relates to the officer’s or employee’s performance or anticipated performance of official responsibilities or duties or if the victim of the offense is an emergency service responder in the performance of the responder’s official duties, menacing is one of the following: (1) Except as otherwise provided in subsection (a)(2)B. of this section, a misdemeanor of the first degree; (2) If the offender previously has been convicted of or pleaded guilty to an offense of violence, the victim of that prior offense was an officer or employee of a public children services agency or private child placing agency or an emergency service responder, and that prior offense related to the officer’s or employee’s performance or anticipated performance of official responsibilities or duties or to the responder’s performance of the responder’s official duties, a felony to be prosecuted under appropriate state law. (c) A prosecution for a violation of subsection (a) of this section does not preclude a prosecution of a violation of any other section of the Ohio Revised Code. One or more acts, a series of acts, or a course of behavior that can be prosecuted under subsection (a) of this section or any other section of the Ohio Revised Code may be prosecuted under subsection (a) of this section, the other section of the Ohio Revised Code, or both sections. However, if an offender is convicted of or pleads guilty to a violation of subsection (a) of this section and also is convicted of or pleads guilty to a violation of Ohio R.C. 2903.13, or any substantially similar municipal ordinance, based on the same conduct involving the same victim that was the basis of the violation of subsection (a) of this section, the offenses are allied offenses of similar import under Ohio R.C. 2941.25. (d) As used in this section: (1) “Co-worker” has the same meaning as in Ohio R.C. 2903.13. (2) “Emergency service responder” has the same meaning as in Ohio R.C. 2903.13. (3) “Family or household member” have the same meanings as in Ohio R.C. 2903.13. (4) “Organization” includes an entity that is a governmental employer. (ORC 2903.22) 537.07 ENDANGERING CHILDREN. (a) No person, who is the parent, guardian, custodian, person having custody or control, or person in loco parentis of a child under eighteen years of age or a child with a mental or physical disability under twenty-one years of age, shall create a substantial risk to the health or safety of the child, by violating a duty of care, protection or support. It is not a violation of a duty of care, protection or support under this subsection when the parent, guardian, custodian or person having custody or control of a child treats the physical or mental illness or disability of the child by spiritual means through prayer alone, in accordance with the tenets of a recognized religious body. (b) No person shall abuse a child under eighteen years of age or a child with a mental or physical disability under twenty-one years of age. (c) (1) No person shall operate a vehicle in violation of Section 333.01(a) of the Traffic Code when one or more children under eighteen years of age are in the vehicle. Notwithstanding any other provision of law, a person may be convicted at the same trial or proceeding of a violation of subsection (c) hereof and a violation of Section 333.01(a) of the Traffic Code that constitutes the basis of the charge of the violation of subsection (c) hereof. For purposes of Ohio R.C. 4511.191 to 4511.197 and all related provisions of law, a person arrested for a violation of subsection (c) hereof shall be considered to be under arrest for operating a vehicle while under the influence of alcohol, a drug of abuse, or a combination of them or for operating a vehicle with a prohibited concentration of alcohol, a controlled substance, or a metabolite of a controlled substance in the whole blood, blood serum or plasma, breath, or urine. (2) As used in subsection (c) hereof: A. “Controlled substance” has the same meaning as in Ohio R.C. 3719.01. B. "Vehicle" has the same meaning as in Ohio R.C. 4511.01. (d) Whoever violates this section is guilty of endangering children. (1) Whoever violates subsection (a) or (b) hereof is guilty of a misdemeanor of the first degree. If the violation results in serious physical harm to the child involved, or if the offender previously has been convicted of an offense under this section, Ohio R.C. 2919.22 or of any offense involving neglect, abandonment, contributing to the delinquency of or physical abuse of a child, endangering children is a felony and shall be prosecuted under appropriate State law. (2) Whoever violates subsection (c) hereof is guilty of a misdemeanor of the first degree. Endangering children is a felony and shall be prosecuted under appropriate State law if either of the following applies: A. The violation results in serious physical harm to the child involved or the offender previously has been convicted of an offense under Ohio R.C. 2919.22 or any offense involving neglect, abandonment, contributing to the delinquency of, or physical abuse of a child. B. The violation results in serious physical harm to the child involved and the offender previously has been convicted of a violation of Ohio R.C. 2919.22(C) or subsection (c) hereof, Ohio R.C. 2903.06, or 2903.08, Section 2903.07 as it existed prior to March 23, 2000, or Ohio R.C. 2903.04 in a case in which the offender was subject to the sanctions described in division (D) of that section. (3) In addition to any term of imprisonment, fine, or other sentence, penalty, or sanction it imposes upon the offender pursuant to subsection (d)(2) hereof, or pursuant to any other provision of law, the court also may impose upon the offender any of the sanctions provided under Ohio R.C. 2919.22(E)(5)(d). (e) (1) If a person violates subsection (c) hereof and if, at the time of the violation, there were two or more children under eighteen years of age in the motor vehicle involved in the violation, the offender may be convicted of a violation of subsection (c) hereof for each of the children, but the court may sentence the offender for only one of the violations. (2) A. If a person is convicted of or pleads guilty to a violation of subsection (c) hereof but the person is not also convicted of and does not also plead guilty to a separate charge charging the violation of Section 333.01(a) of the Traffic Code that was the basis of the charge of the violation of subsection (c) hereof, both of the following apply: 1. For purposes of the provisions of the Traffic Code penalty that set forth the penalties and sanctions for a violation of Section 333.01(a) of the Traffic Code, the conviction of or plea of guilty to the violation of subsection (c) hereof shall not constitute a violation of Section 333.01(a) of the Traffic Code. 2. For purposes of any provision of law that refers to a conviction of or plea of guilty to a violation of Section 333.01(a) of the Traffic Code and that is not described in subsection (e)(2)A.1. hereof, the conviction of or plea of guilty to the violation of subsection (c) hereof shall constitute a conviction of or plea of guilty to a violation of Section 333.01(a) of the Traffic Code. B. If a person is convicted of or pleads guilty to a violation of subsection (c) hereof and the person also is convicted of or pleads guilty to a separate charge charging the violation of Section 333.01(a) of the Traffic Code that was the basis of the charge of the violation of subsection (c) hereof, the conviction of or plea of guilty to the violation of subsection (c) hereof shall not constitute, for purposes of any provision of law that refers to a conviction of or plea of guilty to a violation of Section 333.01(a) of the Traffic Code, a conviction of or plea of guilty to a violation of Section 333.01(a) of the Traffic Code. (ORC 2919.22) 537.08 UNLAWFUL RESTRAINT. (a) No person, without privilege to do so, shall knowingly restrain another of the other person’s liberty. (b) No person, without privilege to do so and with a sexual motivation, shall knowingly restrain another of the other person’s liberty. (c) Whoever violates this section is guilty of unlawful restraint, a misdemeanor of the third degree. (d) As used in this section, “sexual motivation” has the same meaning as in Ohio R.C. 2971.01. (ORC 2905.03) 537.09 COERCION. (a) No person, with purpose to coerce another into taking or refraining from action concerning which the other person has a legal freedom of choice, shall do any of the following: (1) Threaten to commit any offense; (2) Utter or threaten any calumny against any person; (3) Expose or threaten to expose any matter tending to subject any person to hatred, contempt or ridicule, to damage any person’s personal or business repute, or to impair any person’s credit; (4) Institute or threaten criminal proceedings against any person; (5) Take or withhold, or threaten to take or withhold official action, or cause or threaten to cause official action to be taken or withheld. (b) Subsections (a)(4) and (5) hereof shall not be construed to prohibit a prosecutor or court from doing any of the following in good faith and in the interest of justice: (1) Offering or agreeing to grant, or granting immunity from prosecution pursuant to Ohio R.C. 2945.44; (2) In return for a plea of guilty to one or more offenses charged or to one or more other or lesser offenses, or in return for the testimony of the accused in a case to which the accused is not a party, offering or agreeing to dismiss, or dismissing one or more charges pending against an accused, or offering or agreeing to impose, or imposing a certain sentence or modification of sentence; (3) Imposing community control sanction on certain conditions, including without limitation requiring the offender to make restitution or redress to the victim of the offense. (c) It is an affirmative defense to a charge under subsection (a)(3), (4) or (5) hereof that the actor's conduct was a reasonable response to the circumstances that occasioned it, and that the actor’s purpose was limited to any of the following: (1) Compelling another to refrain from misconduct or to desist from further misconduct; (2) Preventing or redressing a wrong or injustice; (3) Preventing another from taking action for which the actor reasonably believed the other person to be disqualified; (4) Compelling another to take action that the actor reasonably believed the other person to be under a duty to take. (d) Whoever violates this section is guilty of coercion, a misdemeanor of the second degree. (e) As used in this section: (1) "Threat" includes a direct threat and a threat by innuendo. (2) “Community control sanction” has the same meaning as in Ohio R.C. 2929.01. (ORC 2905.12) 537.10 TELECOMMUNICATION HARASSMENT. (a) No person shall knowingly make or cause to be made a telecommunication, or knowingly permit telecommunication to be made from a telecommunications device under the person’s control, to another, if the caller does any of the following: (1) Makes the telecommunication with purpose to harass, intimidate, or abuse, any person at the premises to which the telecommunication is made, whether or not actual communication takes place between the caller and a recipient; (2) Describes, suggests, requests, or proposes that the caller, the recipient of the telecommunication, or any other person engage in sexual activity, and the recipient or another person at the premises to which the telecommunication is made has requested, in a previous telecommunication or in the immediate telecommunication, that the caller not make a telecommunication to the recipient or to the premises to which the telecommunication is made; (3) During the telecommunication, violates Ohio R.C. 2903.21; (4) Knowingly states to the recipient of the telecommunication that the caller intends to cause damage to or destroy public or private property, and the recipient, any member of the recipient’s family, or any other person who resides at the premises to which the telecommunication is made owns, leases, resides, or works in, will at the time of the destruction or damaging be near or in, has the responsibility of protecting, or insures the property that will be destroyed or damaged; (5) Knowingly makes the telecommunication to the recipient of the telecommunication, to another person at the premises to which the telecommunication is made, or to those premises, and the recipient or another person at those premises previously has told the caller not to make a telecommunication to those premises or to any person at those premises. (6) Knowingly makes any comment, request, suggestion, or proposal to the recipient of the telecommunication that is threatening, intimidating, menacing, coercive, or obscene with the intent to abuse, threaten or harass the recipient; (7) Without a lawful business purpose, knowingly interrupts the telecommunication service of any person; (8) Without a lawful business purpose, knowingly transmits to any person, regardless of whether the telecommunication is heard in its entirety, any file, document or other communication that prevents that person from using the person’s telephone service or electronic communication device; (9) Knowingly makes any false statement concerning the death, injury, illness, disfigurement, reputation, indecent conduct, or criminal conduct of the recipient of the telecommunication or family or household member of the recipient with purpose to abuse, threaten, intimidate, or harass the recipient; (10) Knowingly incites another person through a telecommunication or other means to harass or participate in the harassment of a person; (11) Knowingly alarms the recipient by making a telecommunication without a lawful purpose at an hour or hours known to be inconvenient to the recipient and in an offensive or repetitive manner. (b) (1) No person shall make or cause to be made a telecommunication, or permit a telecommunication to be made from a telecommunications device under the person’s control, with purpose to abuse, threaten, or harass another person. (2) No person shall knowingly post a text or audio statement or an image on an internet web site or web page for the purpose of abusing, threatening, or harassing another person. (c) (1) Whoever violates this section is guilty of telecommunication harassment. (2) A violation of subsections (a)(1), (2), (3), (5), (6), (7), (8), (9), (10), or (11) or (b) hereof is a misdemeanor of the first degree on a first offense. Each subsequent offense is a felony and shall be prosecuted under appropriate State law. (3) Whoever violates subsection (a)(4) hereof is guilty of a misdemeanor of the first degree for a first offense. For each subsequent offense or if a violation of subsection (a)(4) hereof results in economic harm of one thousand dollars ($1,000) or more, a violation of subsection (a)(4) hereof is a felony and shall be prosecuted under appropriate State law. (d) No cause of action may be asserted in any court of this State against any provider of a telecommunications service, interactive computer service as defined in Section 230 of Title 47 of the United States Code, or information service, or against any officer, employee, or agent of a telecommunication service, interactive computer service as defined in Section 230 of Title 47 of the United States Code, or information service, for any injury, death, or loss to person or property that allegedly arises out of the provider’s, officer’s, employee’s, or agent’s provision of information, facilities, or assistance in accordance with the terms of a court order that is issued in relation to the investigation or prosecution of an alleged violation of this section. A provider of a telecommunications service, interactive computer service as defined in Section 230 of Title 47 of the United States Code, or information service, or an officer, employee, or agent of a telecommunications service, interactive computer service as defined in Section 230 of Title 47 of the United States Code, of information service, is immune from any civil or criminal liability for injury, death, or loss to person or property that allegedly arises out of the provider’s, officer’s, employee’s, or agent’s provision of information, facilities, or assistance in accordance with the terms of a court order that is issued in relation to the investigation or prosecution of an alleged violation of this section. (e) (1) This section does not apply to a person solely because the person provided access or connection to or from an electronic method of remotely transferring information not under that person’s control, including having provided capabilities that are incidental to providing access or connection to or from the electronic method of remotely transferring the information, and that do not include the creation of the content of the material that is the subject of the access or connection. In addition, any person providing access or connection to or from an electric method of remotely transferring information not under that person’s control shall not be liable for any action voluntarily taken in good faith to block the receipt or transmission through its service of any information that the person believes is, or will be sent, in violation of this section. (2) Subsection (e)(1) of this section does not create an affirmative duty for any person providing access or connection to or from an electronic method of remotely transferring information not under that person’s control to block the receipt or transmission through its service of any information that it believes is, or will be sent, in violation of this section except as otherwise provided by law. (3) Subsection (e)(1) of this section does not apply to a person who conspires with a person actively involved in the creation or knowing distribution of material in violation of this section or who knowingly advertises the availability of material of that nature. (4) A provider or user of an interactive computer service, as defined in Section 230 of Title 47 of the United States Code, shall neither be treated as the publisher or speaker of any information provided by another information content provider, as defined in Section 230 of Title 47 of the United States Code, nor held civilly or criminally liable for the creation or development of information provided by another information content provider, as defined in Section 230 of Title 47 of the United States Code. Nothing in this subsection shall be construed to protect a person from liability to the extent that the person developed or created any content in violation of this section. (f) Subsections (a)(5) to (11) and (b)(2) of this section do not apply to a person who, while employed or contracted by a newspaper, magazine, press association, news agency, news wire service, cable channel or cable operator, or radio or television station, is gathering, processing, transmitting, compiling, editing or disseminating information for the general public, within the scope of the person’s employment in that capacity or the person’s contractual authority in that capacity. (g) As used in this section: (1) “Economic harm” means all direct, incidental, and consequential pecuniary harm suffered by a victim as a result of criminal conduct. “Economic harm” includes, but is not limited to, all of the following: A. All wages, salaries, or other compensation lost as a result of the criminal conduct; B. The cost of all wages, salaries or other compensation paid to employees for time those employees are prevented from working as a result of the criminal conduct; C. The overhead costs incurred for the time that a business is shut down as a result of the criminal conduct; D. The loss of value to tangible or intangible property that was damaged as a result of the criminal conduct. (2) “Caller” means the person described in subsection (a) hereof who makes or causes to be made a telecommunication or who permits a telecommunication to be made from a telecommunications device under that person’s control. (3) “Telecommunication” and “telecommunications device” have the same meanings as in Ohio R.C. 2913.01. (4) “Sexual activity” has the same meaning as in Ohio R.C. 2907.01. (5) “Family or household member” means any of the following: A. Any of the following who is residing or has resided with the recipient of the telecommunication against whom the act prohibited in subsection (a)(9) of this section is committed: 1. A spouse, a person living as a spouse, or a former spouse of the recipient; 2. A parent, a foster parent, or a child of the recipient, or another person related by consanguinity or affinity to the recipient; 3.. A parent or a child of a spouse, person living as a spouse, or former spouse of the recipient, or anther person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of the recipient. B. The natural parent of any child of whom the recipient of the telecommunication against whom the act prohibited in subsection (a)(9) of this section is committed is the other natural parent or is the putative other natural parent. (6) “Person living as a spouse” means a person who is living or has lived with the recipient of the telecommunication against whom the act prohibited in subsection (a)(9) of this section is committed in a common law marital relationship, who otherwise is cohabiting with the recipient, or who otherwise has cohabited with the recipient within five years prior to the date of the alleged commission of the act in question. (7) “Cable operator” has the same meaning as in Ohio R.C. 1332.21. (h) Nothing in this section prohibits a person from making a telecommunication call to a debtor that is in compliance with the “Fair Debt Collection Practices Act”, 91 Stat. 874 (1977), 15 U.S.C. 1692, as amended, or the “Telephone Consumer Protection Act”, 105 Stat. 2395 (1991), 47 U.S.C. 227, as amended. (ORC 2917.21) 537.11 THREATENING OR HARASSING TELEPHONE CALLS. (EDITOR’S NOTE: Former Ohio R.C. 4931.31 from which Section 537.11 was derived was repealed by Senate Bill 162, effective September 13, 2010. See now Section 537.10 “Telecommunication Harassment”.) 537.12 MISUSE OF 9-1-1 SYSTEM. (a) “9-1-1 system” means a system through which individuals can request emergency service using the access number 9-1-1. (ORC 128.01(A)) (b) No person shall knowingly use the telephone number of the 9-1-1 system established under Ohio R.C. Chapter 128 to report an emergency if he knows that no emergency exists. (c) No person shall knowingly use a 9-1-1 system for a purpose other than obtaining emergency service. (d) No person shall disclose or use any information concerning telephone numbers, addresses, or names obtained from the data base that serves the public safety answering point of a 9-1-1 system established under Ohio R.C. Chapter 128, except for any of the following purposes or under any of the following circumstances: (1) For the purpose of the 9-1-1 system; (2) For the purpose of responding to an emergency call to an emergency service provider; (3) In the circumstance of the inadvertent disclosure of such information due solely to technology of the wireline telephone network portion of the 9-1-1 system not allowing access to the data base to be restricted to 9-1-1 specific answering lines at a public safety answering point; (4) In the circumstance of access to a data base being given by a telephone company that is a wireline service provider to a public utility or municipal utility in handling customer calls in times of public emergency or service outages. The charge, terms, and conditions for the disclosure or use of such information for the purpose of such access to a data base shall be subject to the jurisdiction of the steering committee. (5) In the circumstance of access to a data base given by a telephone company that is a wireline service provider to a state and local government in warning of a public emergency, as determined by the steering committee. The charge, terms, and conditions for the disclosure or use of that information for the purpose of access to a data base is subject to the jurisdiction of the steering committee. (ORC 128.32) (e) (1) Whoever violates subsection (b) hereof is guilty of a misdemeanor of the fourth degree. (2) Whoever violates subsection (c) or (d) hereof is guilty of a misdemeanor of the fourth degree on a first offense. For each subsequent offense such person is guilty of a felony and shall be prosecuted under appropriate State law. (ORC 128.99) 537.13 ADULTERATING OF OR FURNISHING ADULTERATED FOOD OR CONFECTION. (a) No person shall do either of the following, knowingly or having reasonable cause to believe that any person may suffer physical harm or be seriously inconvenienced or annoyed thereby: (1) Place a pin, needle, razor blade, glass, laxative, drug of abuse, or other harmful or hazardous object or substance in any food or confection; (2) Furnish to any person any food or confection which has been adulterated in violation of subsection (a)(1) hereof. (ORC 3716.11) (b) Whoever violates this section is guilty of a misdemeanor of the first degree. (ORC 3716.99(C)) Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588. Hosted by: American Legal Publishing Back to Code Library Previous Doc Next Doc 0 items available --- ## Detected legislative history - Ordinances of Sheffield Lake, OH - ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO - ORDINANCE NO. 116-84 - ORDINANCES OF SHEFFIELD LAKE - orderly Conduct and Peace Disturbance - ORDER - ords or conduct of the offender that are directed at or identify a corporation, association or other organization that employs the other person or to which the other person belongs - order issued under Ohio R - order is the victim of the offense or another person - order to show that the person was caused mental distress as described in subsection (d)(2)B - ordinance, based on the same conduct involving the same victim that was the basis of the violation of subsection (a) of this section, the offenses are allied offenses of similar import unde - ordance with the tenets of a recognized religious body - ordance with the terms of a court order that is issued in relation to the investigation or prosecution of an alleged violation of this section - amended, or the “Telephone Consumer Protection Act”, 105 Stat - amended - repealed by Senate Bill 162, effective September 13, 2010 - Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality - Ordinances should be consulted prior to any action being taken - Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588 --- *Imported automatically by MunicipalWiki. The original publisher remains the authoritative source pending legal normalization and verification.* # 537.08 UNLAWFUL RESTRAINT. # 537.08 UNLAWFUL RESTRAINT.
Document typesection
Identifier537.08
Citation§ 537.08
Ordinances detectedS, 116-84, ER
Dates detectedMarch 23, 2000
Original source[American Legal Publishing](https://codelibrary.amlegal.com/codes/sheffieldlake/latest/sheffieldlake_oh/0-0-0-11775)
Content hash`05afc6dd861c1a7f7b7098367024fcb9a25ad14bcde127f72ceeda97408be9b2`
--- Skip to main content Search Sitemap Login Select Language Resources Skip to code content (skip section selection) 2025-04 (current) Sheffield Lake Overview Codified Ordinances of Sheffield Lake, OH CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO CERTIFICATION ROSTER OF OFFICIALS ADOPTING ORDINANCE NO. 116-84 COMPARATIVE SECTION TABLE TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE CHARTER PART ONE - ADMINISTRATIVE CODE PART THREE - TRAFFIC CODE PART FIVE - GENERAL OFFENSES CODE CHAPTER 501 General Provisions and Penalty CHAPTER 505 Animals and Fowl CHAPTER 509 Disorderly Conduct and Peace Disturbance CHAPTER 513 Drug Abuse Control CHAPTER 517 Gambling CHAPTER 521 Health, Safety and Sanitation CHAPTER 525 Law Enforcement and Public Office CHAPTER 529 Liquor Control CHAPTER 531 Noise Control CHAPTER 533 Obscenity and Sex Offenses CHAPTER 537 Offenses Against Persons 537.01 NEGLIGENT HOMICIDE. 537.02 VEHICULAR HOMICIDE AND MANSLAUGHTER. 537.021 VEHICULAR ASSAULT IN A CONSTRUCTION ZONE. 537.03 ASSAULT. 537.04 NEGLIGENT ASSAULT. 537.05 AGGRAVATED MENACING. 537.051 MENACING BY STALKING. 537.06 MENACING. 537.07 ENDANGERING CHILDREN. 537.08 UNLAWFUL RESTRAINT. 537.09 COERCION. 537.10 TELECOMMUNICATION HARASSMENT. 537.11 THREATENING OR HARASSING TELEPHONE CALLS. 537.12 MISUSE OF 9-1-1 SYSTEM. 537.13 ADULTERATING OF OR FURNISHING ADULTERATED FOOD OR CONFECTION. 537.14 DOMESTIC VIOLENCE. 537.15 ANNOYING BUILDING OCCUPANTS. 537.16 MOLESTING OR INSULTING PERSONS. 537.17 TEMPORARY PROTECTION ORDER. 537.18 ILLEGAL DISTRIBUTION OF CIGARETTES, OTHER TOBACCO PRODUCTS, OR ALTERNATE NICOTINE PRODUCTS; TRANSACTION SCANS. 537.19 RESERVED. 537.20 CONTRIBUTING TO UNRULINESS OR DELINQUENCY OF A CHILD. 537.21 HAZING PROHIBITED. 537.22 ILLEGAL USE OF A TRACKING DEVICE OR APPLICATION. 537.99 PENALTY. CHAPTER 541 Property Offenses CHAPTER 545 Theft and Fraud CHAPTER 549 Weapons and Explosives CHAPTER 553 Railroads CHAPTER 557 Watercraft CHAPTER 561 Weeds and Grass PART SEVEN - BUSINESS REGULATION CODE PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE PART ELEVEN - PLANNING AND ZONING CODE PART THIRTEEN - BUILDING CODE PART FIFTEEN - FIRE PREVENTION CODE OH Sheffield Lake Codified Ordinances of Sheffield Lake, OH 537.08 UNLAWFUL RESTRAINT. CHAPTER 537 Offenses Against Persons 537.07 ENDANGERING CHILDREN. (a) No person, who is the parent, guardian, custodian, person having custody or control, or person in loco parentis of a child under eighteen years of age or a child with a mental or physical disability under twenty-one years of age, shall create a substantial risk to the health or safety of the child, by violating a duty of care, protection or support. It is not a violation of a duty of care, protection or support under this subsection when the parent, guardian, custodian or person having custody or control of a child treats the physical or mental illness or disability of the child by spiritual means through prayer alone, in accordance with the tenets of a recognized religious body. (b) No person shall abuse a child under eighteen years of age or a child with a mental or physical disability under twenty-one years of age. (c) (1) No person shall operate a vehicle in violation of Section 333.01(a) of the Traffic Code when one or more children under eighteen years of age are in the vehicle. Notwithstanding any other provision of law, a person may be convicted at the same trial or proceeding of a violation of subsection (c) hereof and a violation of Section 333.01(a) of the Traffic Code that constitutes the basis of the charge of the violation of subsection (c) hereof. For purposes of Ohio R.C. 4511.191 to 4511.197 and all related provisions of law, a person arrested for a violation of subsection (c) hereof shall be considered to be under arrest for operating a vehicle while under the influence of alcohol, a drug of abuse, or a combination of them or for operating a vehicle with a prohibited concentration of alcohol, a controlled substance, or a metabolite of a controlled substance in the whole blood, blood serum or plasma, breath, or urine. (2) As used in subsection (c) hereof: A. “Controlled substance” has the same meaning as in Ohio R.C. 3719.01. B. "Vehicle" has the same meaning as in Ohio R.C. 4511.01. (d) Whoever violates this section is guilty of endangering children. (1) Whoever violates subsection (a) or (b) hereof is guilty of a misdemeanor of the first degree. If the violation results in serious physical harm to the child involved, or if the offender previously has been convicted of an offense under this section, Ohio R.C. 2919.22 or of any offense involving neglect, abandonment, contributing to the delinquency of or physical abuse of a child, endangering children is a felony and shall be prosecuted under appropriate State law. (2) Whoever violates subsection (c) hereof is guilty of a misdemeanor of the first degree. Endangering children is a felony and shall be prosecuted under appropriate State law if either of the following applies: A. The violation results in serious physical harm to the child involved or the offender previously has been convicted of an offense under Ohio R.C. 2919.22 or any offense involving neglect, abandonment, contributing to the delinquency of, or physical abuse of a child. B. The violation results in serious physical harm to the child involved and the offender previously has been convicted of a violation of Ohio R.C. 2919.22(C) or subsection (c) hereof, Ohio R.C. 2903.06, or 2903.08, Section 2903.07 as it existed prior to March 23, 2000, or Ohio R.C. 2903.04 in a case in which the offender was subject to the sanctions described in division (D) of that section. (3) In addition to any term of imprisonment, fine, or other sentence, penalty, or sanction it imposes upon the offender pursuant to subsection (d)(2) hereof, or pursuant to any other provision of law, the court also may impose upon the offender any of the sanctions provided under Ohio R.C. 2919.22(E)(5)(d). (e) (1) If a person violates subsection (c) hereof and if, at the time of the violation, there were two or more children under eighteen years of age in the motor vehicle involved in the violation, the offender may be convicted of a violation of subsection (c) hereof for each of the children, but the court may sentence the offender for only one of the violations. (2) A. If a person is convicted of or pleads guilty to a violation of subsection (c) hereof but the person is not also convicted of and does not also plead guilty to a separate charge charging the violation of Section 333.01(a) of the Traffic Code that was the basis of the charge of the violation of subsection (c) hereof, both of the following apply: 1. For purposes of the provisions of the Traffic Code penalty that set forth the penalties and sanctions for a violation of Section 333.01(a) of the Traffic Code, the conviction of or plea of guilty to the violation of subsection (c) hereof shall not constitute a violation of Section 333.01(a) of the Traffic Code. 2. For purposes of any provision of law that refers to a conviction of or plea of guilty to a violation of Section 333.01(a) of the Traffic Code and that is not described in subsection (e)(2)A.1. hereof, the conviction of or plea of guilty to the violation of subsection (c) hereof shall constitute a conviction of or plea of guilty to a violation of Section 333.01(a) of the Traffic Code. B. If a person is convicted of or pleads guilty to a violation of subsection (c) hereof and the person also is convicted of or pleads guilty to a separate charge charging the violation of Section 333.01(a) of the Traffic Code that was the basis of the charge of the violation of subsection (c) hereof, the conviction of or plea of guilty to the violation of subsection (c) hereof shall not constitute, for purposes of any provision of law that refers to a conviction of or plea of guilty to a violation of Section 333.01(a) of the Traffic Code, a conviction of or plea of guilty to a violation of Section 333.01(a) of the Traffic Code. (ORC 2919.22) 537.08 UNLAWFUL RESTRAINT. (a) No person, without privilege to do so, shall knowingly restrain another of the other person’s liberty. (b) No person, without privilege to do so and with a sexual motivation, shall knowingly restrain another of the other person’s liberty. (c) Whoever violates this section is guilty of unlawful restraint, a misdemeanor of the third degree. (d) As used in this section, “sexual motivation” has the same meaning as in Ohio R.C. 2971.01. (ORC 2905.03) 537.09 COERCION. (a) No person, with purpose to coerce another into taking or refraining from action concerning which the other person has a legal freedom of choice, shall do any of the following: (1) Threaten to commit any offense; (2) Utter or threaten any calumny against any person; (3) Expose or threaten to expose any matter tending to subject any person to hatred, contempt or ridicule, to damage any person’s personal or business repute, or to impair any person’s credit; (4) Institute or threaten criminal proceedings against any person; (5) Take or withhold, or threaten to take or withhold official action, or cause or threaten to cause official action to be taken or withheld. (b) Subsections (a)(4) and (5) hereof shall not be construed to prohibit a prosecutor or court from doing any of the following in good faith and in the interest of justice: (1) Offering or agreeing to grant, or granting immunity from prosecution pursuant to Ohio R.C. 2945.44; (2) In return for a plea of guilty to one or more offenses charged or to one or more other or lesser offenses, or in return for the testimony of the accused in a case to which the accused is not a party, offering or agreeing to dismiss, or dismissing one or more charges pending against an accused, or offering or agreeing to impose, or imposing a certain sentence or modification of sentence; (3) Imposing community control sanction on certain conditions, including without limitation requiring the offender to make restitution or redress to the victim of the offense. (c) It is an affirmative defense to a charge under subsection (a)(3), (4) or (5) hereof that the actor's conduct was a reasonable response to the circumstances that occasioned it, and that the actor’s purpose was limited to any of the following: (1) Compelling another to refrain from misconduct or to desist from further misconduct; (2) Preventing or redressing a wrong or injustice; (3) Preventing another from taking action for which the actor reasonably believed the other person to be disqualified; (4) Compelling another to take action that the actor reasonably believed the other person to be under a duty to take. (d) Whoever violates this section is guilty of coercion, a misdemeanor of the second degree. (e) As used in this section: (1) "Threat" includes a direct threat and a threat by innuendo. (2) “Community control sanction” has the same meaning as in Ohio R.C. 2929.01. (ORC 2905.12) 537.10 TELECOMMUNICATION HARASSMENT. (a) No person shall knowingly make or cause to be made a telecommunication, or knowingly permit telecommunication to be made from a telecommunications device under the person’s control, to another, if the caller does any of the following: (1) Makes the telecommunication with purpose to harass, intimidate, or abuse, any person at the premises to which the telecommunication is made, whether or not actual communication takes place between the caller and a recipient; (2) Describes, suggests, requests, or proposes that the caller, the recipient of the telecommunication, or any other person engage in sexual activity, and the recipient or another person at the premises to which the telecommunication is made has requested, in a previous telecommunication or in the immediate telecommunication, that the caller not make a telecommunication to the recipient or to the premises to which the telecommunication is made; (3) During the telecommunication, violates Ohio R.C. 2903.21; (4) Knowingly states to the recipient of the telecommunication that the caller intends to cause damage to or destroy public or private property, and the recipient, any member of the recipient’s family, or any other person who resides at the premises to which the telecommunication is made owns, leases, resides, or works in, will at the time of the destruction or damaging be near or in, has the responsibility of protecting, or insures the property that will be destroyed or damaged; (5) Knowingly makes the telecommunication to the recipient of the telecommunication, to another person at the premises to which the telecommunication is made, or to those premises, and the recipient or another person at those premises previously has told the caller not to make a telecommunication to those premises or to any person at those premises. (6) Knowingly makes any comment, request, suggestion, or proposal to the recipient of the telecommunication that is threatening, intimidating, menacing, coercive, or obscene with the intent to abuse, threaten or harass the recipient; (7) Without a lawful business purpose, knowingly interrupts the telecommunication service of any person; (8) Without a lawful business purpose, knowingly transmits to any person, regardless of whether the telecommunication is heard in its entirety, any file, document or other communication that prevents that person from using the person’s telephone service or electronic communication device; (9) Knowingly makes any false statement concerning the death, injury, illness, disfigurement, reputation, indecent conduct, or criminal conduct of the recipient of the telecommunication or family or household member of the recipient with purpose to abuse, threaten, intimidate, or harass the recipient; (10) Knowingly incites another person through a telecommunication or other means to harass or participate in the harassment of a person; (11) Knowingly alarms the recipient by making a telecommunication without a lawful purpose at an hour or hours known to be inconvenient to the recipient and in an offensive or repetitive manner. (b) (1) No person shall make or cause to be made a telecommunication, or permit a telecommunication to be made from a telecommunications device under the person’s control, with purpose to abuse, threaten, or harass another person. (2) No person shall knowingly post a text or audio statement or an image on an internet web site or web page for the purpose of abusing, threatening, or harassing another person. (c) (1) Whoever violates this section is guilty of telecommunication harassment. (2) A violation of subsections (a)(1), (2), (3), (5), (6), (7), (8), (9), (10), or (11) or (b) hereof is a misdemeanor of the first degree on a first offense. Each subsequent offense is a felony and shall be prosecuted under appropriate State law. (3) Whoever violates subsection (a)(4) hereof is guilty of a misdemeanor of the first degree for a first offense. For each subsequent offense or if a violation of subsection (a)(4) hereof results in economic harm of one thousand dollars ($1,000) or more, a violation of subsection (a)(4) hereof is a felony and shall be prosecuted under appropriate State law. (d) No cause of action may be asserted in any court of this State against any provider of a telecommunications service, interactive computer service as defined in Section 230 of Title 47 of the United States Code, or information service, or against any officer, employee, or agent of a telecommunication service, interactive computer service as defined in Section 230 of Title 47 of the United States Code, or information service, for any injury, death, or loss to person or property that allegedly arises out of the provider’s, officer’s, employee’s, or agent’s provision of information, facilities, or assistance in accordance with the terms of a court order that is issued in relation to the investigation or prosecution of an alleged violation of this section. A provider of a telecommunications service, interactive computer service as defined in Section 230 of Title 47 of the United States Code, or information service, or an officer, employee, or agent of a telecommunications service, interactive computer service as defined in Section 230 of Title 47 of the United States Code, of information service, is immune from any civil or criminal liability for injury, death, or loss to person or property that allegedly arises out of the provider’s, officer’s, employee’s, or agent’s provision of information, facilities, or assistance in accordance with the terms of a court order that is issued in relation to the investigation or prosecution of an alleged violation of this section. (e) (1) This section does not apply to a person solely because the person provided access or connection to or from an electronic method of remotely transferring information not under that person’s control, including having provided capabilities that are incidental to providing access or connection to or from the electronic method of remotely transferring the information, and that do not include the creation of the content of the material that is the subject of the access or connection. In addition, any person providing access or connection to or from an electric method of remotely transferring information not under that person’s control shall not be liable for any action voluntarily taken in good faith to block the receipt or transmission through its service of any information that the person believes is, or will be sent, in violation of this section. (2) Subsection (e)(1) of this section does not create an affirmative duty for any person providing access or connection to or from an electronic method of remotely transferring information not under that person’s control to block the receipt or transmission through its service of any information that it believes is, or will be sent, in violation of this section except as otherwise provided by law. (3) Subsection (e)(1) of this section does not apply to a person who conspires with a person actively involved in the creation or knowing distribution of material in violation of this section or who knowingly advertises the availability of material of that nature. (4) A provider or user of an interactive computer service, as defined in Section 230 of Title 47 of the United States Code, shall neither be treated as the publisher or speaker of any information provided by another information content provider, as defined in Section 230 of Title 47 of the United States Code, nor held civilly or criminally liable for the creation or development of information provided by another information content provider, as defined in Section 230 of Title 47 of the United States Code. Nothing in this subsection shall be construed to protect a person from liability to the extent that the person developed or created any content in violation of this section. (f) Subsections (a)(5) to (11) and (b)(2) of this section do not apply to a person who, while employed or contracted by a newspaper, magazine, press association, news agency, news wire service, cable channel or cable operator, or radio or television station, is gathering, processing, transmitting, compiling, editing or disseminating information for the general public, within the scope of the person’s employment in that capacity or the person’s contractual authority in that capacity. (g) As used in this section: (1) “Economic harm” means all direct, incidental, and consequential pecuniary harm suffered by a victim as a result of criminal conduct. “Economic harm” includes, but is not limited to, all of the following: A. All wages, salaries, or other compensation lost as a result of the criminal conduct; B. The cost of all wages, salaries or other compensation paid to employees for time those employees are prevented from working as a result of the criminal conduct; C. The overhead costs incurred for the time that a business is shut down as a result of the criminal conduct; D. The loss of value to tangible or intangible property that was damaged as a result of the criminal conduct. (2) “Caller” means the person described in subsection (a) hereof who makes or causes to be made a telecommunication or who permits a telecommunication to be made from a telecommunications device under that person’s control. (3) “Telecommunication” and “telecommunications device” have the same meanings as in Ohio R.C. 2913.01. (4) “Sexual activity” has the same meaning as in Ohio R.C. 2907.01. (5) “Family or household member” means any of the following: A. Any of the following who is residing or has resided with the recipient of the telecommunication against whom the act prohibited in subsection (a)(9) of this section is committed: 1. A spouse, a person living as a spouse, or a former spouse of the recipient; 2. A parent, a foster parent, or a child of the recipient, or another person related by consanguinity or affinity to the recipient; 3.. A parent or a child of a spouse, person living as a spouse, or former spouse of the recipient, or anther person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of the recipient. B. The natural parent of any child of whom the recipient of the telecommunication against whom the act prohibited in subsection (a)(9) of this section is committed is the other natural parent or is the putative other natural parent. (6) “Person living as a spouse” means a person who is living or has lived with the recipient of the telecommunication against whom the act prohibited in subsection (a)(9) of this section is committed in a common law marital relationship, who otherwise is cohabiting with the recipient, or who otherwise has cohabited with the recipient within five years prior to the date of the alleged commission of the act in question. (7) “Cable operator” has the same meaning as in Ohio R.C. 1332.21. (h) Nothing in this section prohibits a person from making a telecommunication call to a debtor that is in compliance with the “Fair Debt Collection Practices Act”, 91 Stat. 874 (1977), 15 U.S.C. 1692, as amended, or the “Telephone Consumer Protection Act”, 105 Stat. 2395 (1991), 47 U.S.C. 227, as amended. (ORC 2917.21) Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588. Hosted by: American Legal Publishing Back to Code Library Previous Doc Next Doc 0 items available --- ## Detected legislative history - Ordinances of Sheffield Lake, OH - ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO - ORDINANCE NO. 116-84 - ORDINANCES OF SHEFFIELD LAKE - orderly Conduct and Peace Disturbance - ORDER - ordance with the tenets of a recognized religious body - ordance with the terms of a court order that is issued in relation to the investigation or prosecution of an alleged violation of this section - amended, or the “Telephone Consumer Protection Act”, 105 Stat - amended - Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality - Ordinances should be consulted prior to any action being taken - Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588 --- *Imported automatically by MunicipalWiki. The original publisher remains the authoritative source pending legal normalization and verification.* # 537.09 COERCION. # 537.09 COERCION.
Document typesection
Identifier537.09
Citation§ 537.09
Ordinances detectedS, 116-84, ER
Dates detectedMarch 23, 2000
Original source[American Legal Publishing](https://codelibrary.amlegal.com/codes/sheffieldlake/latest/sheffieldlake_oh/0-0-0-11784)
Content hash`aa62609271c06107e584dc535c5fa4d90056b4e617d2d2da1a99bbffb0fd6dd8`
--- Skip to main content Search Sitemap Login Select Language Resources Skip to code content (skip section selection) 2025-04 (current) Sheffield Lake Overview Codified Ordinances of Sheffield Lake, OH CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO CERTIFICATION ROSTER OF OFFICIALS ADOPTING ORDINANCE NO. 116-84 COMPARATIVE SECTION TABLE TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE CHARTER PART ONE - ADMINISTRATIVE CODE PART THREE - TRAFFIC CODE PART FIVE - GENERAL OFFENSES CODE CHAPTER 501 General Provisions and Penalty CHAPTER 505 Animals and Fowl CHAPTER 509 Disorderly Conduct and Peace Disturbance CHAPTER 513 Drug Abuse Control CHAPTER 517 Gambling CHAPTER 521 Health, Safety and Sanitation CHAPTER 525 Law Enforcement and Public Office CHAPTER 529 Liquor Control CHAPTER 531 Noise Control CHAPTER 533 Obscenity and Sex Offenses CHAPTER 537 Offenses Against Persons 537.01 NEGLIGENT HOMICIDE. 537.02 VEHICULAR HOMICIDE AND MANSLAUGHTER. 537.021 VEHICULAR ASSAULT IN A CONSTRUCTION ZONE. 537.03 ASSAULT. 537.04 NEGLIGENT ASSAULT. 537.05 AGGRAVATED MENACING. 537.051 MENACING BY STALKING. 537.06 MENACING. 537.07 ENDANGERING CHILDREN. 537.08 UNLAWFUL RESTRAINT. 537.09 COERCION. 537.10 TELECOMMUNICATION HARASSMENT. 537.11 THREATENING OR HARASSING TELEPHONE CALLS. 537.12 MISUSE OF 9-1-1 SYSTEM. 537.13 ADULTERATING OF OR FURNISHING ADULTERATED FOOD OR CONFECTION. 537.14 DOMESTIC VIOLENCE. 537.15 ANNOYING BUILDING OCCUPANTS. 537.16 MOLESTING OR INSULTING PERSONS. 537.17 TEMPORARY PROTECTION ORDER. 537.18 ILLEGAL DISTRIBUTION OF CIGARETTES, OTHER TOBACCO PRODUCTS, OR ALTERNATE NICOTINE PRODUCTS; TRANSACTION SCANS. 537.19 RESERVED. 537.20 CONTRIBUTING TO UNRULINESS OR DELINQUENCY OF A CHILD. 537.21 HAZING PROHIBITED. 537.22 ILLEGAL USE OF A TRACKING DEVICE OR APPLICATION. 537.99 PENALTY. CHAPTER 541 Property Offenses CHAPTER 545 Theft and Fraud CHAPTER 549 Weapons and Explosives CHAPTER 553 Railroads CHAPTER 557 Watercraft CHAPTER 561 Weeds and Grass PART SEVEN - BUSINESS REGULATION CODE PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE PART ELEVEN - PLANNING AND ZONING CODE PART THIRTEEN - BUILDING CODE PART FIFTEEN - FIRE PREVENTION CODE OH Sheffield Lake Codified Ordinances of Sheffield Lake, OH 537.09 COERCION. CHAPTER 537 Offenses Against Persons 537.07 ENDANGERING CHILDREN. (a) No person, who is the parent, guardian, custodian, person having custody or control, or person in loco parentis of a child under eighteen years of age or a child with a mental or physical disability under twenty-one years of age, shall create a substantial risk to the health or safety of the child, by violating a duty of care, protection or support. It is not a violation of a duty of care, protection or support under this subsection when the parent, guardian, custodian or person having custody or control of a child treats the physical or mental illness or disability of the child by spiritual means through prayer alone, in accordance with the tenets of a recognized religious body. (b) No person shall abuse a child under eighteen years of age or a child with a mental or physical disability under twenty-one years of age. (c) (1) No person shall operate a vehicle in violation of Section 333.01(a) of the Traffic Code when one or more children under eighteen years of age are in the vehicle. Notwithstanding any other provision of law, a person may be convicted at the same trial or proceeding of a violation of subsection (c) hereof and a violation of Section 333.01(a) of the Traffic Code that constitutes the basis of the charge of the violation of subsection (c) hereof. For purposes of Ohio R.C. 4511.191 to 4511.197 and all related provisions of law, a person arrested for a violation of subsection (c) hereof shall be considered to be under arrest for operating a vehicle while under the influence of alcohol, a drug of abuse, or a combination of them or for operating a vehicle with a prohibited concentration of alcohol, a controlled substance, or a metabolite of a controlled substance in the whole blood, blood serum or plasma, breath, or urine. (2) As used in subsection (c) hereof: A. “Controlled substance” has the same meaning as in Ohio R.C. 3719.01. B. "Vehicle" has the same meaning as in Ohio R.C. 4511.01. (d) Whoever violates this section is guilty of endangering children. (1) Whoever violates subsection (a) or (b) hereof is guilty of a misdemeanor of the first degree. If the violation results in serious physical harm to the child involved, or if the offender previously has been convicted of an offense under this section, Ohio R.C. 2919.22 or of any offense involving neglect, abandonment, contributing to the delinquency of or physical abuse of a child, endangering children is a felony and shall be prosecuted under appropriate State law. (2) Whoever violates subsection (c) hereof is guilty of a misdemeanor of the first degree. Endangering children is a felony and shall be prosecuted under appropriate State law if either of the following applies: A. The violation results in serious physical harm to the child involved or the offender previously has been convicted of an offense under Ohio R.C. 2919.22 or any offense involving neglect, abandonment, contributing to the delinquency of, or physical abuse of a child. B. The violation results in serious physical harm to the child involved and the offender previously has been convicted of a violation of Ohio R.C. 2919.22(C) or subsection (c) hereof, Ohio R.C. 2903.06, or 2903.08, Section 2903.07 as it existed prior to March 23, 2000, or Ohio R.C. 2903.04 in a case in which the offender was subject to the sanctions described in division (D) of that section. (3) In addition to any term of imprisonment, fine, or other sentence, penalty, or sanction it imposes upon the offender pursuant to subsection (d)(2) hereof, or pursuant to any other provision of law, the court also may impose upon the offender any of the sanctions provided under Ohio R.C. 2919.22(E)(5)(d). (e) (1) If a person violates subsection (c) hereof and if, at the time of the violation, there were two or more children under eighteen years of age in the motor vehicle involved in the violation, the offender may be convicted of a violation of subsection (c) hereof for each of the children, but the court may sentence the offender for only one of the violations. (2) A. If a person is convicted of or pleads guilty to a violation of subsection (c) hereof but the person is not also convicted of and does not also plead guilty to a separate charge charging the violation of Section 333.01(a) of the Traffic Code that was the basis of the charge of the violation of subsection (c) hereof, both of the following apply: 1. For purposes of the provisions of the Traffic Code penalty that set forth the penalties and sanctions for a violation of Section 333.01(a) of the Traffic Code, the conviction of or plea of guilty to the violation of subsection (c) hereof shall not constitute a violation of Section 333.01(a) of the Traffic Code. 2. For purposes of any provision of law that refers to a conviction of or plea of guilty to a violation of Section 333.01(a) of the Traffic Code and that is not described in subsection (e)(2)A.1. hereof, the conviction of or plea of guilty to the violation of subsection (c) hereof shall constitute a conviction of or plea of guilty to a violation of Section 333.01(a) of the Traffic Code. B. If a person is convicted of or pleads guilty to a violation of subsection (c) hereof and the person also is convicted of or pleads guilty to a separate charge charging the violation of Section 333.01(a) of the Traffic Code that was the basis of the charge of the violation of subsection (c) hereof, the conviction of or plea of guilty to the violation of subsection (c) hereof shall not constitute, for purposes of any provision of law that refers to a conviction of or plea of guilty to a violation of Section 333.01(a) of the Traffic Code, a conviction of or plea of guilty to a violation of Section 333.01(a) of the Traffic Code. (ORC 2919.22) 537.08 UNLAWFUL RESTRAINT. (a) No person, without privilege to do so, shall knowingly restrain another of the other person’s liberty. (b) No person, without privilege to do so and with a sexual motivation, shall knowingly restrain another of the other person’s liberty. (c) Whoever violates this section is guilty of unlawful restraint, a misdemeanor of the third degree. (d) As used in this section, “sexual motivation” has the same meaning as in Ohio R.C. 2971.01. (ORC 2905.03) 537.09 COERCION. (a) No person, with purpose to coerce another into taking or refraining from action concerning which the other person has a legal freedom of choice, shall do any of the following: (1) Threaten to commit any offense; (2) Utter or threaten any calumny against any person; (3) Expose or threaten to expose any matter tending to subject any person to hatred, contempt or ridicule, to damage any person’s personal or business repute, or to impair any person’s credit; (4) Institute or threaten criminal proceedings against any person; (5) Take or withhold, or threaten to take or withhold official action, or cause or threaten to cause official action to be taken or withheld. (b) Subsections (a)(4) and (5) hereof shall not be construed to prohibit a prosecutor or court from doing any of the following in good faith and in the interest of justice: (1) Offering or agreeing to grant, or granting immunity from prosecution pursuant to Ohio R.C. 2945.44; (2) In return for a plea of guilty to one or more offenses charged or to one or more other or lesser offenses, or in return for the testimony of the accused in a case to which the accused is not a party, offering or agreeing to dismiss, or dismissing one or more charges pending against an accused, or offering or agreeing to impose, or imposing a certain sentence or modification of sentence; (3) Imposing community control sanction on certain conditions, including without limitation requiring the offender to make restitution or redress to the victim of the offense. (c) It is an affirmative defense to a charge under subsection (a)(3), (4) or (5) hereof that the actor's conduct was a reasonable response to the circumstances that occasioned it, and that the actor’s purpose was limited to any of the following: (1) Compelling another to refrain from misconduct or to desist from further misconduct; (2) Preventing or redressing a wrong or injustice; (3) Preventing another from taking action for which the actor reasonably believed the other person to be disqualified; (4) Compelling another to take action that the actor reasonably believed the other person to be under a duty to take. (d) Whoever violates this section is guilty of coercion, a misdemeanor of the second degree. (e) As used in this section: (1) "Threat" includes a direct threat and a threat by innuendo. (2) “Community control sanction” has the same meaning as in Ohio R.C. 2929.01. (ORC 2905.12) 537.10 TELECOMMUNICATION HARASSMENT. (a) No person shall knowingly make or cause to be made a telecommunication, or knowingly permit telecommunication to be made from a telecommunications device under the person’s control, to another, if the caller does any of the following: (1) Makes the telecommunication with purpose to harass, intimidate, or abuse, any person at the premises to which the telecommunication is made, whether or not actual communication takes place between the caller and a recipient; (2) Describes, suggests, requests, or proposes that the caller, the recipient of the telecommunication, or any other person engage in sexual activity, and the recipient or another person at the premises to which the telecommunication is made has requested, in a previous telecommunication or in the immediate telecommunication, that the caller not make a telecommunication to the recipient or to the premises to which the telecommunication is made; (3) During the telecommunication, violates Ohio R.C. 2903.21; (4) Knowingly states to the recipient of the telecommunication that the caller intends to cause damage to or destroy public or private property, and the recipient, any member of the recipient’s family, or any other person who resides at the premises to which the telecommunication is made owns, leases, resides, or works in, will at the time of the destruction or damaging be near or in, has the responsibility of protecting, or insures the property that will be destroyed or damaged; (5) Knowingly makes the telecommunication to the recipient of the telecommunication, to another person at the premises to which the telecommunication is made, or to those premises, and the recipient or another person at those premises previously has told the caller not to make a telecommunication to those premises or to any person at those premises. (6) Knowingly makes any comment, request, suggestion, or proposal to the recipient of the telecommunication that is threatening, intimidating, menacing, coercive, or obscene with the intent to abuse, threaten or harass the recipient; (7) Without a lawful business purpose, knowingly interrupts the telecommunication service of any person; (8) Without a lawful business purpose, knowingly transmits to any person, regardless of whether the telecommunication is heard in its entirety, any file, document or other communication that prevents that person from using the person’s telephone service or electronic communication device; (9) Knowingly makes any false statement concerning the death, injury, illness, disfigurement, reputation, indecent conduct, or criminal conduct of the recipient of the telecommunication or family or household member of the recipient with purpose to abuse, threaten, intimidate, or harass the recipient; (10) Knowingly incites another person through a telecommunication or other means to harass or participate in the harassment of a person; (11) Knowingly alarms the recipient by making a telecommunication without a lawful purpose at an hour or hours known to be inconvenient to the recipient and in an offensive or repetitive manner. (b) (1) No person shall make or cause to be made a telecommunication, or permit a telecommunication to be made from a telecommunications device under the person’s control, with purpose to abuse, threaten, or harass another person. (2) No person shall knowingly post a text or audio statement or an image on an internet web site or web page for the purpose of abusing, threatening, or harassing another person. (c) (1) Whoever violates this section is guilty of telecommunication harassment. (2) A violation of subsections (a)(1), (2), (3), (5), (6), (7), (8), (9), (10), or (11) or (b) hereof is a misdemeanor of the first degree on a first offense. Each subsequent offense is a felony and shall be prosecuted under appropriate State law. (3) Whoever violates subsection (a)(4) hereof is guilty of a misdemeanor of the first degree for a first offense. For each subsequent offense or if a violation of subsection (a)(4) hereof results in economic harm of one thousand dollars ($1,000) or more, a violation of subsection (a)(4) hereof is a felony and shall be prosecuted under appropriate State law. (d) No cause of action may be asserted in any court of this State against any provider of a telecommunications service, interactive computer service as defined in Section 230 of Title 47 of the United States Code, or information service, or against any officer, employee, or agent of a telecommunication service, interactive computer service as defined in Section 230 of Title 47 of the United States Code, or information service, for any injury, death, or loss to person or property that allegedly arises out of the provider’s, officer’s, employee’s, or agent’s provision of information, facilities, or assistance in accordance with the terms of a court order that is issued in relation to the investigation or prosecution of an alleged violation of this section. A provider of a telecommunications service, interactive computer service as defined in Section 230 of Title 47 of the United States Code, or information service, or an officer, employee, or agent of a telecommunications service, interactive computer service as defined in Section 230 of Title 47 of the United States Code, of information service, is immune from any civil or criminal liability for injury, death, or loss to person or property that allegedly arises out of the provider’s, officer’s, employee’s, or agent’s provision of information, facilities, or assistance in accordance with the terms of a court order that is issued in relation to the investigation or prosecution of an alleged violation of this section. (e) (1) This section does not apply to a person solely because the person provided access or connection to or from an electronic method of remotely transferring information not under that person’s control, including having provided capabilities that are incidental to providing access or connection to or from the electronic method of remotely transferring the information, and that do not include the creation of the content of the material that is the subject of the access or connection. In addition, any person providing access or connection to or from an electric method of remotely transferring information not under that person’s control shall not be liable for any action voluntarily taken in good faith to block the receipt or transmission through its service of any information that the person believes is, or will be sent, in violation of this section. (2) Subsection (e)(1) of this section does not create an affirmative duty for any person providing access or connection to or from an electronic method of remotely transferring information not under that person’s control to block the receipt or transmission through its service of any information that it believes is, or will be sent, in violation of this section except as otherwise provided by law. (3) Subsection (e)(1) of this section does not apply to a person who conspires with a person actively involved in the creation or knowing distribution of material in violation of this section or who knowingly advertises the availability of material of that nature. (4) A provider or user of an interactive computer service, as defined in Section 230 of Title 47 of the United States Code, shall neither be treated as the publisher or speaker of any information provided by another information content provider, as defined in Section 230 of Title 47 of the United States Code, nor held civilly or criminally liable for the creation or development of information provided by another information content provider, as defined in Section 230 of Title 47 of the United States Code. Nothing in this subsection shall be construed to protect a person from liability to the extent that the person developed or created any content in violation of this section. (f) Subsections (a)(5) to (11) and (b)(2) of this section do not apply to a person who, while employed or contracted by a newspaper, magazine, press association, news agency, news wire service, cable channel or cable operator, or radio or television station, is gathering, processing, transmitting, compiling, editing or disseminating information for the general public, within the scope of the person’s employment in that capacity or the person’s contractual authority in that capacity. (g) As used in this section: (1) “Economic harm” means all direct, incidental, and consequential pecuniary harm suffered by a victim as a result of criminal conduct. “Economic harm” includes, but is not limited to, all of the following: A. All wages, salaries, or other compensation lost as a result of the criminal conduct; B. The cost of all wages, salaries or other compensation paid to employees for time those employees are prevented from working as a result of the criminal conduct; C. The overhead costs incurred for the time that a business is shut down as a result of the criminal conduct; D. The loss of value to tangible or intangible property that was damaged as a result of the criminal conduct. (2) “Caller” means the person described in subsection (a) hereof who makes or causes to be made a telecommunication or who permits a telecommunication to be made from a telecommunications device under that person’s control. (3) “Telecommunication” and “telecommunications device” have the same meanings as in Ohio R.C. 2913.01. (4) “Sexual activity” has the same meaning as in Ohio R.C. 2907.01. (5) “Family or household member” means any of the following: A. Any of the following who is residing or has resided with the recipient of the telecommunication against whom the act prohibited in subsection (a)(9) of this section is committed: 1. A spouse, a person living as a spouse, or a former spouse of the recipient; 2. A parent, a foster parent, or a child of the recipient, or another person related by consanguinity or affinity to the recipient; 3.. A parent or a child of a spouse, person living as a spouse, or former spouse of the recipient, or anther person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of the recipient. B. The natural parent of any child of whom the recipient of the telecommunication against whom the act prohibited in subsection (a)(9) of this section is committed is the other natural parent or is the putative other natural parent. (6) “Person living as a spouse” means a person who is living or has lived with the recipient of the telecommunication against whom the act prohibited in subsection (a)(9) of this section is committed in a common law marital relationship, who otherwise is cohabiting with the recipient, or who otherwise has cohabited with the recipient within five years prior to the date of the alleged commission of the act in question. (7) “Cable operator” has the same meaning as in Ohio R.C. 1332.21. (h) Nothing in this section prohibits a person from making a telecommunication call to a debtor that is in compliance with the “Fair Debt Collection Practices Act”, 91 Stat. 874 (1977), 15 U.S.C. 1692, as amended, or the “Telephone Consumer Protection Act”, 105 Stat. 2395 (1991), 47 U.S.C. 227, as amended. (ORC 2917.21) Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588. Hosted by: American Legal Publishing Back to Code Library Previous Doc Next Doc 0 items available --- ## Detected legislative history - Ordinances of Sheffield Lake, OH - ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO - ORDINANCE NO. 116-84 - ORDINANCES OF SHEFFIELD LAKE - orderly Conduct and Peace Disturbance - ORDER - ordance with the tenets of a recognized religious body - ordance with the terms of a court order that is issued in relation to the investigation or prosecution of an alleged violation of this section - amended, or the “Telephone Consumer Protection Act”, 105 Stat - amended - Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality - Ordinances should be consulted prior to any action being taken - Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588 --- *Imported automatically by MunicipalWiki. The original publisher remains the authoritative source pending legal normalization and verification.* # 537.11 THREATENING OR HARASSING TELEPHONE CALLS. # 537.11 THREATENING OR HARASSING TELEPHONE CALLS.
Document typesection
Identifier537.11
Citation§ 537.11
Ordinances detectedS, 116-84, ER, OR, 63-71, INANCE
Dates detectedSeptember 13, 2010
Original source[American Legal Publishing](https://codelibrary.amlegal.com/codes/sheffieldlake/latest/sheffieldlake_oh/0-0-0-11837)
Content hash`6e152e7216b2f9dd792ec018416a3747a3d8af6a1db142505b2d2ffee00f0924`
--- Skip to main content Search Sitemap Login Select Language Resources Skip to code content (skip section selection) 2025-04 (current) Sheffield Lake Overview Codified Ordinances of Sheffield Lake, OH CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO CERTIFICATION ROSTER OF OFFICIALS ADOPTING ORDINANCE NO. 116-84 COMPARATIVE SECTION TABLE TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE CHARTER PART ONE - ADMINISTRATIVE CODE PART THREE - TRAFFIC CODE PART FIVE - GENERAL OFFENSES CODE CHAPTER 501 General Provisions and Penalty CHAPTER 505 Animals and Fowl CHAPTER 509 Disorderly Conduct and Peace Disturbance CHAPTER 513 Drug Abuse Control CHAPTER 517 Gambling CHAPTER 521 Health, Safety and Sanitation CHAPTER 525 Law Enforcement and Public Office CHAPTER 529 Liquor Control CHAPTER 531 Noise Control CHAPTER 533 Obscenity and Sex Offenses CHAPTER 537 Offenses Against Persons 537.01 NEGLIGENT HOMICIDE. 537.02 VEHICULAR HOMICIDE AND MANSLAUGHTER. 537.021 VEHICULAR ASSAULT IN A CONSTRUCTION ZONE. 537.03 ASSAULT. 537.04 NEGLIGENT ASSAULT. 537.05 AGGRAVATED MENACING. 537.051 MENACING BY STALKING. 537.06 MENACING. 537.07 ENDANGERING CHILDREN. 537.08 UNLAWFUL RESTRAINT. 537.09 COERCION. 537.10 TELECOMMUNICATION HARASSMENT. 537.11 THREATENING OR HARASSING TELEPHONE CALLS. 537.12 MISUSE OF 9-1-1 SYSTEM. 537.13 ADULTERATING OF OR FURNISHING ADULTERATED FOOD OR CONFECTION. 537.14 DOMESTIC VIOLENCE. 537.15 ANNOYING BUILDING OCCUPANTS. 537.16 MOLESTING OR INSULTING PERSONS. 537.17 TEMPORARY PROTECTION ORDER. 537.18 ILLEGAL DISTRIBUTION OF CIGARETTES, OTHER TOBACCO PRODUCTS, OR ALTERNATE NICOTINE PRODUCTS; TRANSACTION SCANS. 537.19 RESERVED. 537.20 CONTRIBUTING TO UNRULINESS OR DELINQUENCY OF A CHILD. 537.21 HAZING PROHIBITED. 537.22 ILLEGAL USE OF A TRACKING DEVICE OR APPLICATION. 537.99 PENALTY. CHAPTER 541 Property Offenses CHAPTER 545 Theft and Fraud CHAPTER 549 Weapons and Explosives CHAPTER 553 Railroads CHAPTER 557 Watercraft CHAPTER 561 Weeds and Grass PART SEVEN - BUSINESS REGULATION CODE PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE PART ELEVEN - PLANNING AND ZONING CODE PART THIRTEEN - BUILDING CODE PART FIFTEEN - FIRE PREVENTION CODE OH Sheffield Lake Codified Ordinances of Sheffield Lake, OH 537.11 THREATENING OR HARASSING TELEPHONE CALLS. CHAPTER 537 Offenses Against Persons 537.10 TELECOMMUNICATION HARASSMENT. (a) No person shall knowingly make or cause to be made a telecommunication, or knowingly permit telecommunication to be made from a telecommunications device under the person’s control, to another, if the caller does any of the following: (1) Makes the telecommunication with purpose to harass, intimidate, or abuse, any person at the premises to which the telecommunication is made, whether or not actual communication takes place between the caller and a recipient; (2) Describes, suggests, requests, or proposes that the caller, the recipient of the telecommunication, or any other person engage in sexual activity, and the recipient or another person at the premises to which the telecommunication is made has requested, in a previous telecommunication or in the immediate telecommunication, that the caller not make a telecommunication to the recipient or to the premises to which the telecommunication is made; (3) During the telecommunication, violates Ohio R.C. 2903.21; (4) Knowingly states to the recipient of the telecommunication that the caller intends to cause damage to or destroy public or private property, and the recipient, any member of the recipient’s family, or any other person who resides at the premises to which the telecommunication is made owns, leases, resides, or works in, will at the time of the destruction or damaging be near or in, has the responsibility of protecting, or insures the property that will be destroyed or damaged; (5) Knowingly makes the telecommunication to the recipient of the telecommunication, to another person at the premises to which the telecommunication is made, or to those premises, and the recipient or another person at those premises previously has told the caller not to make a telecommunication to those premises or to any person at those premises. (6) Knowingly makes any comment, request, suggestion, or proposal to the recipient of the telecommunication that is threatening, intimidating, menacing, coercive, or obscene with the intent to abuse, threaten or harass the recipient; (7) Without a lawful business purpose, knowingly interrupts the telecommunication service of any person; (8) Without a lawful business purpose, knowingly transmits to any person, regardless of whether the telecommunication is heard in its entirety, any file, document or other communication that prevents that person from using the person’s telephone service or electronic communication device; (9) Knowingly makes any false statement concerning the death, injury, illness, disfigurement, reputation, indecent conduct, or criminal conduct of the recipient of the telecommunication or family or household member of the recipient with purpose to abuse, threaten, intimidate, or harass the recipient; (10) Knowingly incites another person through a telecommunication or other means to harass or participate in the harassment of a person; (11) Knowingly alarms the recipient by making a telecommunication without a lawful purpose at an hour or hours known to be inconvenient to the recipient and in an offensive or repetitive manner. (b) (1) No person shall make or cause to be made a telecommunication, or permit a telecommunication to be made from a telecommunications device under the person’s control, with purpose to abuse, threaten, or harass another person. (2) No person shall knowingly post a text or audio statement or an image on an internet web site or web page for the purpose of abusing, threatening, or harassing another person. (c) (1) Whoever violates this section is guilty of telecommunication harassment. (2) A violation of subsections (a)(1), (2), (3), (5), (6), (7), (8), (9), (10), or (11) or (b) hereof is a misdemeanor of the first degree on a first offense. Each subsequent offense is a felony and shall be prosecuted under appropriate State law. (3) Whoever violates subsection (a)(4) hereof is guilty of a misdemeanor of the first degree for a first offense. For each subsequent offense or if a violation of subsection (a)(4) hereof results in economic harm of one thousand dollars ($1,000) or more, a violation of subsection (a)(4) hereof is a felony and shall be prosecuted under appropriate State law. (d) No cause of action may be asserted in any court of this State against any provider of a telecommunications service, interactive computer service as defined in Section 230 of Title 47 of the United States Code, or information service, or against any officer, employee, or agent of a telecommunication service, interactive computer service as defined in Section 230 of Title 47 of the United States Code, or information service, for any injury, death, or loss to person or property that allegedly arises out of the provider’s, officer’s, employee’s, or agent’s provision of information, facilities, or assistance in accordance with the terms of a court order that is issued in relation to the investigation or prosecution of an alleged violation of this section. A provider of a telecommunications service, interactive computer service as defined in Section 230 of Title 47 of the United States Code, or information service, or an officer, employee, or agent of a telecommunications service, interactive computer service as defined in Section 230 of Title 47 of the United States Code, of information service, is immune from any civil or criminal liability for injury, death, or loss to person or property that allegedly arises out of the provider’s, officer’s, employee’s, or agent’s provision of information, facilities, or assistance in accordance with the terms of a court order that is issued in relation to the investigation or prosecution of an alleged violation of this section. (e) (1) This section does not apply to a person solely because the person provided access or connection to or from an electronic method of remotely transferring information not under that person’s control, including having provided capabilities that are incidental to providing access or connection to or from the electronic method of remotely transferring the information, and that do not include the creation of the content of the material that is the subject of the access or connection. In addition, any person providing access or connection to or from an electric method of remotely transferring information not under that person’s control shall not be liable for any action voluntarily taken in good faith to block the receipt or transmission through its service of any information that the person believes is, or will be sent, in violation of this section. (2) Subsection (e)(1) of this section does not create an affirmative duty for any person providing access or connection to or from an electronic method of remotely transferring information not under that person’s control to block the receipt or transmission through its service of any information that it believes is, or will be sent, in violation of this section except as otherwise provided by law. (3) Subsection (e)(1) of this section does not apply to a person who conspires with a person actively involved in the creation or knowing distribution of material in violation of this section or who knowingly advertises the availability of material of that nature. (4) A provider or user of an interactive computer service, as defined in Section 230 of Title 47 of the United States Code, shall neither be treated as the publisher or speaker of any information provided by another information content provider, as defined in Section 230 of Title 47 of the United States Code, nor held civilly or criminally liable for the creation or development of information provided by another information content provider, as defined in Section 230 of Title 47 of the United States Code. Nothing in this subsection shall be construed to protect a person from liability to the extent that the person developed or created any content in violation of this section. (f) Subsections (a)(5) to (11) and (b)(2) of this section do not apply to a person who, while employed or contracted by a newspaper, magazine, press association, news agency, news wire service, cable channel or cable operator, or radio or television station, is gathering, processing, transmitting, compiling, editing or disseminating information for the general public, within the scope of the person’s employment in that capacity or the person’s contractual authority in that capacity. (g) As used in this section: (1) “Economic harm” means all direct, incidental, and consequential pecuniary harm suffered by a victim as a result of criminal conduct. “Economic harm” includes, but is not limited to, all of the following: A. All wages, salaries, or other compensation lost as a result of the criminal conduct; B. The cost of all wages, salaries or other compensation paid to employees for time those employees are prevented from working as a result of the criminal conduct; C. The overhead costs incurred for the time that a business is shut down as a result of the criminal conduct; D. The loss of value to tangible or intangible property that was damaged as a result of the criminal conduct. (2) “Caller” means the person described in subsection (a) hereof who makes or causes to be made a telecommunication or who permits a telecommunication to be made from a telecommunications device under that person’s control. (3) “Telecommunication” and “telecommunications device” have the same meanings as in Ohio R.C. 2913.01. (4) “Sexual activity” has the same meaning as in Ohio R.C. 2907.01. (5) “Family or household member” means any of the following: A. Any of the following who is residing or has resided with the recipient of the telecommunication against whom the act prohibited in subsection (a)(9) of this section is committed: 1. A spouse, a person living as a spouse, or a former spouse of the recipient; 2. A parent, a foster parent, or a child of the recipient, or another person related by consanguinity or affinity to the recipient; 3.. A parent or a child of a spouse, person living as a spouse, or former spouse of the recipient, or anther person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of the recipient. B. The natural parent of any child of whom the recipient of the telecommunication against whom the act prohibited in subsection (a)(9) of this section is committed is the other natural parent or is the putative other natural parent. (6) “Person living as a spouse” means a person who is living or has lived with the recipient of the telecommunication against whom the act prohibited in subsection (a)(9) of this section is committed in a common law marital relationship, who otherwise is cohabiting with the recipient, or who otherwise has cohabited with the recipient within five years prior to the date of the alleged commission of the act in question. (7) “Cable operator” has the same meaning as in Ohio R.C. 1332.21. (h) Nothing in this section prohibits a person from making a telecommunication call to a debtor that is in compliance with the “Fair Debt Collection Practices Act”, 91 Stat. 874 (1977), 15 U.S.C. 1692, as amended, or the “Telephone Consumer Protection Act”, 105 Stat. 2395 (1991), 47 U.S.C. 227, as amended. (ORC 2917.21) 537.11 THREATENING OR HARASSING TELEPHONE CALLS. (EDITOR’S NOTE: Former Ohio R.C. 4931.31 from which Section 537.11 was derived was repealed by Senate Bill 162, effective September 13, 2010. See now Section 537.10 “Telecommunication Harassment”.) 537.12 MISUSE OF 9-1-1 SYSTEM. (a) “9-1-1 system” means a system through which individuals can request emergency service using the access number 9-1-1. (ORC 128.01(A)) (b) No person shall knowingly use the telephone number of the 9-1-1 system established under Ohio R.C. Chapter 128 to report an emergency if he knows that no emergency exists. (c) No person shall knowingly use a 9-1-1 system for a purpose other than obtaining emergency service. (d) No person shall disclose or use any information concerning telephone numbers, addresses, or names obtained from the data base that serves the public safety answering point of a 9-1-1 system established under Ohio R.C. Chapter 128, except for any of the following purposes or under any of the following circumstances: (1) For the purpose of the 9-1-1 system; (2) For the purpose of responding to an emergency call to an emergency service provider; (3) In the circumstance of the inadvertent disclosure of such information due solely to technology of the wireline telephone network portion of the 9-1-1 system not allowing access to the data base to be restricted to 9-1-1 specific answering lines at a public safety answering point; (4) In the circumstance of access to a data base being given by a telephone company that is a wireline service provider to a public utility or municipal utility in handling customer calls in times of public emergency or service outages. The charge, terms, and conditions for the disclosure or use of such information for the purpose of such access to a data base shall be subject to the jurisdiction of the steering committee. (5) In the circumstance of access to a data base given by a telephone company that is a wireline service provider to a state and local government in warning of a public emergency, as determined by the steering committee. The charge, terms, and conditions for the disclosure or use of that information for the purpose of access to a data base is subject to the jurisdiction of the steering committee. (ORC 128.32) (e) (1) Whoever violates subsection (b) hereof is guilty of a misdemeanor of the fourth degree. (2) Whoever violates subsection (c) or (d) hereof is guilty of a misdemeanor of the fourth degree on a first offense. For each subsequent offense such person is guilty of a felony and shall be prosecuted under appropriate State law. (ORC 128.99) 537.13 ADULTERATING OF OR FURNISHING ADULTERATED FOOD OR CONFECTION. (a) No person shall do either of the following, knowingly or having reasonable cause to believe that any person may suffer physical harm or be seriously inconvenienced or annoyed thereby: (1) Place a pin, needle, razor blade, glass, laxative, drug of abuse, or other harmful or hazardous object or substance in any food or confection; (2) Furnish to any person any food or confection which has been adulterated in violation of subsection (a)(1) hereof. (ORC 3716.11) (b) Whoever violates this section is guilty of a misdemeanor of the first degree. (ORC 3716.99(C)) 537.14 DOMESTIC VIOLENCE. (a) No person shall knowingly cause or attempt to cause physical harm to a family or household member. (b) No person shall recklessly cause serious physical harm to a family or household member. (c) No person, by threat of force, shall knowingly cause a family or household member to believe that the offender will cause imminent physical harm to the family or household member. (d) (1) Whoever violates this section is guilty of domestic violence. (2) Except as otherwise provided in subsection (d)(3) to (5) of this section, a violation of subsection (c) of this section is a misdemeanor of the fourth degree, and a violation of subsection (a) or (b) of this section is a misdemeanor of the first degree. (3) Except as otherwise provided in subsection (d)(4) of this section, if the offender previously has pleaded guilty to or been convicted of domestic violence, a violation of an existing or former municipal ordinance or law of this or any other state or the United States that is substantially similar to domestic violence, a violation of Ohio R.C. 2903.14, 2909.06, 2909.07, 2911.12, 2911.211, or 2919.22 if the victim of the violation was a family or household member at the time of the violation, a violation of an existing or former municipal ordinance or law of this or any other state or the United States that is substantially similar to any of those sections if the victim of the violation was a family or household member at the time of the commission of the violation, or any offense of violence if the victim of the offense was a family or household member at the time of the commission of the offense, a violation of subsection (a) or (b) of this section is a felony and shall be prosecuted under appropriate state law, and a violation of subsection (c) of this section is a misdemeanor of the second degree. (4) If the offender previously has pleaded guilty to or been convicted of two or more offenses of domestic violence or two or more violations or offenses of the type described in subsection (d)(3) of this section involving a person who was a family or household member at the time of the violations or offenses, a violation of subsection (a) or (b) of this section is a felony to be prosecuted under appropriate state law. A violation of subsection (c) of this section is a misdemeanor of the first degree. If the offender previously has pleaded guilty to or been convicted of two or more offenses of domestic violence or two or more violations or offenses of the type described in subsection (d)(3) of this section involving a person who was a family or household member at the time of the violations or offenses, and the offender knew that the victim of the violation was pregnant at the time of the violation, a violation of subsection (a) or (b) of this section is a felony to be prosecuted under appropriate state law. (5) Except as otherwise provided in subsection (d)(3) or (4) of this section, if the offender knew that the victim of the violation was pregnant at the time of the violation, a violation of subsection (a) or (b) of this section is a felony and shall be prosecuted under appropriate State law, and a violation of subsection (c) of this section is a misdemeanor of the third degree. (e) Notwithstanding any provision of law to the contrary, no court or unit of local government shall charge any fee, cost, deposit, or money in connection with the filing of charges against a person alleging that the person violated this section or in connection with the prosecution of any charges so filed. (f) As used in this section: (1) "Family or household member" means any of the following: A. Any of the following who is residing or has resided with the offender: 1. A spouse, a person living as a spouse or a former spouse of the offender; 2. A parent, a foster parent or a child of the offender, or another person related by consanguinity or affinity to the offender; 3. A parent, or a child of a spouse, person living as a spouse, or former spouse of the offender; or another person related by consanguinity or affinity to a spouse, person living as a spouse or former spouse of the offender. B. The natural parent of any child of whom the offender is the other natural parent or is the putative other natural parent. (2) "Person living as a spouse" means a person who is living or has lived with the offender in a common law marital relationship, who otherwise is cohabiting with the offender, or who otherwise has cohabited with the offender within five years prior to the date of the alleged commission of the act in question. (ORC 2919.25) (g) The same relief available under the Ohio Revised Code for filing a complaint for violation of Ohio R.C. 2919.25 shall be available for filing a complaint for violation of this section. 537.15 ANNOYING BUILDING OCCUPANTS. (a) No person, without proper occasion, shall disturb or annoy the occupants of any dwelling, building, store or other place by knocking on the door, gate or window of such structure, or by ringing the doorbell attached thereto. (Ord. 63-71. Passed 9-14-71.) (b) Whoever violates this section is guilty of a misdemeanor of the fourth degree. 537.16 MOLESTING OR INSULTING PERSONS. (a) No person shall, unreasonably and without lawful purpose, follow, pursue, lay hands on or otherwise molest or insult any other person. (b) Whoever violates this section is guilty of a misdemeanor of the fourth degree. 537.17 TEMPORARY PROTECTION ORDER. (a) No person shall recklessly violate the terms of any of the following: (1) A protection order issued or consent agreement approved pursuant to Ohio R.C. 2919.26 or 3113.31; (2) A protection order issued pursuant to Ohio R.C. 2151.34, 2903.213 or 2903.214; (3) A protection order issued by a court of another state. (b) (1) Whoever violates this section is guilty of violating a protection order. (2) Except as otherwise provided in subsection (b)(3) of this section, violating a protection order is a misdemeanor of the first degree. (3) Violating a protection order is a felony and shall be prosecuted under State law if the offender previously has been convicted of, pleaded guilty to, or been adjudicated a delinquent child for any of the following: A. A violation of a protection order issued or consent agreement approved pursuant to Ohio R.C. 2151.34, 2903.213, 2903.214, 2919.26, or 3113.31; B. Two or more violations of Ohio R.C. 2903.21, 2903.211, 2903.22, or 2911.211 or any combination of those offenses that involved the same person who is the subject of the protection order or consent agreement; C. One or more violations of this section. (4) If the offender violates a protection order or consent agreement while committing a felony offense, violating a protection order is a felony and shall be prosecuted under appropriate state law. (5) If the protection order violated by the offender was an order issued pursuant to Ohio R.C. 2151.34 or 2903.214 that required electronic monitoring of the offender pursuant to that section, the court may require in addition to any other sentence imposed upon the offender that the offender be electronically monitored for a period not exceeding five years by a law enforcement agency designated by the court. If the court requires under this subsection that the offender be electronically monitored, unless the court determines that the offender is indigent, the court shall order that the offender pay the costs of the installation of the electronic monitoring device and the cost of monitoring the electronic monitoring device. (c) It is an affirmative defense to a charge under subsection (a)(3) of this section that the protection order issued by a court of another state does not comply with the requirements specified in 18 U.S.C. 2265(b) for a protection order that must be accorded full faith and credit by a court of this State or that it is not entitled to full faith and credit under 18 U.S.C. 2265(c). (d) In a prosecution for a violation of this section, it is not necessary for the prosecution to prove that the protection order or consent agreement was served on the defendant if the prosecution proves that the defendant was shown the protection order or consent agreement or a copy of either or a judge, magistrate, or law enforcement officer informed the defendant that a protection order or consent agreement had been issued, and proves that the defendant recklessly violated the terms of the order or agreement. (e) As used in this section, “protection order issued by a court of another state” means an injunction or another order issued by a criminal court of another state for the purpose of preventing violent or threatening acts or harassment against, contact or communication with, or physical proximity to another person, including a temporary order, and means an injunction or order of that nature issued by a civil court of another state, including a temporary order and a final order issued in an independent action or as a pendente lite order in a proceeding for other relief, if the court issued it in response to a complaint, petition or motion filed by or on behalf of a person seeking protection. “Protection order issued by a court of another state” does not include an order for support or for custody of a child. (ORC 2919.27) 537.18 ILLEGAL DISTRIBUTION OF CIGARETTES, OTHER TOBACCO PRODUCTS, OR ALTERNATE NICOTINE PRODUCTS; TRANSACTION SCANS. (a) Illegal Distribution of Cigarettes, Other Tobacco Products, or Alternative Nicotine Products. (1) As used in this section: A. “Age verification.” A service provided by an independent third party (other than a manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes) that compares information available from a commercially available database, or aggregate of databases, that regularly are used by government and businesses for the purpose of age and identity verification to personal information provided during an internet sale or other remote method of sale to establish that the purchaser is twenty-one years of age or older. B. “Alternative nicotine product.” 1. Subject to subsection (a)(1)B.2. of this section, an electronic smoking device, vapor product, or any other product or device that consists of or contains nicotine that can be ingested into the body by any means, including, but not limited to, chewing, smoking, absorbing, dissolving, or inhaling. 2. The phrase does not include any of the following: a. Any cigarette or other tobacco product; b. Any product that is a “drug” as that term is defined in 21 U.S.C. 321(g)(1); c. Any product that is a “device” as that term is defined in 21 U.S.C. 321(h); d. Any product that is a “combination product” as described in 21 U.S.C. 353(g). C. “Cigarette.” Includes clove cigarettes and hand-rolled cigarettes. D. “Distribute.” Means to furnish, give, or provide cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to the ultimate consumer of the cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes. E. “Electronic smoking device.” Means any device that can be used to deliver aerosolized or vaporized nicotine or any other substance to the person inhaling from the device including an electronic cigarette, electronic cigar, electronic hookah, vaping pen, or electronic pipe. The phrase includes any component, part, or accessory of such a device, whether or not sold separately, and includes any substance intended to be aerosolized or vaporized during the use of the device. The phrase does not include any product that is a drug, device, or combination product, as those terms are defined or described in 21 U.S.C. 321 and 353(g). F. “Proof of age.” Means a driver’s license, a commercial driver’s license, a military identification card, a passport, or an identification card issued under Ohio R.C. 4507.50 to 4507.52 that shows that a person is twenty-one years of age or older. G. “Tobacco product.” Means any product that is made or derived from tobacco or that contains any form of nicotine, if it is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled, or ingested by any other means, including, but not limited to, a cigarette, an electronic smoking device, a cigar, pipe tobacco, chewing tobacco, snuff, or snus. The phrase also means any component or accessory used in the consumption of a tobacco product, such as filters, rolling papers, pipes, blunt or hemp wraps, and liquids used in electronic smoking devices, whether or not they contain nicotine. The phrase does not include any product that is a drug, device, or combination product, as those terms are defined or described in 21 U.S.C. 321 and 353(g). H. “Vapor product.” Means a product, other than a cigarette or other tobacco product as defined in Ohio R.C. Chapter 5743, that contains or is made or derived from nicotine and that is intended and marketed for human consumption, including by smoking, inhaling, snorting, or sniffing. The phrase includes any component, part, or additive that is intended for use in an electronic smoking device, a mechanical heating element, battery, or electronic circuit and is used to deliver the product. The phrase does not include any product that is a drug, device, or combination product, as those terms are defined or described in 21 U.S.C. 321 and 353(g). The phrase includes any product containing nicotine, regardless of concentration. I. “Vending machine.” Has the same meaning as “coin machine” in Ohio R.C. 2913.01. (2) No manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes, no agent, employee, or representative of a manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes, and no other person shall do any of the following: A. Give, sell, or otherwise distribute cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes: 1. To any person under twenty-one years of age; or 2. Without first verifying proof of age. B. Give away, sell, or distribute cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes in any place that does not have posted in a conspicuous place a legibly printed sign in letters at least one-half inch high stating that giving, selling, or otherwise distributing cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to a person under twenty-one years of age is prohibited by law; C. Knowingly furnish any false information regarding the name, age, or other identification of any person under twenty-one years of age with purpose to obtain cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes for that person; D. Manufacture, sell, or distribute in this state any pack or other container of cigarettes containing fewer than twenty cigarettes or any package of roll-your-own tobacco containing less than six-tenths of one ounce of tobacco; E. Sell cigarettes or alternative nicotine products in a smaller quantity than that placed in the pack or other container by the manufacturer; F. Give, sell, or otherwise distribute alternative nicotine products, papers used to roll cigarettes, or tobacco products other than cigarettes over the internet or through another remote method without age verification. G. Allow an employee under eighteen years of age to sell any tobacco product; H. Give away or otherwise distribute free samples of cigarettes, other tobacco products, alternative nicotine products, or coupons redeemable for cigarettes, other tobacco products or alternative tobacco products. (3) No person shall sell or offer to sell cigarettes, other tobacco products, or alternative nicotine products by or from a vending machine, except in the following locations: A. An area within a factory, business, office, or other place not open to the general public; B. An area to which persons under twenty-one years of age are not generally permitted access; C. Any other place not identified in subsection (a)(3)A. or B. of this section, upon all of the following conditions: 1. The vending machine is located within the immediate vicinity, plain view, and control of the person who owns or operates the place, or an employee of that person, so that all cigarettes, other tobacco product, and alternative nicotine product purchases from the vending machine will be readily observed by the person who owns or operates the place or an employee of that person. For the purpose of this section, a vending machine located in any unmonitored area, including an unmonitored coatroom, restroom, hallway, or outer waiting area, shall not be considered located within the immediate vicinity, plain view, and control of the person who owns or operates the place, or an employee of that person. 2. The vending machine is inaccessible to the public when the place is closed. 3\. A clearly visible notice is posted in the area where the vending machine is located that states the following in letters that are legibly printed and at least one-half inch high: “It is illegal for any person under the age of twenty-one to purchase tobacco or alternative nicotine products.” (4) The following are affirmative defenses to a charge under subsection (a)(2)A. of this section: A. The person under twenty-one years of age was accompanied by a parent, spouse who is twenty-one years of age or older, or legal guardian of the person under twenty-one years of age. B. The person who gave, sold, or distributed cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to a person under twenty-one years of age under subsection (a)(2)A. of this section is a parent, spouse who is twenty-one years of age or older, or legal guardian of the person under twenty-one years of age. (5) A. It is not a violation of subsection (a)(2)A. or B. of this section for a person to give or otherwise distribute to a person under twenty-one years of age cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes while the person under twenty-one years of age is participating in a research protocol if all of the following apply: 1. The parent, guardian, or legal custodian of the person under twenty-one years of age has consented in writing to the person under twenty-one years of age participating in the research protocol. 2. An institutional human subjects protection review board, or an equivalent entity, has approved the research protocol. 3. The person under twenty-one years of age is participating in the research protocol at the facility or location specified in the research protocol. B. It is not a violation of subsection (a)(2)A. or B. of this section for an employer to permit an employee eighteen, nineteen or twenty years of age to sell a tobacco product. (6) A. No delivery service shall accept from, transport or deliver to, or allow pick-up by, a person under twenty-one years of age with respect to any of the following: 1. Alternative nicotine products; 2. Papers used to roll cigarettes; 3. Tobacco products other than cigarettes. B. A delivery service shall require proof of age as a condition of accepting, transporting, delivering, or allowing pickup of the items described in subsections (a)(6)A1. to 3. of this section. (7) Whoever violates subsections (a)(2)A., B., D., E., F., G., H., (3) or (6) of this section is guilty of illegal distribution of cigarettes, other tobacco products, or alternative nicotine products. Except as otherwise provided in this division, illegal distribution of cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the fourth degree. If the offender previously has been convicted of or pleaded guilty to illegal distribution of cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the third degree. (8) A. Notwithstanding Ohio R.C. 2929.28(A)(2), if an offender is convicted of or pleads guilty to a violation of subsection (a)(2)A. of this section, the court shall impose a fine in the following amount: 1. Except as otherwise provided in subsections (a)(8)A.2., (a)(8)A.3., (a)(8)A.4., and (a)(8)A.5. of this section, not more than two hundred fifty dollars ($250.00); 2. Except as otherwise provided in subsections (a)(8)A.3., (a)(8)A.4., and (a)(8)A.5. of this section, if an offender has previously been convicted of or pleaded guilty to a violation of subsection (a)(2)A. of this section or a substantially equivalent state law or municipal ordinance, not more than five hundred dollars ($500.00); 3. Except as otherwise provided in subsections (a)(8)A.4. and (a)(8)A.5. of this section, if an offender previously has been convicted of or pleaded guilty to two or more violations of subsection (a)(2)A. of this section or a substantially equivalent state law or municipal ordinance, five hundred dollars ($500.00); 4. Except as otherwise provided in subsection (a)(8)A.5. of this section, if an offender previously has been convicted of or pleaded guilty to three or more violations of subsection (a)(2)A. of this section or a substantially equivalent state law or municipal ordinance, one thousand dollars ($1,000.00); 5. If an offender previously has been convicted of or pleaded guilty to four or more violations of subsection (a)(2)A. of this section or a substantially equivalent state law or municipal ordinance, one thousand five hundred dollars ($1,500), B. The financial sanctions required by subsection (a)(8)A. of this section are in lieu of the financial sanctions described in Ohio R.C. 2929.28(A)(2), but are in addition to any other sanctions or penalties that may apply to the offender, including other financial sanctions under that section or a jail term under Ohio R.C. 2929.24. (9) Whoever violates subsection (a)(2)C. of this section is guilty of permitting a person under twenty-one years of age to use cigarettes, other tobacco products, or alternative nicotine products. Except as otherwise provided in this division, permitting a person under twenty-one years of age to use cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the fourth degree. If the offender previously has been convicted of a violation of subsection (a)(2)C. of this section or a substantially equivalent state law or municipal ordinance, permitting a person under twenty-one years of age to use cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the third degree. (10) Any cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes that are given, sold, or otherwise distributed to a person under twenty-one years of age in violation of this section and that are used, possessed, purchased, or received by a person under twenty-one years of age in violation of Ohio R.C. 2151.87 are subject to seizure and forfeiture as contraband under Ohio R.C. Chapter 2981. (ORC 2927.02) (b) Transaction Scan. (1) For the purpose of this subsection (b) and subsection (c) of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. A. “Card holder.” Any person who presents a driver’s or commercial driver’s license or an identification card to a seller, or an agent or employee of a seller, to purchase or receive cigarettes, other tobacco products, or alternative nicotine products from a seller, agent or employee. B. “Identification card.” An identification card issued under Ohio R.C. 4507.50 to 4507.52. C. “Seller.” A seller of cigarettes, other tobacco products, or alternative nicotine products and includes any person whose gift of or other distribution of cigarettes, other tobacco products, or alternative nicotine products is subject to the prohibitions of subsection (a) of this section. D. “Transaction scan.” The process by which a seller or an agent or employee of a seller checks, by means of a transaction scan device, the validity of a driver’s or commercial driver’s license or an identification card that is presented as a condition for purchasing or receiving cigarettes, other tobacco products, or alternative nicotine products. E. “Transaction scan device.” Any commercial device or combination of devices used at a point of sale that is capable of deciphering in an electronically readable format the information encoded on the magnetic strip or bar code of a driver’s or commercial driver’s license or an identification card. (2) A. A seller or an agent or employee of a seller may perform a transaction scan by means of a transaction scan device to check the validity of a driver’s or commercial driver’s license or identification card presented by a card holder as a condition for selling, giving away or otherwise distributing to the card holder cigarettes, other tobacco products, or alternative nicotine products. B. If the information deciphered by the transaction scan performed under subsection (b)(2)A. of this section fails to match the information printed on the driver’s or commercial driver’s license or identification card presented by the card holder, or if the transaction scan indicates that the information so printed is false or fraudulent, neither the seller nor any agent or employee of the seller shall sell, give away or otherwise distribute any cigarettes, other tobacco products, or alternative nicotine products to the card holder. C. Subsection (b)(2)A. of this section does not preclude a seller or an agent or employee of a seller from using a transaction scan device to check the validity of a document other than a driver’s or commercial driver’s license or identification card, if the document includes a bar code or magnetic strip that may be scanned by the device, as a condition for selling, giving away or otherwise distributing cigarettes, other tobacco products, or alternative nicotine products to the person presenting the document. (3) Rules adopted by the Registrar of Motor Vehicles under Ohio R.C. 4301.61(C) apply to the use of transaction scan devices for purposes of this subsection (b) and subsection (c) of this section. (4) A. No seller or agent or employee of a seller shall electronically or mechanically record or maintain any information derived from a transaction scan, except for the following: 1. The name and date of birth of the person listed on the driver’s or commercial driver’s license or identification card presented by the card holder; 2. The expiration date and identification number of the driver’s or commercial driver’s license or identification card presented by the card holder. B. No seller or agent or employee of a seller shall use the information that is derived from a transaction scan or that is permitted to be recorded and maintained under subsection (b)(4)A. of this section, except for purposes of subsection (c) of this section. C. No seller or agent or employee of a seller shall use a transaction scan device for a purpose other than the purpose specified in subsection (c)(2)A. of this section. D. No seller or agent or employee of a seller shall sell or otherwise disseminate the information derived from a transaction scan to any third party, including but not limited to selling or otherwise disseminating that information for any marketing, advertising or promotional activities, but a seller or agent or employee of a seller may release that information pursuant to a court order or as specifically authorized by subsection (c) of this section or another section of these Codified Ordinances or the Ohio Revised Code. (5) Nothing in this subsection (b) or subsection (c) of this section relieves a seller or an agent or employee of a seller of any responsibility to comply with any other applicable local, state or federal laws or rules governing the sale, giving away or other distribution of cigarettes, other tobacco products, or alternative nicotine products. (6) Whoever violates subsection (b)(2)B. or (b)(4) of this section is guilty of engaging in an illegal tobacco product or alternative nicotine product transaction scan, and the court may impose upon the offender a civil penalty of up to one thousand dollars ($1,000) for each violation. The Clerk of the Court shall pay each collected civil penalty to the County Treasurer for deposit into the County Treasury. (ORC 2927.021) (c) Affirmative Defenses. (1) A seller or an agent or employee of a seller may not be found guilty of a charge of a violation of subsection (a) of this section in which the age of the purchaser or other recipient of cigarettes, other tobacco products, or alternative nicotine products is an element of the alleged violation, if the seller, agent or employee raises and proves as an affirmative defense that all of the following occurred: A. A card holder attempting to purchase or receive cigarettes, other tobacco products, or alternative nicotine products presented a driver’s or commercial driver’s license or an identification card. B. A transaction scan of the driver’s or commercial driver’s license or identification card that the card holder presented indicated that the license or card was valid. C. The cigarettes, other tobacco products, or alternative nicotine products were sold, given away or otherwise distributed to the card holder in reasonable reliance upon the identification presented and the completed transaction scan. (2) In determining whether a seller or an agent or employee of a seller has proven the affirmative defense provided by subsection (c)(1) of this section, the trier of fact in the action for the alleged violation of subsection (a) of this section shall consider any written policy that the seller has adopted and implemented and that is intended to prevent violations of subsection (a) of this section. For purposes of subsection (c)(1)C. of this section, the trier of fact shall consider that reasonable reliance upon the identification presented and the completed transaction scan may require a seller or an agent or employee of a seller to exercise reasonable diligence to determine, and that the use of a transaction scan device does not excuse a seller or an agent or employee of a seller from exercising reasonable diligence to determine, the following: A. Whether a person to whom the seller or agent or employee of a seller sells, gives away or otherwise distributes cigarettes, other tobacco products, or alternative nicotine products is twenty-one years of age or older; B. Whether the description and picture appearing on the driver’s or commercial driver’s license or identification card presented by a card holder is that of the card holder. (3) In any criminal action in which the affirmative defense provided by subsection (c)(1) of this section is raised, the Registrar of Motor Vehicles or a Deputy Registrar who issued an identification card under Ohio R.C. 4507.50 to 4507.52 shall be permitted to submit certified copies of the records of that issuance in lieu of the testimony of the personnel of or contractors with the Bureau of Motor Vehicles in the action. (ORC 2927.022) (d) Shipment of Tobacco Products. (1) As used in this subsection (d): A. “Authorized recipient of tobacco products” means: 1. In the case of cigarettes, a person who is: a. Licensed as a cigarette wholesale dealer under Ohio R.C. 5743.15; b. Licensed as a retail dealer as long as the person purchases cigarettes with the appropriate tax stamp affixed; c. An export warehouse proprietor as defined in Internal Revenue Code Section 5702; d. An operator of a customs bonded warehouse under 19 U.S.C. Section 1311 or 19 U.S.C. Section 1555; e. An officer, employee, or agent of the federal government or of this state acting in the person's official capacity; f. A department, agency, instrumentality, or political subdivision of the federal government or of this state; g. A person having a consent for consumer shipment issued by the Ohio Tax Commissioner under Ohio R.C. 5743.71. 2. In the case of electronic smoking devices or vapor products, a person who is: a. Licensed as a distributor of tobacco or vapor products under Ohio R.C. 5743.61; b. A retail dealer of vapor products, as defined in Ohio R.C. 5741.01(C)(3), that is not licensed as a vapor distributor, as long as the tax levied by Ohio R.C. 5743.51, 5743.62, or 5743.63, as applicable, has been paid; c. An operator of a customs bonded warehouse under 19 U.S.C. Section 1311 or 19 U.S.C. Section 1555; d. An officer, employee, or agent of the federal government or of this state acting in the person's official capacity; e. A department, agency, instrumentality, or political subdivision of the federal government or of this state. B. “Motor Carrier,” Has the same meaning as in Ohio R.C. 4923.01. (2) The purpose of this section is to prevent the sale of cigarettes, electronic smoking devices, and vapor products to minors and to ensure compliance with the Master Settlement Agreement, as defined in Ohio R.C. 1346.01. (3) A. No person shall cause to be shipped any cigarettes, electronic smoking devices, and vapor products to any person in this municipality other than an authorized recipient of tobacco products. B. No motor carrier, or other person shall knowingly transport cigarettes, electronic smoking devices, and vapor products to any person in this municipality that the carrier or other person reasonably believes is not an authorized recipient of tobacco products. If cigarettes, electronic smoking devices, and vapor products are transported to a home or residence, it shall be presumed that the motor carrier, or other person knew that the person to whom the cigarettes, electronic smoking devices, and vapor products were delivered was not an authorized recipient of tobacco products. (4) No person engaged in the business of selling cigarettes, electronic smoking devices, and vapor products who ships or causes to be shipped cigarettes, electronic smoking devices, and vapor products to any person in this municipality in any container or wrapping other than the original container or wrapping shall fail to plainly and visibly mark the exterior of the container or wrapping in which the cigarettes, electronic smoking devices, and vapor products are shipped with the words ”cigarettes”, ”electronic smoking devices”, or “vapor products”, as applicable. (5) A court shall impose a fine of up to one thousand dollars ($1,000) for each violation of subsection (d)(3)A., (d)(3)B. or (d)(4) of this section. (ORC 2927.023) (e) Furnishing False Information to Obtain Tobacco Products. (1) No person who is eighteen years of age or older but younger than twenty-one years of age shall knowingly furnish false information concerning that person’s name, age, or other identification for the purpose of obtaining tobacco products. (2) Whoever violates subsection (e)(1) of this section is guilty of furnishing false information to obtain tobacco products. Except as otherwise provided in this division, furnishing false information to obtain tobacco products is a misdemeanor of the fourth degree. If the offender previously has been convicted of or pleaded guilty to a violation of subsection (e)(1) of this section or a substantially equivalent state law or municipal ordinance, furnishing false information to obtain tobacco products is a misdemeanor of the third degree. (ORC 2927.024) Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588. Hosted by: American Legal Publishing Back to Code Library Previous Doc Next Doc 0 items available --- ## Detected legislative history - Ordinances of Sheffield Lake, OH - ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO - ORDINANCE NO. 116-84 - ORDINANCES OF SHEFFIELD LAKE - orderly Conduct and Peace Disturbance - ORDER - ordance with the terms of a court order that is issued in relation to the investigation or prosecution of an alleged violation of this section - amended, or the “Telephone Consumer Protection Act”, 105 Stat - amended - repealed by Senate Bill 162, effective September 13, 2010 - ordinance or law of this or any other state or the United States that is substantially similar to domestic violence, a violation of Ohio R - ordinance or law of this or any other state or the United States that is substantially similar to any of those sections if the victim of the violation was a family or household member at the - Ord. 63-71 - order issued or consent agreement approved pursuant to Ohio R - order issued pursuant to Ohio R - order issued by a court of another state - order - order is a misdemeanor of the first degree - order is a felony and shall be prosecuted under State law if the offender previously has been convicted of, pleaded guilty to, or been adjudicated a delinquent child for any of the fo - order or consent agreement; - order or consent agreement while committing a felony offense, violating a protection order is a felony and shall be prosecuted under appropriate state law - order violated by the offender was an order issued pursuant to Ohio R - order that the offender pay the costs of the installation of the electronic monitoring device and the cost of monitoring the electronic monitoring device - order issued by a court of another state does not comply with the requirements specified in 18 U - order that must be accorded full faith and credit by a court of this State or that it is not entitled to full faith and credit under 18 U - order or consent agreement was served on the defendant if the prosecution proves that the defendant was shown the protection order or consent agreement or a copy of either or a judge, - order or consent agreement had been issued, and proves that the defendant recklessly violated the terms of the order or agreement - order issued by a court of another state” means an injunction or another order issued by a criminal court of another state for the purpose of preventing violent or threatening acts or - order, and means an injunction or order of that nature issued by a civil court of another state, including a temporary order and a final order issued in an independent action or as a - order in a proceeding for other relief, if the court issued it in response to a complaint, petition or motion filed by or on behalf of a person seeking protection - order issued by a court of another state” does not include an order for support or for custody of a child - ordinance, not more than five hundred dollars ($500 - ordinance, five hundred dollars ($500 - ordinance, one thousand dollars ($1,000 - ordinance, one thousand five hundred dollars ($1,500), - ordinance, permitting a person under twenty-one years of age to use cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the third degree - adopted by the Registrar of Motor Vehicles under Ohio R - ord or maintain any information derived from a transaction scan, except for the following: - orded and maintained under subsection (b)(4)A - order or as specifically authorized by subsection (c) of this section or another section of these Codified Ordinances or the Ohio Revised Code - adopted and implemented and that is intended to prevent violations of subsection (a) of this section - ords of that issuance in lieu of the testimony of the personnel of or contractors with the Bureau of Motor Vehicles in the action - ords ”cigarettes”, ”electronic smoking devices”, or “vapor products”, as applicable - ordinance, furnishing false information to obtain tobacco products is a misdemeanor of the third degree - Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality - Ordinances should be consulted prior to any action being taken - Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588 --- *Imported automatically by MunicipalWiki. The original publisher remains the authoritative source pending legal normalization and verification.* # 537.12 MISUSE OF 9-1-1 SYSTEM. # 537.12 MISUSE OF 9-1-1 SYSTEM.
Document typesection
Identifier537.12
Citation§ 537.12
Ordinances detectedS, 116-84, ER, OR, 63-71, INANCE
Dates detectedSeptember 13, 2010
Original source[American Legal Publishing](https://codelibrary.amlegal.com/codes/sheffieldlake/latest/sheffieldlake_oh/0-0-0-11844)
Content hash`9a42cfd4685c2d0a58a22b628da59eb6b36f49450fed8f093eb33d856e03c17e`
--- Skip to main content Search Sitemap Login Select Language Resources Skip to code content (skip section selection) 2025-04 (current) Sheffield Lake Overview Codified Ordinances of Sheffield Lake, OH CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO CERTIFICATION ROSTER OF OFFICIALS ADOPTING ORDINANCE NO. 116-84 COMPARATIVE SECTION TABLE TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE CHARTER PART ONE - ADMINISTRATIVE CODE PART THREE - TRAFFIC CODE PART FIVE - GENERAL OFFENSES CODE CHAPTER 501 General Provisions and Penalty CHAPTER 505 Animals and Fowl CHAPTER 509 Disorderly Conduct and Peace Disturbance CHAPTER 513 Drug Abuse Control CHAPTER 517 Gambling CHAPTER 521 Health, Safety and Sanitation CHAPTER 525 Law Enforcement and Public Office CHAPTER 529 Liquor Control CHAPTER 531 Noise Control CHAPTER 533 Obscenity and Sex Offenses CHAPTER 537 Offenses Against Persons 537.01 NEGLIGENT HOMICIDE. 537.02 VEHICULAR HOMICIDE AND MANSLAUGHTER. 537.021 VEHICULAR ASSAULT IN A CONSTRUCTION ZONE. 537.03 ASSAULT. 537.04 NEGLIGENT ASSAULT. 537.05 AGGRAVATED MENACING. 537.051 MENACING BY STALKING. 537.06 MENACING. 537.07 ENDANGERING CHILDREN. 537.08 UNLAWFUL RESTRAINT. 537.09 COERCION. 537.10 TELECOMMUNICATION HARASSMENT. 537.11 THREATENING OR HARASSING TELEPHONE CALLS. 537.12 MISUSE OF 9-1-1 SYSTEM. 537.13 ADULTERATING OF OR FURNISHING ADULTERATED FOOD OR CONFECTION. 537.14 DOMESTIC VIOLENCE. 537.15 ANNOYING BUILDING OCCUPANTS. 537.16 MOLESTING OR INSULTING PERSONS. 537.17 TEMPORARY PROTECTION ORDER. 537.18 ILLEGAL DISTRIBUTION OF CIGARETTES, OTHER TOBACCO PRODUCTS, OR ALTERNATE NICOTINE PRODUCTS; TRANSACTION SCANS. 537.19 RESERVED. 537.20 CONTRIBUTING TO UNRULINESS OR DELINQUENCY OF A CHILD. 537.21 HAZING PROHIBITED. 537.22 ILLEGAL USE OF A TRACKING DEVICE OR APPLICATION. 537.99 PENALTY. CHAPTER 541 Property Offenses CHAPTER 545 Theft and Fraud CHAPTER 549 Weapons and Explosives CHAPTER 553 Railroads CHAPTER 557 Watercraft CHAPTER 561 Weeds and Grass PART SEVEN - BUSINESS REGULATION CODE PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE PART ELEVEN - PLANNING AND ZONING CODE PART THIRTEEN - BUILDING CODE PART FIFTEEN - FIRE PREVENTION CODE OH Sheffield Lake Codified Ordinances of Sheffield Lake, OH 537.12 MISUSE OF 9-1-1 SYSTEM. CHAPTER 537 Offenses Against Persons 537.10 TELECOMMUNICATION HARASSMENT. (a) No person shall knowingly make or cause to be made a telecommunication, or knowingly permit telecommunication to be made from a telecommunications device under the person’s control, to another, if the caller does any of the following: (1) Makes the telecommunication with purpose to harass, intimidate, or abuse, any person at the premises to which the telecommunication is made, whether or not actual communication takes place between the caller and a recipient; (2) Describes, suggests, requests, or proposes that the caller, the recipient of the telecommunication, or any other person engage in sexual activity, and the recipient or another person at the premises to which the telecommunication is made has requested, in a previous telecommunication or in the immediate telecommunication, that the caller not make a telecommunication to the recipient or to the premises to which the telecommunication is made; (3) During the telecommunication, violates Ohio R.C. 2903.21; (4) Knowingly states to the recipient of the telecommunication that the caller intends to cause damage to or destroy public or private property, and the recipient, any member of the recipient’s family, or any other person who resides at the premises to which the telecommunication is made owns, leases, resides, or works in, will at the time of the destruction or damaging be near or in, has the responsibility of protecting, or insures the property that will be destroyed or damaged; (5) Knowingly makes the telecommunication to the recipient of the telecommunication, to another person at the premises to which the telecommunication is made, or to those premises, and the recipient or another person at those premises previously has told the caller not to make a telecommunication to those premises or to any person at those premises. (6) Knowingly makes any comment, request, suggestion, or proposal to the recipient of the telecommunication that is threatening, intimidating, menacing, coercive, or obscene with the intent to abuse, threaten or harass the recipient; (7) Without a lawful business purpose, knowingly interrupts the telecommunication service of any person; (8) Without a lawful business purpose, knowingly transmits to any person, regardless of whether the telecommunication is heard in its entirety, any file, document or other communication that prevents that person from using the person’s telephone service or electronic communication device; (9) Knowingly makes any false statement concerning the death, injury, illness, disfigurement, reputation, indecent conduct, or criminal conduct of the recipient of the telecommunication or family or household member of the recipient with purpose to abuse, threaten, intimidate, or harass the recipient; (10) Knowingly incites another person through a telecommunication or other means to harass or participate in the harassment of a person; (11) Knowingly alarms the recipient by making a telecommunication without a lawful purpose at an hour or hours known to be inconvenient to the recipient and in an offensive or repetitive manner. (b) (1) No person shall make or cause to be made a telecommunication, or permit a telecommunication to be made from a telecommunications device under the person’s control, with purpose to abuse, threaten, or harass another person. (2) No person shall knowingly post a text or audio statement or an image on an internet web site or web page for the purpose of abusing, threatening, or harassing another person. (c) (1) Whoever violates this section is guilty of telecommunication harassment. (2) A violation of subsections (a)(1), (2), (3), (5), (6), (7), (8), (9), (10), or (11) or (b) hereof is a misdemeanor of the first degree on a first offense. Each subsequent offense is a felony and shall be prosecuted under appropriate State law. (3) Whoever violates subsection (a)(4) hereof is guilty of a misdemeanor of the first degree for a first offense. For each subsequent offense or if a violation of subsection (a)(4) hereof results in economic harm of one thousand dollars ($1,000) or more, a violation of subsection (a)(4) hereof is a felony and shall be prosecuted under appropriate State law. (d) No cause of action may be asserted in any court of this State against any provider of a telecommunications service, interactive computer service as defined in Section 230 of Title 47 of the United States Code, or information service, or against any officer, employee, or agent of a telecommunication service, interactive computer service as defined in Section 230 of Title 47 of the United States Code, or information service, for any injury, death, or loss to person or property that allegedly arises out of the provider’s, officer’s, employee’s, or agent’s provision of information, facilities, or assistance in accordance with the terms of a court order that is issued in relation to the investigation or prosecution of an alleged violation of this section. A provider of a telecommunications service, interactive computer service as defined in Section 230 of Title 47 of the United States Code, or information service, or an officer, employee, or agent of a telecommunications service, interactive computer service as defined in Section 230 of Title 47 of the United States Code, of information service, is immune from any civil or criminal liability for injury, death, or loss to person or property that allegedly arises out of the provider’s, officer’s, employee’s, or agent’s provision of information, facilities, or assistance in accordance with the terms of a court order that is issued in relation to the investigation or prosecution of an alleged violation of this section. (e) (1) This section does not apply to a person solely because the person provided access or connection to or from an electronic method of remotely transferring information not under that person’s control, including having provided capabilities that are incidental to providing access or connection to or from the electronic method of remotely transferring the information, and that do not include the creation of the content of the material that is the subject of the access or connection. In addition, any person providing access or connection to or from an electric method of remotely transferring information not under that person’s control shall not be liable for any action voluntarily taken in good faith to block the receipt or transmission through its service of any information that the person believes is, or will be sent, in violation of this section. (2) Subsection (e)(1) of this section does not create an affirmative duty for any person providing access or connection to or from an electronic method of remotely transferring information not under that person’s control to block the receipt or transmission through its service of any information that it believes is, or will be sent, in violation of this section except as otherwise provided by law. (3) Subsection (e)(1) of this section does not apply to a person who conspires with a person actively involved in the creation or knowing distribution of material in violation of this section or who knowingly advertises the availability of material of that nature. (4) A provider or user of an interactive computer service, as defined in Section 230 of Title 47 of the United States Code, shall neither be treated as the publisher or speaker of any information provided by another information content provider, as defined in Section 230 of Title 47 of the United States Code, nor held civilly or criminally liable for the creation or development of information provided by another information content provider, as defined in Section 230 of Title 47 of the United States Code. Nothing in this subsection shall be construed to protect a person from liability to the extent that the person developed or created any content in violation of this section. (f) Subsections (a)(5) to (11) and (b)(2) of this section do not apply to a person who, while employed or contracted by a newspaper, magazine, press association, news agency, news wire service, cable channel or cable operator, or radio or television station, is gathering, processing, transmitting, compiling, editing or disseminating information for the general public, within the scope of the person’s employment in that capacity or the person’s contractual authority in that capacity. (g) As used in this section: (1) “Economic harm” means all direct, incidental, and consequential pecuniary harm suffered by a victim as a result of criminal conduct. “Economic harm” includes, but is not limited to, all of the following: A. All wages, salaries, or other compensation lost as a result of the criminal conduct; B. The cost of all wages, salaries or other compensation paid to employees for time those employees are prevented from working as a result of the criminal conduct; C. The overhead costs incurred for the time that a business is shut down as a result of the criminal conduct; D. The loss of value to tangible or intangible property that was damaged as a result of the criminal conduct. (2) “Caller” means the person described in subsection (a) hereof who makes or causes to be made a telecommunication or who permits a telecommunication to be made from a telecommunications device under that person’s control. (3) “Telecommunication” and “telecommunications device” have the same meanings as in Ohio R.C. 2913.01. (4) “Sexual activity” has the same meaning as in Ohio R.C. 2907.01. (5) “Family or household member” means any of the following: A. Any of the following who is residing or has resided with the recipient of the telecommunication against whom the act prohibited in subsection (a)(9) of this section is committed: 1. A spouse, a person living as a spouse, or a former spouse of the recipient; 2. A parent, a foster parent, or a child of the recipient, or another person related by consanguinity or affinity to the recipient; 3.. A parent or a child of a spouse, person living as a spouse, or former spouse of the recipient, or anther person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of the recipient. B. The natural parent of any child of whom the recipient of the telecommunication against whom the act prohibited in subsection (a)(9) of this section is committed is the other natural parent or is the putative other natural parent. (6) “Person living as a spouse” means a person who is living or has lived with the recipient of the telecommunication against whom the act prohibited in subsection (a)(9) of this section is committed in a common law marital relationship, who otherwise is cohabiting with the recipient, or who otherwise has cohabited with the recipient within five years prior to the date of the alleged commission of the act in question. (7) “Cable operator” has the same meaning as in Ohio R.C. 1332.21. (h) Nothing in this section prohibits a person from making a telecommunication call to a debtor that is in compliance with the “Fair Debt Collection Practices Act”, 91 Stat. 874 (1977), 15 U.S.C. 1692, as amended, or the “Telephone Consumer Protection Act”, 105 Stat. 2395 (1991), 47 U.S.C. 227, as amended. (ORC 2917.21) 537.11 THREATENING OR HARASSING TELEPHONE CALLS. (EDITOR’S NOTE: Former Ohio R.C. 4931.31 from which Section 537.11 was derived was repealed by Senate Bill 162, effective September 13, 2010. See now Section 537.10 “Telecommunication Harassment”.) 537.12 MISUSE OF 9-1-1 SYSTEM. (a) “9-1-1 system” means a system through which individuals can request emergency service using the access number 9-1-1. (ORC 128.01(A)) (b) No person shall knowingly use the telephone number of the 9-1-1 system established under Ohio R.C. Chapter 128 to report an emergency if he knows that no emergency exists. (c) No person shall knowingly use a 9-1-1 system for a purpose other than obtaining emergency service. (d) No person shall disclose or use any information concerning telephone numbers, addresses, or names obtained from the data base that serves the public safety answering point of a 9-1-1 system established under Ohio R.C. Chapter 128, except for any of the following purposes or under any of the following circumstances: (1) For the purpose of the 9-1-1 system; (2) For the purpose of responding to an emergency call to an emergency service provider; (3) In the circumstance of the inadvertent disclosure of such information due solely to technology of the wireline telephone network portion of the 9-1-1 system not allowing access to the data base to be restricted to 9-1-1 specific answering lines at a public safety answering point; (4) In the circumstance of access to a data base being given by a telephone company that is a wireline service provider to a public utility or municipal utility in handling customer calls in times of public emergency or service outages. The charge, terms, and conditions for the disclosure or use of such information for the purpose of such access to a data base shall be subject to the jurisdiction of the steering committee. (5) In the circumstance of access to a data base given by a telephone company that is a wireline service provider to a state and local government in warning of a public emergency, as determined by the steering committee. The charge, terms, and conditions for the disclosure or use of that information for the purpose of access to a data base is subject to the jurisdiction of the steering committee. (ORC 128.32) (e) (1) Whoever violates subsection (b) hereof is guilty of a misdemeanor of the fourth degree. (2) Whoever violates subsection (c) or (d) hereof is guilty of a misdemeanor of the fourth degree on a first offense. For each subsequent offense such person is guilty of a felony and shall be prosecuted under appropriate State law. (ORC 128.99) 537.13 ADULTERATING OF OR FURNISHING ADULTERATED FOOD OR CONFECTION. (a) No person shall do either of the following, knowingly or having reasonable cause to believe that any person may suffer physical harm or be seriously inconvenienced or annoyed thereby: (1) Place a pin, needle, razor blade, glass, laxative, drug of abuse, or other harmful or hazardous object or substance in any food or confection; (2) Furnish to any person any food or confection which has been adulterated in violation of subsection (a)(1) hereof. (ORC 3716.11) (b) Whoever violates this section is guilty of a misdemeanor of the first degree. (ORC 3716.99(C)) 537.14 DOMESTIC VIOLENCE. (a) No person shall knowingly cause or attempt to cause physical harm to a family or household member. (b) No person shall recklessly cause serious physical harm to a family or household member. (c) No person, by threat of force, shall knowingly cause a family or household member to believe that the offender will cause imminent physical harm to the family or household member. (d) (1) Whoever violates this section is guilty of domestic violence. (2) Except as otherwise provided in subsection (d)(3) to (5) of this section, a violation of subsection (c) of this section is a misdemeanor of the fourth degree, and a violation of subsection (a) or (b) of this section is a misdemeanor of the first degree. (3) Except as otherwise provided in subsection (d)(4) of this section, if the offender previously has pleaded guilty to or been convicted of domestic violence, a violation of an existing or former municipal ordinance or law of this or any other state or the United States that is substantially similar to domestic violence, a violation of Ohio R.C. 2903.14, 2909.06, 2909.07, 2911.12, 2911.211, or 2919.22 if the victim of the violation was a family or household member at the time of the violation, a violation of an existing or former municipal ordinance or law of this or any other state or the United States that is substantially similar to any of those sections if the victim of the violation was a family or household member at the time of the commission of the violation, or any offense of violence if the victim of the offense was a family or household member at the time of the commission of the offense, a violation of subsection (a) or (b) of this section is a felony and shall be prosecuted under appropriate state law, and a violation of subsection (c) of this section is a misdemeanor of the second degree. (4) If the offender previously has pleaded guilty to or been convicted of two or more offenses of domestic violence or two or more violations or offenses of the type described in subsection (d)(3) of this section involving a person who was a family or household member at the time of the violations or offenses, a violation of subsection (a) or (b) of this section is a felony to be prosecuted under appropriate state law. A violation of subsection (c) of this section is a misdemeanor of the first degree. If the offender previously has pleaded guilty to or been convicted of two or more offenses of domestic violence or two or more violations or offenses of the type described in subsection (d)(3) of this section involving a person who was a family or household member at the time of the violations or offenses, and the offender knew that the victim of the violation was pregnant at the time of the violation, a violation of subsection (a) or (b) of this section is a felony to be prosecuted under appropriate state law. (5) Except as otherwise provided in subsection (d)(3) or (4) of this section, if the offender knew that the victim of the violation was pregnant at the time of the violation, a violation of subsection (a) or (b) of this section is a felony and shall be prosecuted under appropriate State law, and a violation of subsection (c) of this section is a misdemeanor of the third degree. (e) Notwithstanding any provision of law to the contrary, no court or unit of local government shall charge any fee, cost, deposit, or money in connection with the filing of charges against a person alleging that the person violated this section or in connection with the prosecution of any charges so filed. (f) As used in this section: (1) "Family or household member" means any of the following: A. Any of the following who is residing or has resided with the offender: 1. A spouse, a person living as a spouse or a former spouse of the offender; 2. A parent, a foster parent or a child of the offender, or another person related by consanguinity or affinity to the offender; 3. A parent, or a child of a spouse, person living as a spouse, or former spouse of the offender; or another person related by consanguinity or affinity to a spouse, person living as a spouse or former spouse of the offender. B. The natural parent of any child of whom the offender is the other natural parent or is the putative other natural parent. (2) "Person living as a spouse" means a person who is living or has lived with the offender in a common law marital relationship, who otherwise is cohabiting with the offender, or who otherwise has cohabited with the offender within five years prior to the date of the alleged commission of the act in question. (ORC 2919.25) (g) The same relief available under the Ohio Revised Code for filing a complaint for violation of Ohio R.C. 2919.25 shall be available for filing a complaint for violation of this section. 537.15 ANNOYING BUILDING OCCUPANTS. (a) No person, without proper occasion, shall disturb or annoy the occupants of any dwelling, building, store or other place by knocking on the door, gate or window of such structure, or by ringing the doorbell attached thereto. (Ord. 63-71. Passed 9-14-71.) (b) Whoever violates this section is guilty of a misdemeanor of the fourth degree. 537.16 MOLESTING OR INSULTING PERSONS. (a) No person shall, unreasonably and without lawful purpose, follow, pursue, lay hands on or otherwise molest or insult any other person. (b) Whoever violates this section is guilty of a misdemeanor of the fourth degree. 537.17 TEMPORARY PROTECTION ORDER. (a) No person shall recklessly violate the terms of any of the following: (1) A protection order issued or consent agreement approved pursuant to Ohio R.C. 2919.26 or 3113.31; (2) A protection order issued pursuant to Ohio R.C. 2151.34, 2903.213 or 2903.214; (3) A protection order issued by a court of another state. (b) (1) Whoever violates this section is guilty of violating a protection order. (2) Except as otherwise provided in subsection (b)(3) of this section, violating a protection order is a misdemeanor of the first degree. (3) Violating a protection order is a felony and shall be prosecuted under State law if the offender previously has been convicted of, pleaded guilty to, or been adjudicated a delinquent child for any of the following: A. A violation of a protection order issued or consent agreement approved pursuant to Ohio R.C. 2151.34, 2903.213, 2903.214, 2919.26, or 3113.31; B. Two or more violations of Ohio R.C. 2903.21, 2903.211, 2903.22, or 2911.211 or any combination of those offenses that involved the same person who is the subject of the protection order or consent agreement; C. One or more violations of this section. (4) If the offender violates a protection order or consent agreement while committing a felony offense, violating a protection order is a felony and shall be prosecuted under appropriate state law. (5) If the protection order violated by the offender was an order issued pursuant to Ohio R.C. 2151.34 or 2903.214 that required electronic monitoring of the offender pursuant to that section, the court may require in addition to any other sentence imposed upon the offender that the offender be electronically monitored for a period not exceeding five years by a law enforcement agency designated by the court. If the court requires under this subsection that the offender be electronically monitored, unless the court determines that the offender is indigent, the court shall order that the offender pay the costs of the installation of the electronic monitoring device and the cost of monitoring the electronic monitoring device. (c) It is an affirmative defense to a charge under subsection (a)(3) of this section that the protection order issued by a court of another state does not comply with the requirements specified in 18 U.S.C. 2265(b) for a protection order that must be accorded full faith and credit by a court of this State or that it is not entitled to full faith and credit under 18 U.S.C. 2265(c). (d) In a prosecution for a violation of this section, it is not necessary for the prosecution to prove that the protection order or consent agreement was served on the defendant if the prosecution proves that the defendant was shown the protection order or consent agreement or a copy of either or a judge, magistrate, or law enforcement officer informed the defendant that a protection order or consent agreement had been issued, and proves that the defendant recklessly violated the terms of the order or agreement. (e) As used in this section, “protection order issued by a court of another state” means an injunction or another order issued by a criminal court of another state for the purpose of preventing violent or threatening acts or harassment against, contact or communication with, or physical proximity to another person, including a temporary order, and means an injunction or order of that nature issued by a civil court of another state, including a temporary order and a final order issued in an independent action or as a pendente lite order in a proceeding for other relief, if the court issued it in response to a complaint, petition or motion filed by or on behalf of a person seeking protection. “Protection order issued by a court of another state” does not include an order for support or for custody of a child. (ORC 2919.27) 537.18 ILLEGAL DISTRIBUTION OF CIGARETTES, OTHER TOBACCO PRODUCTS, OR ALTERNATE NICOTINE PRODUCTS; TRANSACTION SCANS. (a) Illegal Distribution of Cigarettes, Other Tobacco Products, or Alternative Nicotine Products. (1) As used in this section: A. “Age verification.” A service provided by an independent third party (other than a manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes) that compares information available from a commercially available database, or aggregate of databases, that regularly are used by government and businesses for the purpose of age and identity verification to personal information provided during an internet sale or other remote method of sale to establish that the purchaser is twenty-one years of age or older. B. “Alternative nicotine product.” 1. Subject to subsection (a)(1)B.2. of this section, an electronic smoking device, vapor product, or any other product or device that consists of or contains nicotine that can be ingested into the body by any means, including, but not limited to, chewing, smoking, absorbing, dissolving, or inhaling. 2. The phrase does not include any of the following: a. Any cigarette or other tobacco product; b. Any product that is a “drug” as that term is defined in 21 U.S.C. 321(g)(1); c. Any product that is a “device” as that term is defined in 21 U.S.C. 321(h); d. Any product that is a “combination product” as described in 21 U.S.C. 353(g). C. “Cigarette.” Includes clove cigarettes and hand-rolled cigarettes. D. “Distribute.” Means to furnish, give, or provide cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to the ultimate consumer of the cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes. E. “Electronic smoking device.” Means any device that can be used to deliver aerosolized or vaporized nicotine or any other substance to the person inhaling from the device including an electronic cigarette, electronic cigar, electronic hookah, vaping pen, or electronic pipe. The phrase includes any component, part, or accessory of such a device, whether or not sold separately, and includes any substance intended to be aerosolized or vaporized during the use of the device. The phrase does not include any product that is a drug, device, or combination product, as those terms are defined or described in 21 U.S.C. 321 and 353(g). F. “Proof of age.” Means a driver’s license, a commercial driver’s license, a military identification card, a passport, or an identification card issued under Ohio R.C. 4507.50 to 4507.52 that shows that a person is twenty-one years of age or older. G. “Tobacco product.” Means any product that is made or derived from tobacco or that contains any form of nicotine, if it is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled, or ingested by any other means, including, but not limited to, a cigarette, an electronic smoking device, a cigar, pipe tobacco, chewing tobacco, snuff, or snus. The phrase also means any component or accessory used in the consumption of a tobacco product, such as filters, rolling papers, pipes, blunt or hemp wraps, and liquids used in electronic smoking devices, whether or not they contain nicotine. The phrase does not include any product that is a drug, device, or combination product, as those terms are defined or described in 21 U.S.C. 321 and 353(g). H. “Vapor product.” Means a product, other than a cigarette or other tobacco product as defined in Ohio R.C. Chapter 5743, that contains or is made or derived from nicotine and that is intended and marketed for human consumption, including by smoking, inhaling, snorting, or sniffing. The phrase includes any component, part, or additive that is intended for use in an electronic smoking device, a mechanical heating element, battery, or electronic circuit and is used to deliver the product. The phrase does not include any product that is a drug, device, or combination product, as those terms are defined or described in 21 U.S.C. 321 and 353(g). The phrase includes any product containing nicotine, regardless of concentration. I. “Vending machine.” Has the same meaning as “coin machine” in Ohio R.C. 2913.01. (2) No manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes, no agent, employee, or representative of a manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes, and no other person shall do any of the following: A. Give, sell, or otherwise distribute cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes: 1. To any person under twenty-one years of age; or 2. Without first verifying proof of age. B. Give away, sell, or distribute cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes in any place that does not have posted in a conspicuous place a legibly printed sign in letters at least one-half inch high stating that giving, selling, or otherwise distributing cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to a person under twenty-one years of age is prohibited by law; C. Knowingly furnish any false information regarding the name, age, or other identification of any person under twenty-one years of age with purpose to obtain cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes for that person; D. Manufacture, sell, or distribute in this state any pack or other container of cigarettes containing fewer than twenty cigarettes or any package of roll-your-own tobacco containing less than six-tenths of one ounce of tobacco; E. Sell cigarettes or alternative nicotine products in a smaller quantity than that placed in the pack or other container by the manufacturer; F. Give, sell, or otherwise distribute alternative nicotine products, papers used to roll cigarettes, or tobacco products other than cigarettes over the internet or through another remote method without age verification. G. Allow an employee under eighteen years of age to sell any tobacco product; H. Give away or otherwise distribute free samples of cigarettes, other tobacco products, alternative nicotine products, or coupons redeemable for cigarettes, other tobacco products or alternative tobacco products. (3) No person shall sell or offer to sell cigarettes, other tobacco products, or alternative nicotine products by or from a vending machine, except in the following locations: A. An area within a factory, business, office, or other place not open to the general public; B. An area to which persons under twenty-one years of age are not generally permitted access; C. Any other place not identified in subsection (a)(3)A. or B. of this section, upon all of the following conditions: 1. The vending machine is located within the immediate vicinity, plain view, and control of the person who owns or operates the place, or an employee of that person, so that all cigarettes, other tobacco product, and alternative nicotine product purchases from the vending machine will be readily observed by the person who owns or operates the place or an employee of that person. For the purpose of this section, a vending machine located in any unmonitored area, including an unmonitored coatroom, restroom, hallway, or outer waiting area, shall not be considered located within the immediate vicinity, plain view, and control of the person who owns or operates the place, or an employee of that person. 2. The vending machine is inaccessible to the public when the place is closed. 3\. A clearly visible notice is posted in the area where the vending machine is located that states the following in letters that are legibly printed and at least one-half inch high: “It is illegal for any person under the age of twenty-one to purchase tobacco or alternative nicotine products.” (4) The following are affirmative defenses to a charge under subsection (a)(2)A. of this section: A. The person under twenty-one years of age was accompanied by a parent, spouse who is twenty-one years of age or older, or legal guardian of the person under twenty-one years of age. B. The person who gave, sold, or distributed cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to a person under twenty-one years of age under subsection (a)(2)A. of this section is a parent, spouse who is twenty-one years of age or older, or legal guardian of the person under twenty-one years of age. (5) A. It is not a violation of subsection (a)(2)A. or B. of this section for a person to give or otherwise distribute to a person under twenty-one years of age cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes while the person under twenty-one years of age is participating in a research protocol if all of the following apply: 1. The parent, guardian, or legal custodian of the person under twenty-one years of age has consented in writing to the person under twenty-one years of age participating in the research protocol. 2. An institutional human subjects protection review board, or an equivalent entity, has approved the research protocol. 3. The person under twenty-one years of age is participating in the research protocol at the facility or location specified in the research protocol. B. It is not a violation of subsection (a)(2)A. or B. of this section for an employer to permit an employee eighteen, nineteen or twenty years of age to sell a tobacco product. (6) A. No delivery service shall accept from, transport or deliver to, or allow pick-up by, a person under twenty-one years of age with respect to any of the following: 1. Alternative nicotine products; 2. Papers used to roll cigarettes; 3. Tobacco products other than cigarettes. B. A delivery service shall require proof of age as a condition of accepting, transporting, delivering, or allowing pickup of the items described in subsections (a)(6)A1. to 3. of this section. (7) Whoever violates subsections (a)(2)A., B., D., E., F., G., H., (3) or (6) of this section is guilty of illegal distribution of cigarettes, other tobacco products, or alternative nicotine products. Except as otherwise provided in this division, illegal distribution of cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the fourth degree. If the offender previously has been convicted of or pleaded guilty to illegal distribution of cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the third degree. (8) A. Notwithstanding Ohio R.C. 2929.28(A)(2), if an offender is convicted of or pleads guilty to a violation of subsection (a)(2)A. of this section, the court shall impose a fine in the following amount: 1. Except as otherwise provided in subsections (a)(8)A.2., (a)(8)A.3., (a)(8)A.4., and (a)(8)A.5. of this section, not more than two hundred fifty dollars ($250.00); 2. Except as otherwise provided in subsections (a)(8)A.3., (a)(8)A.4., and (a)(8)A.5. of this section, if an offender has previously been convicted of or pleaded guilty to a violation of subsection (a)(2)A. of this section or a substantially equivalent state law or municipal ordinance, not more than five hundred dollars ($500.00); 3. Except as otherwise provided in subsections (a)(8)A.4. and (a)(8)A.5. of this section, if an offender previously has been convicted of or pleaded guilty to two or more violations of subsection (a)(2)A. of this section or a substantially equivalent state law or municipal ordinance, five hundred dollars ($500.00); 4. Except as otherwise provided in subsection (a)(8)A.5. of this section, if an offender previously has been convicted of or pleaded guilty to three or more violations of subsection (a)(2)A. of this section or a substantially equivalent state law or municipal ordinance, one thousand dollars ($1,000.00); 5. If an offender previously has been convicted of or pleaded guilty to four or more violations of subsection (a)(2)A. of this section or a substantially equivalent state law or municipal ordinance, one thousand five hundred dollars ($1,500), B. The financial sanctions required by subsection (a)(8)A. of this section are in lieu of the financial sanctions described in Ohio R.C. 2929.28(A)(2), but are in addition to any other sanctions or penalties that may apply to the offender, including other financial sanctions under that section or a jail term under Ohio R.C. 2929.24. (9) Whoever violates subsection (a)(2)C. of this section is guilty of permitting a person under twenty-one years of age to use cigarettes, other tobacco products, or alternative nicotine products. Except as otherwise provided in this division, permitting a person under twenty-one years of age to use cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the fourth degree. If the offender previously has been convicted of a violation of subsection (a)(2)C. of this section or a substantially equivalent state law or municipal ordinance, permitting a person under twenty-one years of age to use cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the third degree. (10) Any cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes that are given, sold, or otherwise distributed to a person under twenty-one years of age in violation of this section and that are used, possessed, purchased, or received by a person under twenty-one years of age in violation of Ohio R.C. 2151.87 are subject to seizure and forfeiture as contraband under Ohio R.C. Chapter 2981. (ORC 2927.02) (b) Transaction Scan. (1) For the purpose of this subsection (b) and subsection (c) of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. A. “Card holder.” Any person who presents a driver’s or commercial driver’s license or an identification card to a seller, or an agent or employee of a seller, to purchase or receive cigarettes, other tobacco products, or alternative nicotine products from a seller, agent or employee. B. “Identification card.” An identification card issued under Ohio R.C. 4507.50 to 4507.52. C. “Seller.” A seller of cigarettes, other tobacco products, or alternative nicotine products and includes any person whose gift of or other distribution of cigarettes, other tobacco products, or alternative nicotine products is subject to the prohibitions of subsection (a) of this section. D. “Transaction scan.” The process by which a seller or an agent or employee of a seller checks, by means of a transaction scan device, the validity of a driver’s or commercial driver’s license or an identification card that is presented as a condition for purchasing or receiving cigarettes, other tobacco products, or alternative nicotine products. E. “Transaction scan device.” Any commercial device or combination of devices used at a point of sale that is capable of deciphering in an electronically readable format the information encoded on the magnetic strip or bar code of a driver’s or commercial driver’s license or an identification card. (2) A. A seller or an agent or employee of a seller may perform a transaction scan by means of a transaction scan device to check the validity of a driver’s or commercial driver’s license or identification card presented by a card holder as a condition for selling, giving away or otherwise distributing to the card holder cigarettes, other tobacco products, or alternative nicotine products. B. If the information deciphered by the transaction scan performed under subsection (b)(2)A. of this section fails to match the information printed on the driver’s or commercial driver’s license or identification card presented by the card holder, or if the transaction scan indicates that the information so printed is false or fraudulent, neither the seller nor any agent or employee of the seller shall sell, give away or otherwise distribute any cigarettes, other tobacco products, or alternative nicotine products to the card holder. C. Subsection (b)(2)A. of this section does not preclude a seller or an agent or employee of a seller from using a transaction scan device to check the validity of a document other than a driver’s or commercial driver’s license or identification card, if the document includes a bar code or magnetic strip that may be scanned by the device, as a condition for selling, giving away or otherwise distributing cigarettes, other tobacco products, or alternative nicotine products to the person presenting the document. (3) Rules adopted by the Registrar of Motor Vehicles under Ohio R.C. 4301.61(C) apply to the use of transaction scan devices for purposes of this subsection (b) and subsection (c) of this section. (4) A. No seller or agent or employee of a seller shall electronically or mechanically record or maintain any information derived from a transaction scan, except for the following: 1. The name and date of birth of the person listed on the driver’s or commercial driver’s license or identification card presented by the card holder; 2. The expiration date and identification number of the driver’s or commercial driver’s license or identification card presented by the card holder. B. No seller or agent or employee of a seller shall use the information that is derived from a transaction scan or that is permitted to be recorded and maintained under subsection (b)(4)A. of this section, except for purposes of subsection (c) of this section. C. No seller or agent or employee of a seller shall use a transaction scan device for a purpose other than the purpose specified in subsection (c)(2)A. of this section. D. No seller or agent or employee of a seller shall sell or otherwise disseminate the information derived from a transaction scan to any third party, including but not limited to selling or otherwise disseminating that information for any marketing, advertising or promotional activities, but a seller or agent or employee of a seller may release that information pursuant to a court order or as specifically authorized by subsection (c) of this section or another section of these Codified Ordinances or the Ohio Revised Code. (5) Nothing in this subsection (b) or subsection (c) of this section relieves a seller or an agent or employee of a seller of any responsibility to comply with any other applicable local, state or federal laws or rules governing the sale, giving away or other distribution of cigarettes, other tobacco products, or alternative nicotine products. (6) Whoever violates subsection (b)(2)B. or (b)(4) of this section is guilty of engaging in an illegal tobacco product or alternative nicotine product transaction scan, and the court may impose upon the offender a civil penalty of up to one thousand dollars ($1,000) for each violation. The Clerk of the Court shall pay each collected civil penalty to the County Treasurer for deposit into the County Treasury. (ORC 2927.021) (c) Affirmative Defenses. (1) A seller or an agent or employee of a seller may not be found guilty of a charge of a violation of subsection (a) of this section in which the age of the purchaser or other recipient of cigarettes, other tobacco products, or alternative nicotine products is an element of the alleged violation, if the seller, agent or employee raises and proves as an affirmative defense that all of the following occurred: A. A card holder attempting to purchase or receive cigarettes, other tobacco products, or alternative nicotine products presented a driver’s or commercial driver’s license or an identification card. B. A transaction scan of the driver’s or commercial driver’s license or identification card that the card holder presented indicated that the license or card was valid. C. The cigarettes, other tobacco products, or alternative nicotine products were sold, given away or otherwise distributed to the card holder in reasonable reliance upon the identification presented and the completed transaction scan. (2) In determining whether a seller or an agent or employee of a seller has proven the affirmative defense provided by subsection (c)(1) of this section, the trier of fact in the action for the alleged violation of subsection (a) of this section shall consider any written policy that the seller has adopted and implemented and that is intended to prevent violations of subsection (a) of this section. For purposes of subsection (c)(1)C. of this section, the trier of fact shall consider that reasonable reliance upon the identification presented and the completed transaction scan may require a seller or an agent or employee of a seller to exercise reasonable diligence to determine, and that the use of a transaction scan device does not excuse a seller or an agent or employee of a seller from exercising reasonable diligence to determine, the following: A. Whether a person to whom the seller or agent or employee of a seller sells, gives away or otherwise distributes cigarettes, other tobacco products, or alternative nicotine products is twenty-one years of age or older; B. Whether the description and picture appearing on the driver’s or commercial driver’s license or identification card presented by a card holder is that of the card holder. (3) In any criminal action in which the affirmative defense provided by subsection (c)(1) of this section is raised, the Registrar of Motor Vehicles or a Deputy Registrar who issued an identification card under Ohio R.C. 4507.50 to 4507.52 shall be permitted to submit certified copies of the records of that issuance in lieu of the testimony of the personnel of or contractors with the Bureau of Motor Vehicles in the action. (ORC 2927.022) (d) Shipment of Tobacco Products. (1) As used in this subsection (d): A. “Authorized recipient of tobacco products” means: 1. In the case of cigarettes, a person who is: a. Licensed as a cigarette wholesale dealer under Ohio R.C. 5743.15; b. Licensed as a retail dealer as long as the person purchases cigarettes with the appropriate tax stamp affixed; c. An export warehouse proprietor as defined in Internal Revenue Code Section 5702; d. An operator of a customs bonded warehouse under 19 U.S.C. Section 1311 or 19 U.S.C. Section 1555; e. An officer, employee, or agent of the federal government or of this state acting in the person's official capacity; f. A department, agency, instrumentality, or political subdivision of the federal government or of this state; g. A person having a consent for consumer shipment issued by the Ohio Tax Commissioner under Ohio R.C. 5743.71. 2. In the case of electronic smoking devices or vapor products, a person who is: a. Licensed as a distributor of tobacco or vapor products under Ohio R.C. 5743.61; b. A retail dealer of vapor products, as defined in Ohio R.C. 5741.01(C)(3), that is not licensed as a vapor distributor, as long as the tax levied by Ohio R.C. 5743.51, 5743.62, or 5743.63, as applicable, has been paid; c. An operator of a customs bonded warehouse under 19 U.S.C. Section 1311 or 19 U.S.C. Section 1555; d. An officer, employee, or agent of the federal government or of this state acting in the person's official capacity; e. A department, agency, instrumentality, or political subdivision of the federal government or of this state. B. “Motor Carrier,” Has the same meaning as in Ohio R.C. 4923.01. (2) The purpose of this section is to prevent the sale of cigarettes, electronic smoking devices, and vapor products to minors and to ensure compliance with the Master Settlement Agreement, as defined in Ohio R.C. 1346.01. (3) A. No person shall cause to be shipped any cigarettes, electronic smoking devices, and vapor products to any person in this municipality other than an authorized recipient of tobacco products. B. No motor carrier, or other person shall knowingly transport cigarettes, electronic smoking devices, and vapor products to any person in this municipality that the carrier or other person reasonably believes is not an authorized recipient of tobacco products. If cigarettes, electronic smoking devices, and vapor products are transported to a home or residence, it shall be presumed that the motor carrier, or other person knew that the person to whom the cigarettes, electronic smoking devices, and vapor products were delivered was not an authorized recipient of tobacco products. (4) No person engaged in the business of selling cigarettes, electronic smoking devices, and vapor products who ships or causes to be shipped cigarettes, electronic smoking devices, and vapor products to any person in this municipality in any container or wrapping other than the original container or wrapping shall fail to plainly and visibly mark the exterior of the container or wrapping in which the cigarettes, electronic smoking devices, and vapor products are shipped with the words ”cigarettes”, ”electronic smoking devices”, or “vapor products”, as applicable. (5) A court shall impose a fine of up to one thousand dollars ($1,000) for each violation of subsection (d)(3)A., (d)(3)B. or (d)(4) of this section. (ORC 2927.023) (e) Furnishing False Information to Obtain Tobacco Products. (1) No person who is eighteen years of age or older but younger than twenty-one years of age shall knowingly furnish false information concerning that person’s name, age, or other identification for the purpose of obtaining tobacco products. (2) Whoever violates subsection (e)(1) of this section is guilty of furnishing false information to obtain tobacco products. Except as otherwise provided in this division, furnishing false information to obtain tobacco products is a misdemeanor of the fourth degree. If the offender previously has been convicted of or pleaded guilty to a violation of subsection (e)(1) of this section or a substantially equivalent state law or municipal ordinance, furnishing false information to obtain tobacco products is a misdemeanor of the third degree. (ORC 2927.024) Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588. Hosted by: American Legal Publishing Back to Code Library Previous Doc Next Doc 0 items available --- ## Detected legislative history - Ordinances of Sheffield Lake, OH - ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO - ORDINANCE NO. 116-84 - ORDINANCES OF SHEFFIELD LAKE - orderly Conduct and Peace Disturbance - ORDER - ordance with the terms of a court order that is issued in relation to the investigation or prosecution of an alleged violation of this section - amended, or the “Telephone Consumer Protection Act”, 105 Stat - amended - repealed by Senate Bill 162, effective September 13, 2010 - ordinance or law of this or any other state or the United States that is substantially similar to domestic violence, a violation of Ohio R - ordinance or law of this or any other state or the United States that is substantially similar to any of those sections if the victim of the violation was a family or household member at the - Ord. 63-71 - order issued or consent agreement approved pursuant to Ohio R - order issued pursuant to Ohio R - order issued by a court of another state - order - order is a misdemeanor of the first degree - order is a felony and shall be prosecuted under State law if the offender previously has been convicted of, pleaded guilty to, or been adjudicated a delinquent child for any of the fo - order or consent agreement; - order or consent agreement while committing a felony offense, violating a protection order is a felony and shall be prosecuted under appropriate state law - order violated by the offender was an order issued pursuant to Ohio R - order that the offender pay the costs of the installation of the electronic monitoring device and the cost of monitoring the electronic monitoring device - order issued by a court of another state does not comply with the requirements specified in 18 U - order that must be accorded full faith and credit by a court of this State or that it is not entitled to full faith and credit under 18 U - order or consent agreement was served on the defendant if the prosecution proves that the defendant was shown the protection order or consent agreement or a copy of either or a judge, - order or consent agreement had been issued, and proves that the defendant recklessly violated the terms of the order or agreement - order issued by a court of another state” means an injunction or another order issued by a criminal court of another state for the purpose of preventing violent or threatening acts or - order, and means an injunction or order of that nature issued by a civil court of another state, including a temporary order and a final order issued in an independent action or as a - order in a proceeding for other relief, if the court issued it in response to a complaint, petition or motion filed by or on behalf of a person seeking protection - order issued by a court of another state” does not include an order for support or for custody of a child - ordinance, not more than five hundred dollars ($500 - ordinance, five hundred dollars ($500 - ordinance, one thousand dollars ($1,000 - ordinance, one thousand five hundred dollars ($1,500), - ordinance, permitting a person under twenty-one years of age to use cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the third degree - adopted by the Registrar of Motor Vehicles under Ohio R - ord or maintain any information derived from a transaction scan, except for the following: - orded and maintained under subsection (b)(4)A - order or as specifically authorized by subsection (c) of this section or another section of these Codified Ordinances or the Ohio Revised Code - adopted and implemented and that is intended to prevent violations of subsection (a) of this section - ords of that issuance in lieu of the testimony of the personnel of or contractors with the Bureau of Motor Vehicles in the action - ords ”cigarettes”, ”electronic smoking devices”, or “vapor products”, as applicable - ordinance, furnishing false information to obtain tobacco products is a misdemeanor of the third degree - Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality - Ordinances should be consulted prior to any action being taken - Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588 --- *Imported automatically by MunicipalWiki. The original publisher remains the authoritative source pending legal normalization and verification.* # 537.13 ADULTERATING OF OR FURNISHING ADULTERATED FOOD OR CONFECTION. # 537.13 ADULTERATING OF OR FURNISHING ADULTERATED FOOD OR CONFECTION.
Document typesection
Identifier537.13
Citation§ 537.13
Ordinances detectedS, 116-84, ER, OR, 63-71, INANCE
Dates detectedSeptember 13, 2010
Original source[American Legal Publishing](https://codelibrary.amlegal.com/codes/sheffieldlake/latest/sheffieldlake_oh/0-0-0-11852)
Content hash`2884f9a4928eaae4c13bdc64f8d14de819a93bc047b2a2f567d42bed7fdb0f1c`
--- Skip to main content Search Sitemap Login Select Language Resources Skip to code content (skip section selection) 2025-04 (current) Sheffield Lake Overview Codified Ordinances of Sheffield Lake, OH CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO CERTIFICATION ROSTER OF OFFICIALS ADOPTING ORDINANCE NO. 116-84 COMPARATIVE SECTION TABLE TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE CHARTER PART ONE - ADMINISTRATIVE CODE PART THREE - TRAFFIC CODE PART FIVE - GENERAL OFFENSES CODE CHAPTER 501 General Provisions and Penalty CHAPTER 505 Animals and Fowl CHAPTER 509 Disorderly Conduct and Peace Disturbance CHAPTER 513 Drug Abuse Control CHAPTER 517 Gambling CHAPTER 521 Health, Safety and Sanitation CHAPTER 525 Law Enforcement and Public Office CHAPTER 529 Liquor Control CHAPTER 531 Noise Control CHAPTER 533 Obscenity and Sex Offenses CHAPTER 537 Offenses Against Persons 537.01 NEGLIGENT HOMICIDE. 537.02 VEHICULAR HOMICIDE AND MANSLAUGHTER. 537.021 VEHICULAR ASSAULT IN A CONSTRUCTION ZONE. 537.03 ASSAULT. 537.04 NEGLIGENT ASSAULT. 537.05 AGGRAVATED MENACING. 537.051 MENACING BY STALKING. 537.06 MENACING. 537.07 ENDANGERING CHILDREN. 537.08 UNLAWFUL RESTRAINT. 537.09 COERCION. 537.10 TELECOMMUNICATION HARASSMENT. 537.11 THREATENING OR HARASSING TELEPHONE CALLS. 537.12 MISUSE OF 9-1-1 SYSTEM. 537.13 ADULTERATING OF OR FURNISHING ADULTERATED FOOD OR CONFECTION. 537.14 DOMESTIC VIOLENCE. 537.15 ANNOYING BUILDING OCCUPANTS. 537.16 MOLESTING OR INSULTING PERSONS. 537.17 TEMPORARY PROTECTION ORDER. 537.18 ILLEGAL DISTRIBUTION OF CIGARETTES, OTHER TOBACCO PRODUCTS, OR ALTERNATE NICOTINE PRODUCTS; TRANSACTION SCANS. 537.19 RESERVED. 537.20 CONTRIBUTING TO UNRULINESS OR DELINQUENCY OF A CHILD. 537.21 HAZING PROHIBITED. 537.22 ILLEGAL USE OF A TRACKING DEVICE OR APPLICATION. 537.99 PENALTY. CHAPTER 541 Property Offenses CHAPTER 545 Theft and Fraud CHAPTER 549 Weapons and Explosives CHAPTER 553 Railroads CHAPTER 557 Watercraft CHAPTER 561 Weeds and Grass PART SEVEN - BUSINESS REGULATION CODE PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE PART ELEVEN - PLANNING AND ZONING CODE PART THIRTEEN - BUILDING CODE PART FIFTEEN - FIRE PREVENTION CODE OH Sheffield Lake Codified Ordinances of Sheffield Lake, OH 537.13 ADULTERATING OF OR FURNISHING ADULTERATED FOOD OR CONFECTION. CHAPTER 537 Offenses Against Persons 537.10 TELECOMMUNICATION HARASSMENT. (a) No person shall knowingly make or cause to be made a telecommunication, or knowingly permit telecommunication to be made from a telecommunications device under the person’s control, to another, if the caller does any of the following: (1) Makes the telecommunication with purpose to harass, intimidate, or abuse, any person at the premises to which the telecommunication is made, whether or not actual communication takes place between the caller and a recipient; (2) Describes, suggests, requests, or proposes that the caller, the recipient of the telecommunication, or any other person engage in sexual activity, and the recipient or another person at the premises to which the telecommunication is made has requested, in a previous telecommunication or in the immediate telecommunication, that the caller not make a telecommunication to the recipient or to the premises to which the telecommunication is made; (3) During the telecommunication, violates Ohio R.C. 2903.21; (4) Knowingly states to the recipient of the telecommunication that the caller intends to cause damage to or destroy public or private property, and the recipient, any member of the recipient’s family, or any other person who resides at the premises to which the telecommunication is made owns, leases, resides, or works in, will at the time of the destruction or damaging be near or in, has the responsibility of protecting, or insures the property that will be destroyed or damaged; (5) Knowingly makes the telecommunication to the recipient of the telecommunication, to another person at the premises to which the telecommunication is made, or to those premises, and the recipient or another person at those premises previously has told the caller not to make a telecommunication to those premises or to any person at those premises. (6) Knowingly makes any comment, request, suggestion, or proposal to the recipient of the telecommunication that is threatening, intimidating, menacing, coercive, or obscene with the intent to abuse, threaten or harass the recipient; (7) Without a lawful business purpose, knowingly interrupts the telecommunication service of any person; (8) Without a lawful business purpose, knowingly transmits to any person, regardless of whether the telecommunication is heard in its entirety, any file, document or other communication that prevents that person from using the person’s telephone service or electronic communication device; (9) Knowingly makes any false statement concerning the death, injury, illness, disfigurement, reputation, indecent conduct, or criminal conduct of the recipient of the telecommunication or family or household member of the recipient with purpose to abuse, threaten, intimidate, or harass the recipient; (10) Knowingly incites another person through a telecommunication or other means to harass or participate in the harassment of a person; (11) Knowingly alarms the recipient by making a telecommunication without a lawful purpose at an hour or hours known to be inconvenient to the recipient and in an offensive or repetitive manner. (b) (1) No person shall make or cause to be made a telecommunication, or permit a telecommunication to be made from a telecommunications device under the person’s control, with purpose to abuse, threaten, or harass another person. (2) No person shall knowingly post a text or audio statement or an image on an internet web site or web page for the purpose of abusing, threatening, or harassing another person. (c) (1) Whoever violates this section is guilty of telecommunication harassment. (2) A violation of subsections (a)(1), (2), (3), (5), (6), (7), (8), (9), (10), or (11) or (b) hereof is a misdemeanor of the first degree on a first offense. Each subsequent offense is a felony and shall be prosecuted under appropriate State law. (3) Whoever violates subsection (a)(4) hereof is guilty of a misdemeanor of the first degree for a first offense. For each subsequent offense or if a violation of subsection (a)(4) hereof results in economic harm of one thousand dollars ($1,000) or more, a violation of subsection (a)(4) hereof is a felony and shall be prosecuted under appropriate State law. (d) No cause of action may be asserted in any court of this State against any provider of a telecommunications service, interactive computer service as defined in Section 230 of Title 47 of the United States Code, or information service, or against any officer, employee, or agent of a telecommunication service, interactive computer service as defined in Section 230 of Title 47 of the United States Code, or information service, for any injury, death, or loss to person or property that allegedly arises out of the provider’s, officer’s, employee’s, or agent’s provision of information, facilities, or assistance in accordance with the terms of a court order that is issued in relation to the investigation or prosecution of an alleged violation of this section. A provider of a telecommunications service, interactive computer service as defined in Section 230 of Title 47 of the United States Code, or information service, or an officer, employee, or agent of a telecommunications service, interactive computer service as defined in Section 230 of Title 47 of the United States Code, of information service, is immune from any civil or criminal liability for injury, death, or loss to person or property that allegedly arises out of the provider’s, officer’s, employee’s, or agent’s provision of information, facilities, or assistance in accordance with the terms of a court order that is issued in relation to the investigation or prosecution of an alleged violation of this section. (e) (1) This section does not apply to a person solely because the person provided access or connection to or from an electronic method of remotely transferring information not under that person’s control, including having provided capabilities that are incidental to providing access or connection to or from the electronic method of remotely transferring the information, and that do not include the creation of the content of the material that is the subject of the access or connection. In addition, any person providing access or connection to or from an electric method of remotely transferring information not under that person’s control shall not be liable for any action voluntarily taken in good faith to block the receipt or transmission through its service of any information that the person believes is, or will be sent, in violation of this section. (2) Subsection (e)(1) of this section does not create an affirmative duty for any person providing access or connection to or from an electronic method of remotely transferring information not under that person’s control to block the receipt or transmission through its service of any information that it believes is, or will be sent, in violation of this section except as otherwise provided by law. (3) Subsection (e)(1) of this section does not apply to a person who conspires with a person actively involved in the creation or knowing distribution of material in violation of this section or who knowingly advertises the availability of material of that nature. (4) A provider or user of an interactive computer service, as defined in Section 230 of Title 47 of the United States Code, shall neither be treated as the publisher or speaker of any information provided by another information content provider, as defined in Section 230 of Title 47 of the United States Code, nor held civilly or criminally liable for the creation or development of information provided by another information content provider, as defined in Section 230 of Title 47 of the United States Code. Nothing in this subsection shall be construed to protect a person from liability to the extent that the person developed or created any content in violation of this section. (f) Subsections (a)(5) to (11) and (b)(2) of this section do not apply to a person who, while employed or contracted by a newspaper, magazine, press association, news agency, news wire service, cable channel or cable operator, or radio or television station, is gathering, processing, transmitting, compiling, editing or disseminating information for the general public, within the scope of the person’s employment in that capacity or the person’s contractual authority in that capacity. (g) As used in this section: (1) “Economic harm” means all direct, incidental, and consequential pecuniary harm suffered by a victim as a result of criminal conduct. “Economic harm” includes, but is not limited to, all of the following: A. All wages, salaries, or other compensation lost as a result of the criminal conduct; B. The cost of all wages, salaries or other compensation paid to employees for time those employees are prevented from working as a result of the criminal conduct; C. The overhead costs incurred for the time that a business is shut down as a result of the criminal conduct; D. The loss of value to tangible or intangible property that was damaged as a result of the criminal conduct. (2) “Caller” means the person described in subsection (a) hereof who makes or causes to be made a telecommunication or who permits a telecommunication to be made from a telecommunications device under that person’s control. (3) “Telecommunication” and “telecommunications device” have the same meanings as in Ohio R.C. 2913.01. (4) “Sexual activity” has the same meaning as in Ohio R.C. 2907.01. (5) “Family or household member” means any of the following: A. Any of the following who is residing or has resided with the recipient of the telecommunication against whom the act prohibited in subsection (a)(9) of this section is committed: 1. A spouse, a person living as a spouse, or a former spouse of the recipient; 2. A parent, a foster parent, or a child of the recipient, or another person related by consanguinity or affinity to the recipient; 3.. A parent or a child of a spouse, person living as a spouse, or former spouse of the recipient, or anther person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of the recipient. B. The natural parent of any child of whom the recipient of the telecommunication against whom the act prohibited in subsection (a)(9) of this section is committed is the other natural parent or is the putative other natural parent. (6) “Person living as a spouse” means a person who is living or has lived with the recipient of the telecommunication against whom the act prohibited in subsection (a)(9) of this section is committed in a common law marital relationship, who otherwise is cohabiting with the recipient, or who otherwise has cohabited with the recipient within five years prior to the date of the alleged commission of the act in question. (7) “Cable operator” has the same meaning as in Ohio R.C. 1332.21. (h) Nothing in this section prohibits a person from making a telecommunication call to a debtor that is in compliance with the “Fair Debt Collection Practices Act”, 91 Stat. 874 (1977), 15 U.S.C. 1692, as amended, or the “Telephone Consumer Protection Act”, 105 Stat. 2395 (1991), 47 U.S.C. 227, as amended. (ORC 2917.21) 537.11 THREATENING OR HARASSING TELEPHONE CALLS. (EDITOR’S NOTE: Former Ohio R.C. 4931.31 from which Section 537.11 was derived was repealed by Senate Bill 162, effective September 13, 2010. See now Section 537.10 “Telecommunication Harassment”.) 537.12 MISUSE OF 9-1-1 SYSTEM. (a) “9-1-1 system” means a system through which individuals can request emergency service using the access number 9-1-1. (ORC 128.01(A)) (b) No person shall knowingly use the telephone number of the 9-1-1 system established under Ohio R.C. Chapter 128 to report an emergency if he knows that no emergency exists. (c) No person shall knowingly use a 9-1-1 system for a purpose other than obtaining emergency service. (d) No person shall disclose or use any information concerning telephone numbers, addresses, or names obtained from the data base that serves the public safety answering point of a 9-1-1 system established under Ohio R.C. Chapter 128, except for any of the following purposes or under any of the following circumstances: (1) For the purpose of the 9-1-1 system; (2) For the purpose of responding to an emergency call to an emergency service provider; (3) In the circumstance of the inadvertent disclosure of such information due solely to technology of the wireline telephone network portion of the 9-1-1 system not allowing access to the data base to be restricted to 9-1-1 specific answering lines at a public safety answering point; (4) In the circumstance of access to a data base being given by a telephone company that is a wireline service provider to a public utility or municipal utility in handling customer calls in times of public emergency or service outages. The charge, terms, and conditions for the disclosure or use of such information for the purpose of such access to a data base shall be subject to the jurisdiction of the steering committee. (5) In the circumstance of access to a data base given by a telephone company that is a wireline service provider to a state and local government in warning of a public emergency, as determined by the steering committee. The charge, terms, and conditions for the disclosure or use of that information for the purpose of access to a data base is subject to the jurisdiction of the steering committee. (ORC 128.32) (e) (1) Whoever violates subsection (b) hereof is guilty of a misdemeanor of the fourth degree. (2) Whoever violates subsection (c) or (d) hereof is guilty of a misdemeanor of the fourth degree on a first offense. For each subsequent offense such person is guilty of a felony and shall be prosecuted under appropriate State law. (ORC 128.99) 537.13 ADULTERATING OF OR FURNISHING ADULTERATED FOOD OR CONFECTION. (a) No person shall do either of the following, knowingly or having reasonable cause to believe that any person may suffer physical harm or be seriously inconvenienced or annoyed thereby: (1) Place a pin, needle, razor blade, glass, laxative, drug of abuse, or other harmful or hazardous object or substance in any food or confection; (2) Furnish to any person any food or confection which has been adulterated in violation of subsection (a)(1) hereof. (ORC 3716.11) (b) Whoever violates this section is guilty of a misdemeanor of the first degree. (ORC 3716.99(C)) 537.14 DOMESTIC VIOLENCE. (a) No person shall knowingly cause or attempt to cause physical harm to a family or household member. (b) No person shall recklessly cause serious physical harm to a family or household member. (c) No person, by threat of force, shall knowingly cause a family or household member to believe that the offender will cause imminent physical harm to the family or household member. (d) (1) Whoever violates this section is guilty of domestic violence. (2) Except as otherwise provided in subsection (d)(3) to (5) of this section, a violation of subsection (c) of this section is a misdemeanor of the fourth degree, and a violation of subsection (a) or (b) of this section is a misdemeanor of the first degree. (3) Except as otherwise provided in subsection (d)(4) of this section, if the offender previously has pleaded guilty to or been convicted of domestic violence, a violation of an existing or former municipal ordinance or law of this or any other state or the United States that is substantially similar to domestic violence, a violation of Ohio R.C. 2903.14, 2909.06, 2909.07, 2911.12, 2911.211, or 2919.22 if the victim of the violation was a family or household member at the time of the violation, a violation of an existing or former municipal ordinance or law of this or any other state or the United States that is substantially similar to any of those sections if the victim of the violation was a family or household member at the time of the commission of the violation, or any offense of violence if the victim of the offense was a family or household member at the time of the commission of the offense, a violation of subsection (a) or (b) of this section is a felony and shall be prosecuted under appropriate state law, and a violation of subsection (c) of this section is a misdemeanor of the second degree. (4) If the offender previously has pleaded guilty to or been convicted of two or more offenses of domestic violence or two or more violations or offenses of the type described in subsection (d)(3) of this section involving a person who was a family or household member at the time of the violations or offenses, a violation of subsection (a) or (b) of this section is a felony to be prosecuted under appropriate state law. A violation of subsection (c) of this section is a misdemeanor of the first degree. If the offender previously has pleaded guilty to or been convicted of two or more offenses of domestic violence or two or more violations or offenses of the type described in subsection (d)(3) of this section involving a person who was a family or household member at the time of the violations or offenses, and the offender knew that the victim of the violation was pregnant at the time of the violation, a violation of subsection (a) or (b) of this section is a felony to be prosecuted under appropriate state law. (5) Except as otherwise provided in subsection (d)(3) or (4) of this section, if the offender knew that the victim of the violation was pregnant at the time of the violation, a violation of subsection (a) or (b) of this section is a felony and shall be prosecuted under appropriate State law, and a violation of subsection (c) of this section is a misdemeanor of the third degree. (e) Notwithstanding any provision of law to the contrary, no court or unit of local government shall charge any fee, cost, deposit, or money in connection with the filing of charges against a person alleging that the person violated this section or in connection with the prosecution of any charges so filed. (f) As used in this section: (1) "Family or household member" means any of the following: A. Any of the following who is residing or has resided with the offender: 1. A spouse, a person living as a spouse or a former spouse of the offender; 2. A parent, a foster parent or a child of the offender, or another person related by consanguinity or affinity to the offender; 3. A parent, or a child of a spouse, person living as a spouse, or former spouse of the offender; or another person related by consanguinity or affinity to a spouse, person living as a spouse or former spouse of the offender. B. The natural parent of any child of whom the offender is the other natural parent or is the putative other natural parent. (2) "Person living as a spouse" means a person who is living or has lived with the offender in a common law marital relationship, who otherwise is cohabiting with the offender, or who otherwise has cohabited with the offender within five years prior to the date of the alleged commission of the act in question. (ORC 2919.25) (g) The same relief available under the Ohio Revised Code for filing a complaint for violation of Ohio R.C. 2919.25 shall be available for filing a complaint for violation of this section. 537.15 ANNOYING BUILDING OCCUPANTS. (a) No person, without proper occasion, shall disturb or annoy the occupants of any dwelling, building, store or other place by knocking on the door, gate or window of such structure, or by ringing the doorbell attached thereto. (Ord. 63-71. Passed 9-14-71.) (b) Whoever violates this section is guilty of a misdemeanor of the fourth degree. 537.16 MOLESTING OR INSULTING PERSONS. (a) No person shall, unreasonably and without lawful purpose, follow, pursue, lay hands on or otherwise molest or insult any other person. (b) Whoever violates this section is guilty of a misdemeanor of the fourth degree. 537.17 TEMPORARY PROTECTION ORDER. (a) No person shall recklessly violate the terms of any of the following: (1) A protection order issued or consent agreement approved pursuant to Ohio R.C. 2919.26 or 3113.31; (2) A protection order issued pursuant to Ohio R.C. 2151.34, 2903.213 or 2903.214; (3) A protection order issued by a court of another state. (b) (1) Whoever violates this section is guilty of violating a protection order. (2) Except as otherwise provided in subsection (b)(3) of this section, violating a protection order is a misdemeanor of the first degree. (3) Violating a protection order is a felony and shall be prosecuted under State law if the offender previously has been convicted of, pleaded guilty to, or been adjudicated a delinquent child for any of the following: A. A violation of a protection order issued or consent agreement approved pursuant to Ohio R.C. 2151.34, 2903.213, 2903.214, 2919.26, or 3113.31; B. Two or more violations of Ohio R.C. 2903.21, 2903.211, 2903.22, or 2911.211 or any combination of those offenses that involved the same person who is the subject of the protection order or consent agreement; C. One or more violations of this section. (4) If the offender violates a protection order or consent agreement while committing a felony offense, violating a protection order is a felony and shall be prosecuted under appropriate state law. (5) If the protection order violated by the offender was an order issued pursuant to Ohio R.C. 2151.34 or 2903.214 that required electronic monitoring of the offender pursuant to that section, the court may require in addition to any other sentence imposed upon the offender that the offender be electronically monitored for a period not exceeding five years by a law enforcement agency designated by the court. If the court requires under this subsection that the offender be electronically monitored, unless the court determines that the offender is indigent, the court shall order that the offender pay the costs of the installation of the electronic monitoring device and the cost of monitoring the electronic monitoring device. (c) It is an affirmative defense to a charge under subsection (a)(3) of this section that the protection order issued by a court of another state does not comply with the requirements specified in 18 U.S.C. 2265(b) for a protection order that must be accorded full faith and credit by a court of this State or that it is not entitled to full faith and credit under 18 U.S.C. 2265(c). (d) In a prosecution for a violation of this section, it is not necessary for the prosecution to prove that the protection order or consent agreement was served on the defendant if the prosecution proves that the defendant was shown the protection order or consent agreement or a copy of either or a judge, magistrate, or law enforcement officer informed the defendant that a protection order or consent agreement had been issued, and proves that the defendant recklessly violated the terms of the order or agreement. (e) As used in this section, “protection order issued by a court of another state” means an injunction or another order issued by a criminal court of another state for the purpose of preventing violent or threatening acts or harassment against, contact or communication with, or physical proximity to another person, including a temporary order, and means an injunction or order of that nature issued by a civil court of another state, including a temporary order and a final order issued in an independent action or as a pendente lite order in a proceeding for other relief, if the court issued it in response to a complaint, petition or motion filed by or on behalf of a person seeking protection. “Protection order issued by a court of another state” does not include an order for support or for custody of a child. (ORC 2919.27) 537.18 ILLEGAL DISTRIBUTION OF CIGARETTES, OTHER TOBACCO PRODUCTS, OR ALTERNATE NICOTINE PRODUCTS; TRANSACTION SCANS. (a) Illegal Distribution of Cigarettes, Other Tobacco Products, or Alternative Nicotine Products. (1) As used in this section: A. “Age verification.” A service provided by an independent third party (other than a manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes) that compares information available from a commercially available database, or aggregate of databases, that regularly are used by government and businesses for the purpose of age and identity verification to personal information provided during an internet sale or other remote method of sale to establish that the purchaser is twenty-one years of age or older. B. “Alternative nicotine product.” 1. Subject to subsection (a)(1)B.2. of this section, an electronic smoking device, vapor product, or any other product or device that consists of or contains nicotine that can be ingested into the body by any means, including, but not limited to, chewing, smoking, absorbing, dissolving, or inhaling. 2. The phrase does not include any of the following: a. Any cigarette or other tobacco product; b. Any product that is a “drug” as that term is defined in 21 U.S.C. 321(g)(1); c. Any product that is a “device” as that term is defined in 21 U.S.C. 321(h); d. Any product that is a “combination product” as described in 21 U.S.C. 353(g). C. “Cigarette.” Includes clove cigarettes and hand-rolled cigarettes. D. “Distribute.” Means to furnish, give, or provide cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to the ultimate consumer of the cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes. E. “Electronic smoking device.” Means any device that can be used to deliver aerosolized or vaporized nicotine or any other substance to the person inhaling from the device including an electronic cigarette, electronic cigar, electronic hookah, vaping pen, or electronic pipe. The phrase includes any component, part, or accessory of such a device, whether or not sold separately, and includes any substance intended to be aerosolized or vaporized during the use of the device. The phrase does not include any product that is a drug, device, or combination product, as those terms are defined or described in 21 U.S.C. 321 and 353(g). F. “Proof of age.” Means a driver’s license, a commercial driver’s license, a military identification card, a passport, or an identification card issued under Ohio R.C. 4507.50 to 4507.52 that shows that a person is twenty-one years of age or older. G. “Tobacco product.” Means any product that is made or derived from tobacco or that contains any form of nicotine, if it is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled, or ingested by any other means, including, but not limited to, a cigarette, an electronic smoking device, a cigar, pipe tobacco, chewing tobacco, snuff, or snus. The phrase also means any component or accessory used in the consumption of a tobacco product, such as filters, rolling papers, pipes, blunt or hemp wraps, and liquids used in electronic smoking devices, whether or not they contain nicotine. The phrase does not include any product that is a drug, device, or combination product, as those terms are defined or described in 21 U.S.C. 321 and 353(g). H. “Vapor product.” Means a product, other than a cigarette or other tobacco product as defined in Ohio R.C. Chapter 5743, that contains or is made or derived from nicotine and that is intended and marketed for human consumption, including by smoking, inhaling, snorting, or sniffing. The phrase includes any component, part, or additive that is intended for use in an electronic smoking device, a mechanical heating element, battery, or electronic circuit and is used to deliver the product. The phrase does not include any product that is a drug, device, or combination product, as those terms are defined or described in 21 U.S.C. 321 and 353(g). The phrase includes any product containing nicotine, regardless of concentration. I. “Vending machine.” Has the same meaning as “coin machine” in Ohio R.C. 2913.01. (2) No manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes, no agent, employee, or representative of a manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes, and no other person shall do any of the following: A. Give, sell, or otherwise distribute cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes: 1. To any person under twenty-one years of age; or 2. Without first verifying proof of age. B. Give away, sell, or distribute cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes in any place that does not have posted in a conspicuous place a legibly printed sign in letters at least one-half inch high stating that giving, selling, or otherwise distributing cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to a person under twenty-one years of age is prohibited by law; C. Knowingly furnish any false information regarding the name, age, or other identification of any person under twenty-one years of age with purpose to obtain cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes for that person; D. Manufacture, sell, or distribute in this state any pack or other container of cigarettes containing fewer than twenty cigarettes or any package of roll-your-own tobacco containing less than six-tenths of one ounce of tobacco; E. Sell cigarettes or alternative nicotine products in a smaller quantity than that placed in the pack or other container by the manufacturer; F. Give, sell, or otherwise distribute alternative nicotine products, papers used to roll cigarettes, or tobacco products other than cigarettes over the internet or through another remote method without age verification. G. Allow an employee under eighteen years of age to sell any tobacco product; H. Give away or otherwise distribute free samples of cigarettes, other tobacco products, alternative nicotine products, or coupons redeemable for cigarettes, other tobacco products or alternative tobacco products. (3) No person shall sell or offer to sell cigarettes, other tobacco products, or alternative nicotine products by or from a vending machine, except in the following locations: A. An area within a factory, business, office, or other place not open to the general public; B. An area to which persons under twenty-one years of age are not generally permitted access; C. Any other place not identified in subsection (a)(3)A. or B. of this section, upon all of the following conditions: 1. The vending machine is located within the immediate vicinity, plain view, and control of the person who owns or operates the place, or an employee of that person, so that all cigarettes, other tobacco product, and alternative nicotine product purchases from the vending machine will be readily observed by the person who owns or operates the place or an employee of that person. For the purpose of this section, a vending machine located in any unmonitored area, including an unmonitored coatroom, restroom, hallway, or outer waiting area, shall not be considered located within the immediate vicinity, plain view, and control of the person who owns or operates the place, or an employee of that person. 2. The vending machine is inaccessible to the public when the place is closed. 3\. A clearly visible notice is posted in the area where the vending machine is located that states the following in letters that are legibly printed and at least one-half inch high: “It is illegal for any person under the age of twenty-one to purchase tobacco or alternative nicotine products.” (4) The following are affirmative defenses to a charge under subsection (a)(2)A. of this section: A. The person under twenty-one years of age was accompanied by a parent, spouse who is twenty-one years of age or older, or legal guardian of the person under twenty-one years of age. B. The person who gave, sold, or distributed cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to a person under twenty-one years of age under subsection (a)(2)A. of this section is a parent, spouse who is twenty-one years of age or older, or legal guardian of the person under twenty-one years of age. (5) A. It is not a violation of subsection (a)(2)A. or B. of this section for a person to give or otherwise distribute to a person under twenty-one years of age cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes while the person under twenty-one years of age is participating in a research protocol if all of the following apply: 1. The parent, guardian, or legal custodian of the person under twenty-one years of age has consented in writing to the person under twenty-one years of age participating in the research protocol. 2. An institutional human subjects protection review board, or an equivalent entity, has approved the research protocol. 3. The person under twenty-one years of age is participating in the research protocol at the facility or location specified in the research protocol. B. It is not a violation of subsection (a)(2)A. or B. of this section for an employer to permit an employee eighteen, nineteen or twenty years of age to sell a tobacco product. (6) A. No delivery service shall accept from, transport or deliver to, or allow pick-up by, a person under twenty-one years of age with respect to any of the following: 1. Alternative nicotine products; 2. Papers used to roll cigarettes; 3. Tobacco products other than cigarettes. B. A delivery service shall require proof of age as a condition of accepting, transporting, delivering, or allowing pickup of the items described in subsections (a)(6)A1. to 3. of this section. (7) Whoever violates subsections (a)(2)A., B., D., E., F., G., H., (3) or (6) of this section is guilty of illegal distribution of cigarettes, other tobacco products, or alternative nicotine products. Except as otherwise provided in this division, illegal distribution of cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the fourth degree. If the offender previously has been convicted of or pleaded guilty to illegal distribution of cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the third degree. (8) A. Notwithstanding Ohio R.C. 2929.28(A)(2), if an offender is convicted of or pleads guilty to a violation of subsection (a)(2)A. of this section, the court shall impose a fine in the following amount: 1. Except as otherwise provided in subsections (a)(8)A.2., (a)(8)A.3., (a)(8)A.4., and (a)(8)A.5. of this section, not more than two hundred fifty dollars ($250.00); 2. Except as otherwise provided in subsections (a)(8)A.3., (a)(8)A.4., and (a)(8)A.5. of this section, if an offender has previously been convicted of or pleaded guilty to a violation of subsection (a)(2)A. of this section or a substantially equivalent state law or municipal ordinance, not more than five hundred dollars ($500.00); 3. Except as otherwise provided in subsections (a)(8)A.4. and (a)(8)A.5. of this section, if an offender previously has been convicted of or pleaded guilty to two or more violations of subsection (a)(2)A. of this section or a substantially equivalent state law or municipal ordinance, five hundred dollars ($500.00); 4. Except as otherwise provided in subsection (a)(8)A.5. of this section, if an offender previously has been convicted of or pleaded guilty to three or more violations of subsection (a)(2)A. of this section or a substantially equivalent state law or municipal ordinance, one thousand dollars ($1,000.00); 5. If an offender previously has been convicted of or pleaded guilty to four or more violations of subsection (a)(2)A. of this section or a substantially equivalent state law or municipal ordinance, one thousand five hundred dollars ($1,500), B. The financial sanctions required by subsection (a)(8)A. of this section are in lieu of the financial sanctions described in Ohio R.C. 2929.28(A)(2), but are in addition to any other sanctions or penalties that may apply to the offender, including other financial sanctions under that section or a jail term under Ohio R.C. 2929.24. (9) Whoever violates subsection (a)(2)C. of this section is guilty of permitting a person under twenty-one years of age to use cigarettes, other tobacco products, or alternative nicotine products. Except as otherwise provided in this division, permitting a person under twenty-one years of age to use cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the fourth degree. If the offender previously has been convicted of a violation of subsection (a)(2)C. of this section or a substantially equivalent state law or municipal ordinance, permitting a person under twenty-one years of age to use cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the third degree. (10) Any cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes that are given, sold, or otherwise distributed to a person under twenty-one years of age in violation of this section and that are used, possessed, purchased, or received by a person under twenty-one years of age in violation of Ohio R.C. 2151.87 are subject to seizure and forfeiture as contraband under Ohio R.C. Chapter 2981. (ORC 2927.02) (b) Transaction Scan. (1) For the purpose of this subsection (b) and subsection (c) of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. A. “Card holder.” Any person who presents a driver’s or commercial driver’s license or an identification card to a seller, or an agent or employee of a seller, to purchase or receive cigarettes, other tobacco products, or alternative nicotine products from a seller, agent or employee. B. “Identification card.” An identification card issued under Ohio R.C. 4507.50 to 4507.52. C. “Seller.” A seller of cigarettes, other tobacco products, or alternative nicotine products and includes any person whose gift of or other distribution of cigarettes, other tobacco products, or alternative nicotine products is subject to the prohibitions of subsection (a) of this section. D. “Transaction scan.” The process by which a seller or an agent or employee of a seller checks, by means of a transaction scan device, the validity of a driver’s or commercial driver’s license or an identification card that is presented as a condition for purchasing or receiving cigarettes, other tobacco products, or alternative nicotine products. E. “Transaction scan device.” Any commercial device or combination of devices used at a point of sale that is capable of deciphering in an electronically readable format the information encoded on the magnetic strip or bar code of a driver’s or commercial driver’s license or an identification card. (2) A. A seller or an agent or employee of a seller may perform a transaction scan by means of a transaction scan device to check the validity of a driver’s or commercial driver’s license or identification card presented by a card holder as a condition for selling, giving away or otherwise distributing to the card holder cigarettes, other tobacco products, or alternative nicotine products. B. If the information deciphered by the transaction scan performed under subsection (b)(2)A. of this section fails to match the information printed on the driver’s or commercial driver’s license or identification card presented by the card holder, or if the transaction scan indicates that the information so printed is false or fraudulent, neither the seller nor any agent or employee of the seller shall sell, give away or otherwise distribute any cigarettes, other tobacco products, or alternative nicotine products to the card holder. C. Subsection (b)(2)A. of this section does not preclude a seller or an agent or employee of a seller from using a transaction scan device to check the validity of a document other than a driver’s or commercial driver’s license or identification card, if the document includes a bar code or magnetic strip that may be scanned by the device, as a condition for selling, giving away or otherwise distributing cigarettes, other tobacco products, or alternative nicotine products to the person presenting the document. (3) Rules adopted by the Registrar of Motor Vehicles under Ohio R.C. 4301.61(C) apply to the use of transaction scan devices for purposes of this subsection (b) and subsection (c) of this section. (4) A. No seller or agent or employee of a seller shall electronically or mechanically record or maintain any information derived from a transaction scan, except for the following: 1. The name and date of birth of the person listed on the driver’s or commercial driver’s license or identification card presented by the card holder; 2. The expiration date and identification number of the driver’s or commercial driver’s license or identification card presented by the card holder. B. No seller or agent or employee of a seller shall use the information that is derived from a transaction scan or that is permitted to be recorded and maintained under subsection (b)(4)A. of this section, except for purposes of subsection (c) of this section. C. No seller or agent or employee of a seller shall use a transaction scan device for a purpose other than the purpose specified in subsection (c)(2)A. of this section. D. No seller or agent or employee of a seller shall sell or otherwise disseminate the information derived from a transaction scan to any third party, including but not limited to selling or otherwise disseminating that information for any marketing, advertising or promotional activities, but a seller or agent or employee of a seller may release that information pursuant to a court order or as specifically authorized by subsection (c) of this section or another section of these Codified Ordinances or the Ohio Revised Code. (5) Nothing in this subsection (b) or subsection (c) of this section relieves a seller or an agent or employee of a seller of any responsibility to comply with any other applicable local, state or federal laws or rules governing the sale, giving away or other distribution of cigarettes, other tobacco products, or alternative nicotine products. (6) Whoever violates subsection (b)(2)B. or (b)(4) of this section is guilty of engaging in an illegal tobacco product or alternative nicotine product transaction scan, and the court may impose upon the offender a civil penalty of up to one thousand dollars ($1,000) for each violation. The Clerk of the Court shall pay each collected civil penalty to the County Treasurer for deposit into the County Treasury. (ORC 2927.021) (c) Affirmative Defenses. (1) A seller or an agent or employee of a seller may not be found guilty of a charge of a violation of subsection (a) of this section in which the age of the purchaser or other recipient of cigarettes, other tobacco products, or alternative nicotine products is an element of the alleged violation, if the seller, agent or employee raises and proves as an affirmative defense that all of the following occurred: A. A card holder attempting to purchase or receive cigarettes, other tobacco products, or alternative nicotine products presented a driver’s or commercial driver’s license or an identification card. B. A transaction scan of the driver’s or commercial driver’s license or identification card that the card holder presented indicated that the license or card was valid. C. The cigarettes, other tobacco products, or alternative nicotine products were sold, given away or otherwise distributed to the card holder in reasonable reliance upon the identification presented and the completed transaction scan. (2) In determining whether a seller or an agent or employee of a seller has proven the affirmative defense provided by subsection (c)(1) of this section, the trier of fact in the action for the alleged violation of subsection (a) of this section shall consider any written policy that the seller has adopted and implemented and that is intended to prevent violations of subsection (a) of this section. For purposes of subsection (c)(1)C. of this section, the trier of fact shall consider that reasonable reliance upon the identification presented and the completed transaction scan may require a seller or an agent or employee of a seller to exercise reasonable diligence to determine, and that the use of a transaction scan device does not excuse a seller or an agent or employee of a seller from exercising reasonable diligence to determine, the following: A. Whether a person to whom the seller or agent or employee of a seller sells, gives away or otherwise distributes cigarettes, other tobacco products, or alternative nicotine products is twenty-one years of age or older; B. Whether the description and picture appearing on the driver’s or commercial driver’s license or identification card presented by a card holder is that of the card holder. (3) In any criminal action in which the affirmative defense provided by subsection (c)(1) of this section is raised, the Registrar of Motor Vehicles or a Deputy Registrar who issued an identification card under Ohio R.C. 4507.50 to 4507.52 shall be permitted to submit certified copies of the records of that issuance in lieu of the testimony of the personnel of or contractors with the Bureau of Motor Vehicles in the action. (ORC 2927.022) (d) Shipment of Tobacco Products. (1) As used in this subsection (d): A. “Authorized recipient of tobacco products” means: 1. In the case of cigarettes, a person who is: a. Licensed as a cigarette wholesale dealer under Ohio R.C. 5743.15; b. Licensed as a retail dealer as long as the person purchases cigarettes with the appropriate tax stamp affixed; c. An export warehouse proprietor as defined in Internal Revenue Code Section 5702; d. An operator of a customs bonded warehouse under 19 U.S.C. Section 1311 or 19 U.S.C. Section 1555; e. An officer, employee, or agent of the federal government or of this state acting in the person's official capacity; f. A department, agency, instrumentality, or political subdivision of the federal government or of this state; g. A person having a consent for consumer shipment issued by the Ohio Tax Commissioner under Ohio R.C. 5743.71. 2. In the case of electronic smoking devices or vapor products, a person who is: a. Licensed as a distributor of tobacco or vapor products under Ohio R.C. 5743.61; b. A retail dealer of vapor products, as defined in Ohio R.C. 5741.01(C)(3), that is not licensed as a vapor distributor, as long as the tax levied by Ohio R.C. 5743.51, 5743.62, or 5743.63, as applicable, has been paid; c. An operator of a customs bonded warehouse under 19 U.S.C. Section 1311 or 19 U.S.C. Section 1555; d. An officer, employee, or agent of the federal government or of this state acting in the person's official capacity; e. A department, agency, instrumentality, or political subdivision of the federal government or of this state. B. “Motor Carrier,” Has the same meaning as in Ohio R.C. 4923.01. (2) The purpose of this section is to prevent the sale of cigarettes, electronic smoking devices, and vapor products to minors and to ensure compliance with the Master Settlement Agreement, as defined in Ohio R.C. 1346.01. (3) A. No person shall cause to be shipped any cigarettes, electronic smoking devices, and vapor products to any person in this municipality other than an authorized recipient of tobacco products. B. No motor carrier, or other person shall knowingly transport cigarettes, electronic smoking devices, and vapor products to any person in this municipality that the carrier or other person reasonably believes is not an authorized recipient of tobacco products. If cigarettes, electronic smoking devices, and vapor products are transported to a home or residence, it shall be presumed that the motor carrier, or other person knew that the person to whom the cigarettes, electronic smoking devices, and vapor products were delivered was not an authorized recipient of tobacco products. (4) No person engaged in the business of selling cigarettes, electronic smoking devices, and vapor products who ships or causes to be shipped cigarettes, electronic smoking devices, and vapor products to any person in this municipality in any container or wrapping other than the original container or wrapping shall fail to plainly and visibly mark the exterior of the container or wrapping in which the cigarettes, electronic smoking devices, and vapor products are shipped with the words ”cigarettes”, ”electronic smoking devices”, or “vapor products”, as applicable. (5) A court shall impose a fine of up to one thousand dollars ($1,000) for each violation of subsection (d)(3)A., (d)(3)B. or (d)(4) of this section. (ORC 2927.023) (e) Furnishing False Information to Obtain Tobacco Products. (1) No person who is eighteen years of age or older but younger than twenty-one years of age shall knowingly furnish false information concerning that person’s name, age, or other identification for the purpose of obtaining tobacco products. (2) Whoever violates subsection (e)(1) of this section is guilty of furnishing false information to obtain tobacco products. Except as otherwise provided in this division, furnishing false information to obtain tobacco products is a misdemeanor of the fourth degree. If the offender previously has been convicted of or pleaded guilty to a violation of subsection (e)(1) of this section or a substantially equivalent state law or municipal ordinance, furnishing false information to obtain tobacco products is a misdemeanor of the third degree. (ORC 2927.024) Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588. Hosted by: American Legal Publishing Back to Code Library Previous Doc Next Doc 0 items available --- ## Detected legislative history - Ordinances of Sheffield Lake, OH - ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO - ORDINANCE NO. 116-84 - ORDINANCES OF SHEFFIELD LAKE - orderly Conduct and Peace Disturbance - ORDER - ordance with the terms of a court order that is issued in relation to the investigation or prosecution of an alleged violation of this section - amended, or the “Telephone Consumer Protection Act”, 105 Stat - amended - repealed by Senate Bill 162, effective September 13, 2010 - ordinance or law of this or any other state or the United States that is substantially similar to domestic violence, a violation of Ohio R - ordinance or law of this or any other state or the United States that is substantially similar to any of those sections if the victim of the violation was a family or household member at the - Ord. 63-71 - order issued or consent agreement approved pursuant to Ohio R - order issued pursuant to Ohio R - order issued by a court of another state - order - order is a misdemeanor of the first degree - order is a felony and shall be prosecuted under State law if the offender previously has been convicted of, pleaded guilty to, or been adjudicated a delinquent child for any of the fo - order or consent agreement; - order or consent agreement while committing a felony offense, violating a protection order is a felony and shall be prosecuted under appropriate state law - order violated by the offender was an order issued pursuant to Ohio R - order that the offender pay the costs of the installation of the electronic monitoring device and the cost of monitoring the electronic monitoring device - order issued by a court of another state does not comply with the requirements specified in 18 U - order that must be accorded full faith and credit by a court of this State or that it is not entitled to full faith and credit under 18 U - order or consent agreement was served on the defendant if the prosecution proves that the defendant was shown the protection order or consent agreement or a copy of either or a judge, - order or consent agreement had been issued, and proves that the defendant recklessly violated the terms of the order or agreement - order issued by a court of another state” means an injunction or another order issued by a criminal court of another state for the purpose of preventing violent or threatening acts or - order, and means an injunction or order of that nature issued by a civil court of another state, including a temporary order and a final order issued in an independent action or as a - order in a proceeding for other relief, if the court issued it in response to a complaint, petition or motion filed by or on behalf of a person seeking protection - order issued by a court of another state” does not include an order for support or for custody of a child - ordinance, not more than five hundred dollars ($500 - ordinance, five hundred dollars ($500 - ordinance, one thousand dollars ($1,000 - ordinance, one thousand five hundred dollars ($1,500), - ordinance, permitting a person under twenty-one years of age to use cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the third degree - adopted by the Registrar of Motor Vehicles under Ohio R - ord or maintain any information derived from a transaction scan, except for the following: - orded and maintained under subsection (b)(4)A - order or as specifically authorized by subsection (c) of this section or another section of these Codified Ordinances or the Ohio Revised Code - adopted and implemented and that is intended to prevent violations of subsection (a) of this section - ords of that issuance in lieu of the testimony of the personnel of or contractors with the Bureau of Motor Vehicles in the action - ords ”cigarettes”, ”electronic smoking devices”, or “vapor products”, as applicable - ordinance, furnishing false information to obtain tobacco products is a misdemeanor of the third degree - Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality - Ordinances should be consulted prior to any action being taken - Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588 --- *Imported automatically by MunicipalWiki. The original publisher remains the authoritative source pending legal normalization and verification.* # 537.14 DOMESTIC VIOLENCE. # 537.14 DOMESTIC VIOLENCE.
Document typesection
Identifier537.14
Citation§ 537.14
Ordinances detectedS, 116-84, ER, OR, 63-71, INANCE
Dates detectedSeptember 13, 2010
Original source[American Legal Publishing](https://codelibrary.amlegal.com/codes/sheffieldlake/latest/sheffieldlake_oh/0-0-0-11860)
Content hash`ee48a50c923d2c0d6b00ab05a036ed37524fcb71d88a9932c42d132d37ac882f`
--- Skip to main content Search Sitemap Login Select Language Resources Skip to code content (skip section selection) 2025-04 (current) Sheffield Lake Overview Codified Ordinances of Sheffield Lake, OH CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO CERTIFICATION ROSTER OF OFFICIALS ADOPTING ORDINANCE NO. 116-84 COMPARATIVE SECTION TABLE TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE CHARTER PART ONE - ADMINISTRATIVE CODE PART THREE - TRAFFIC CODE PART FIVE - GENERAL OFFENSES CODE CHAPTER 501 General Provisions and Penalty CHAPTER 505 Animals and Fowl CHAPTER 509 Disorderly Conduct and Peace Disturbance CHAPTER 513 Drug Abuse Control CHAPTER 517 Gambling CHAPTER 521 Health, Safety and Sanitation CHAPTER 525 Law Enforcement and Public Office CHAPTER 529 Liquor Control CHAPTER 531 Noise Control CHAPTER 533 Obscenity and Sex Offenses CHAPTER 537 Offenses Against Persons 537.01 NEGLIGENT HOMICIDE. 537.02 VEHICULAR HOMICIDE AND MANSLAUGHTER. 537.021 VEHICULAR ASSAULT IN A CONSTRUCTION ZONE. 537.03 ASSAULT. 537.04 NEGLIGENT ASSAULT. 537.05 AGGRAVATED MENACING. 537.051 MENACING BY STALKING. 537.06 MENACING. 537.07 ENDANGERING CHILDREN. 537.08 UNLAWFUL RESTRAINT. 537.09 COERCION. 537.10 TELECOMMUNICATION HARASSMENT. 537.11 THREATENING OR HARASSING TELEPHONE CALLS. 537.12 MISUSE OF 9-1-1 SYSTEM. 537.13 ADULTERATING OF OR FURNISHING ADULTERATED FOOD OR CONFECTION. 537.14 DOMESTIC VIOLENCE. 537.15 ANNOYING BUILDING OCCUPANTS. 537.16 MOLESTING OR INSULTING PERSONS. 537.17 TEMPORARY PROTECTION ORDER. 537.18 ILLEGAL DISTRIBUTION OF CIGARETTES, OTHER TOBACCO PRODUCTS, OR ALTERNATE NICOTINE PRODUCTS; TRANSACTION SCANS. 537.19 RESERVED. 537.20 CONTRIBUTING TO UNRULINESS OR DELINQUENCY OF A CHILD. 537.21 HAZING PROHIBITED. 537.22 ILLEGAL USE OF A TRACKING DEVICE OR APPLICATION. 537.99 PENALTY. CHAPTER 541 Property Offenses CHAPTER 545 Theft and Fraud CHAPTER 549 Weapons and Explosives CHAPTER 553 Railroads CHAPTER 557 Watercraft CHAPTER 561 Weeds and Grass PART SEVEN - BUSINESS REGULATION CODE PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE PART ELEVEN - PLANNING AND ZONING CODE PART THIRTEEN - BUILDING CODE PART FIFTEEN - FIRE PREVENTION CODE OH Sheffield Lake Codified Ordinances of Sheffield Lake, OH 537.14 DOMESTIC VIOLENCE. CHAPTER 537 Offenses Against Persons 537.10 TELECOMMUNICATION HARASSMENT. (a) No person shall knowingly make or cause to be made a telecommunication, or knowingly permit telecommunication to be made from a telecommunications device under the person’s control, to another, if the caller does any of the following: (1) Makes the telecommunication with purpose to harass, intimidate, or abuse, any person at the premises to which the telecommunication is made, whether or not actual communication takes place between the caller and a recipient; (2) Describes, suggests, requests, or proposes that the caller, the recipient of the telecommunication, or any other person engage in sexual activity, and the recipient or another person at the premises to which the telecommunication is made has requested, in a previous telecommunication or in the immediate telecommunication, that the caller not make a telecommunication to the recipient or to the premises to which the telecommunication is made; (3) During the telecommunication, violates Ohio R.C. 2903.21; (4) Knowingly states to the recipient of the telecommunication that the caller intends to cause damage to or destroy public or private property, and the recipient, any member of the recipient’s family, or any other person who resides at the premises to which the telecommunication is made owns, leases, resides, or works in, will at the time of the destruction or damaging be near or in, has the responsibility of protecting, or insures the property that will be destroyed or damaged; (5) Knowingly makes the telecommunication to the recipient of the telecommunication, to another person at the premises to which the telecommunication is made, or to those premises, and the recipient or another person at those premises previously has told the caller not to make a telecommunication to those premises or to any person at those premises. (6) Knowingly makes any comment, request, suggestion, or proposal to the recipient of the telecommunication that is threatening, intimidating, menacing, coercive, or obscene with the intent to abuse, threaten or harass the recipient; (7) Without a lawful business purpose, knowingly interrupts the telecommunication service of any person; (8) Without a lawful business purpose, knowingly transmits to any person, regardless of whether the telecommunication is heard in its entirety, any file, document or other communication that prevents that person from using the person’s telephone service or electronic communication device; (9) Knowingly makes any false statement concerning the death, injury, illness, disfigurement, reputation, indecent conduct, or criminal conduct of the recipient of the telecommunication or family or household member of the recipient with purpose to abuse, threaten, intimidate, or harass the recipient; (10) Knowingly incites another person through a telecommunication or other means to harass or participate in the harassment of a person; (11) Knowingly alarms the recipient by making a telecommunication without a lawful purpose at an hour or hours known to be inconvenient to the recipient and in an offensive or repetitive manner. (b) (1) No person shall make or cause to be made a telecommunication, or permit a telecommunication to be made from a telecommunications device under the person’s control, with purpose to abuse, threaten, or harass another person. (2) No person shall knowingly post a text or audio statement or an image on an internet web site or web page for the purpose of abusing, threatening, or harassing another person. (c) (1) Whoever violates this section is guilty of telecommunication harassment. (2) A violation of subsections (a)(1), (2), (3), (5), (6), (7), (8), (9), (10), or (11) or (b) hereof is a misdemeanor of the first degree on a first offense. Each subsequent offense is a felony and shall be prosecuted under appropriate State law. (3) Whoever violates subsection (a)(4) hereof is guilty of a misdemeanor of the first degree for a first offense. For each subsequent offense or if a violation of subsection (a)(4) hereof results in economic harm of one thousand dollars ($1,000) or more, a violation of subsection (a)(4) hereof is a felony and shall be prosecuted under appropriate State law. (d) No cause of action may be asserted in any court of this State against any provider of a telecommunications service, interactive computer service as defined in Section 230 of Title 47 of the United States Code, or information service, or against any officer, employee, or agent of a telecommunication service, interactive computer service as defined in Section 230 of Title 47 of the United States Code, or information service, for any injury, death, or loss to person or property that allegedly arises out of the provider’s, officer’s, employee’s, or agent’s provision of information, facilities, or assistance in accordance with the terms of a court order that is issued in relation to the investigation or prosecution of an alleged violation of this section. A provider of a telecommunications service, interactive computer service as defined in Section 230 of Title 47 of the United States Code, or information service, or an officer, employee, or agent of a telecommunications service, interactive computer service as defined in Section 230 of Title 47 of the United States Code, of information service, is immune from any civil or criminal liability for injury, death, or loss to person or property that allegedly arises out of the provider’s, officer’s, employee’s, or agent’s provision of information, facilities, or assistance in accordance with the terms of a court order that is issued in relation to the investigation or prosecution of an alleged violation of this section. (e) (1) This section does not apply to a person solely because the person provided access or connection to or from an electronic method of remotely transferring information not under that person’s control, including having provided capabilities that are incidental to providing access or connection to or from the electronic method of remotely transferring the information, and that do not include the creation of the content of the material that is the subject of the access or connection. In addition, any person providing access or connection to or from an electric method of remotely transferring information not under that person’s control shall not be liable for any action voluntarily taken in good faith to block the receipt or transmission through its service of any information that the person believes is, or will be sent, in violation of this section. (2) Subsection (e)(1) of this section does not create an affirmative duty for any person providing access or connection to or from an electronic method of remotely transferring information not under that person’s control to block the receipt or transmission through its service of any information that it believes is, or will be sent, in violation of this section except as otherwise provided by law. (3) Subsection (e)(1) of this section does not apply to a person who conspires with a person actively involved in the creation or knowing distribution of material in violation of this section or who knowingly advertises the availability of material of that nature. (4) A provider or user of an interactive computer service, as defined in Section 230 of Title 47 of the United States Code, shall neither be treated as the publisher or speaker of any information provided by another information content provider, as defined in Section 230 of Title 47 of the United States Code, nor held civilly or criminally liable for the creation or development of information provided by another information content provider, as defined in Section 230 of Title 47 of the United States Code. Nothing in this subsection shall be construed to protect a person from liability to the extent that the person developed or created any content in violation of this section. (f) Subsections (a)(5) to (11) and (b)(2) of this section do not apply to a person who, while employed or contracted by a newspaper, magazine, press association, news agency, news wire service, cable channel or cable operator, or radio or television station, is gathering, processing, transmitting, compiling, editing or disseminating information for the general public, within the scope of the person’s employment in that capacity or the person’s contractual authority in that capacity. (g) As used in this section: (1) “Economic harm” means all direct, incidental, and consequential pecuniary harm suffered by a victim as a result of criminal conduct. “Economic harm” includes, but is not limited to, all of the following: A. All wages, salaries, or other compensation lost as a result of the criminal conduct; B. The cost of all wages, salaries or other compensation paid to employees for time those employees are prevented from working as a result of the criminal conduct; C. The overhead costs incurred for the time that a business is shut down as a result of the criminal conduct; D. The loss of value to tangible or intangible property that was damaged as a result of the criminal conduct. (2) “Caller” means the person described in subsection (a) hereof who makes or causes to be made a telecommunication or who permits a telecommunication to be made from a telecommunications device under that person’s control. (3) “Telecommunication” and “telecommunications device” have the same meanings as in Ohio R.C. 2913.01. (4) “Sexual activity” has the same meaning as in Ohio R.C. 2907.01. (5) “Family or household member” means any of the following: A. Any of the following who is residing or has resided with the recipient of the telecommunication against whom the act prohibited in subsection (a)(9) of this section is committed: 1. A spouse, a person living as a spouse, or a former spouse of the recipient; 2. A parent, a foster parent, or a child of the recipient, or another person related by consanguinity or affinity to the recipient; 3.. A parent or a child of a spouse, person living as a spouse, or former spouse of the recipient, or anther person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of the recipient. B. The natural parent of any child of whom the recipient of the telecommunication against whom the act prohibited in subsection (a)(9) of this section is committed is the other natural parent or is the putative other natural parent. (6) “Person living as a spouse” means a person who is living or has lived with the recipient of the telecommunication against whom the act prohibited in subsection (a)(9) of this section is committed in a common law marital relationship, who otherwise is cohabiting with the recipient, or who otherwise has cohabited with the recipient within five years prior to the date of the alleged commission of the act in question. (7) “Cable operator” has the same meaning as in Ohio R.C. 1332.21. (h) Nothing in this section prohibits a person from making a telecommunication call to a debtor that is in compliance with the “Fair Debt Collection Practices Act”, 91 Stat. 874 (1977), 15 U.S.C. 1692, as amended, or the “Telephone Consumer Protection Act”, 105 Stat. 2395 (1991), 47 U.S.C. 227, as amended. (ORC 2917.21) 537.11 THREATENING OR HARASSING TELEPHONE CALLS. (EDITOR’S NOTE: Former Ohio R.C. 4931.31 from which Section 537.11 was derived was repealed by Senate Bill 162, effective September 13, 2010. See now Section 537.10 “Telecommunication Harassment”.) 537.12 MISUSE OF 9-1-1 SYSTEM. (a) “9-1-1 system” means a system through which individuals can request emergency service using the access number 9-1-1. (ORC 128.01(A)) (b) No person shall knowingly use the telephone number of the 9-1-1 system established under Ohio R.C. Chapter 128 to report an emergency if he knows that no emergency exists. (c) No person shall knowingly use a 9-1-1 system for a purpose other than obtaining emergency service. (d) No person shall disclose or use any information concerning telephone numbers, addresses, or names obtained from the data base that serves the public safety answering point of a 9-1-1 system established under Ohio R.C. Chapter 128, except for any of the following purposes or under any of the following circumstances: (1) For the purpose of the 9-1-1 system; (2) For the purpose of responding to an emergency call to an emergency service provider; (3) In the circumstance of the inadvertent disclosure of such information due solely to technology of the wireline telephone network portion of the 9-1-1 system not allowing access to the data base to be restricted to 9-1-1 specific answering lines at a public safety answering point; (4) In the circumstance of access to a data base being given by a telephone company that is a wireline service provider to a public utility or municipal utility in handling customer calls in times of public emergency or service outages. The charge, terms, and conditions for the disclosure or use of such information for the purpose of such access to a data base shall be subject to the jurisdiction of the steering committee. (5) In the circumstance of access to a data base given by a telephone company that is a wireline service provider to a state and local government in warning of a public emergency, as determined by the steering committee. The charge, terms, and conditions for the disclosure or use of that information for the purpose of access to a data base is subject to the jurisdiction of the steering committee. (ORC 128.32) (e) (1) Whoever violates subsection (b) hereof is guilty of a misdemeanor of the fourth degree. (2) Whoever violates subsection (c) or (d) hereof is guilty of a misdemeanor of the fourth degree on a first offense. For each subsequent offense such person is guilty of a felony and shall be prosecuted under appropriate State law. (ORC 128.99) 537.13 ADULTERATING OF OR FURNISHING ADULTERATED FOOD OR CONFECTION. (a) No person shall do either of the following, knowingly or having reasonable cause to believe that any person may suffer physical harm or be seriously inconvenienced or annoyed thereby: (1) Place a pin, needle, razor blade, glass, laxative, drug of abuse, or other harmful or hazardous object or substance in any food or confection; (2) Furnish to any person any food or confection which has been adulterated in violation of subsection (a)(1) hereof. (ORC 3716.11) (b) Whoever violates this section is guilty of a misdemeanor of the first degree. (ORC 3716.99(C)) 537.14 DOMESTIC VIOLENCE. (a) No person shall knowingly cause or attempt to cause physical harm to a family or household member. (b) No person shall recklessly cause serious physical harm to a family or household member. (c) No person, by threat of force, shall knowingly cause a family or household member to believe that the offender will cause imminent physical harm to the family or household member. (d) (1) Whoever violates this section is guilty of domestic violence. (2) Except as otherwise provided in subsection (d)(3) to (5) of this section, a violation of subsection (c) of this section is a misdemeanor of the fourth degree, and a violation of subsection (a) or (b) of this section is a misdemeanor of the first degree. (3) Except as otherwise provided in subsection (d)(4) of this section, if the offender previously has pleaded guilty to or been convicted of domestic violence, a violation of an existing or former municipal ordinance or law of this or any other state or the United States that is substantially similar to domestic violence, a violation of Ohio R.C. 2903.14, 2909.06, 2909.07, 2911.12, 2911.211, or 2919.22 if the victim of the violation was a family or household member at the time of the violation, a violation of an existing or former municipal ordinance or law of this or any other state or the United States that is substantially similar to any of those sections if the victim of the violation was a family or household member at the time of the commission of the violation, or any offense of violence if the victim of the offense was a family or household member at the time of the commission of the offense, a violation of subsection (a) or (b) of this section is a felony and shall be prosecuted under appropriate state law, and a violation of subsection (c) of this section is a misdemeanor of the second degree. (4) If the offender previously has pleaded guilty to or been convicted of two or more offenses of domestic violence or two or more violations or offenses of the type described in subsection (d)(3) of this section involving a person who was a family or household member at the time of the violations or offenses, a violation of subsection (a) or (b) of this section is a felony to be prosecuted under appropriate state law. A violation of subsection (c) of this section is a misdemeanor of the first degree. If the offender previously has pleaded guilty to or been convicted of two or more offenses of domestic violence or two or more violations or offenses of the type described in subsection (d)(3) of this section involving a person who was a family or household member at the time of the violations or offenses, and the offender knew that the victim of the violation was pregnant at the time of the violation, a violation of subsection (a) or (b) of this section is a felony to be prosecuted under appropriate state law. (5) Except as otherwise provided in subsection (d)(3) or (4) of this section, if the offender knew that the victim of the violation was pregnant at the time of the violation, a violation of subsection (a) or (b) of this section is a felony and shall be prosecuted under appropriate State law, and a violation of subsection (c) of this section is a misdemeanor of the third degree. (e) Notwithstanding any provision of law to the contrary, no court or unit of local government shall charge any fee, cost, deposit, or money in connection with the filing of charges against a person alleging that the person violated this section or in connection with the prosecution of any charges so filed. (f) As used in this section: (1) "Family or household member" means any of the following: A. Any of the following who is residing or has resided with the offender: 1. A spouse, a person living as a spouse or a former spouse of the offender; 2. A parent, a foster parent or a child of the offender, or another person related by consanguinity or affinity to the offender; 3. A parent, or a child of a spouse, person living as a spouse, or former spouse of the offender; or another person related by consanguinity or affinity to a spouse, person living as a spouse or former spouse of the offender. B. The natural parent of any child of whom the offender is the other natural parent or is the putative other natural parent. (2) "Person living as a spouse" means a person who is living or has lived with the offender in a common law marital relationship, who otherwise is cohabiting with the offender, or who otherwise has cohabited with the offender within five years prior to the date of the alleged commission of the act in question. (ORC 2919.25) (g) The same relief available under the Ohio Revised Code for filing a complaint for violation of Ohio R.C. 2919.25 shall be available for filing a complaint for violation of this section. 537.15 ANNOYING BUILDING OCCUPANTS. (a) No person, without proper occasion, shall disturb or annoy the occupants of any dwelling, building, store or other place by knocking on the door, gate or window of such structure, or by ringing the doorbell attached thereto. (Ord. 63-71. Passed 9-14-71.) (b) Whoever violates this section is guilty of a misdemeanor of the fourth degree. 537.16 MOLESTING OR INSULTING PERSONS. (a) No person shall, unreasonably and without lawful purpose, follow, pursue, lay hands on or otherwise molest or insult any other person. (b) Whoever violates this section is guilty of a misdemeanor of the fourth degree. 537.17 TEMPORARY PROTECTION ORDER. (a) No person shall recklessly violate the terms of any of the following: (1) A protection order issued or consent agreement approved pursuant to Ohio R.C. 2919.26 or 3113.31; (2) A protection order issued pursuant to Ohio R.C. 2151.34, 2903.213 or 2903.214; (3) A protection order issued by a court of another state. (b) (1) Whoever violates this section is guilty of violating a protection order. (2) Except as otherwise provided in subsection (b)(3) of this section, violating a protection order is a misdemeanor of the first degree. (3) Violating a protection order is a felony and shall be prosecuted under State law if the offender previously has been convicted of, pleaded guilty to, or been adjudicated a delinquent child for any of the following: A. A violation of a protection order issued or consent agreement approved pursuant to Ohio R.C. 2151.34, 2903.213, 2903.214, 2919.26, or 3113.31; B. Two or more violations of Ohio R.C. 2903.21, 2903.211, 2903.22, or 2911.211 or any combination of those offenses that involved the same person who is the subject of the protection order or consent agreement; C. One or more violations of this section. (4) If the offender violates a protection order or consent agreement while committing a felony offense, violating a protection order is a felony and shall be prosecuted under appropriate state law. (5) If the protection order violated by the offender was an order issued pursuant to Ohio R.C. 2151.34 or 2903.214 that required electronic monitoring of the offender pursuant to that section, the court may require in addition to any other sentence imposed upon the offender that the offender be electronically monitored for a period not exceeding five years by a law enforcement agency designated by the court. If the court requires under this subsection that the offender be electronically monitored, unless the court determines that the offender is indigent, the court shall order that the offender pay the costs of the installation of the electronic monitoring device and the cost of monitoring the electronic monitoring device. (c) It is an affirmative defense to a charge under subsection (a)(3) of this section that the protection order issued by a court of another state does not comply with the requirements specified in 18 U.S.C. 2265(b) for a protection order that must be accorded full faith and credit by a court of this State or that it is not entitled to full faith and credit under 18 U.S.C. 2265(c). (d) In a prosecution for a violation of this section, it is not necessary for the prosecution to prove that the protection order or consent agreement was served on the defendant if the prosecution proves that the defendant was shown the protection order or consent agreement or a copy of either or a judge, magistrate, or law enforcement officer informed the defendant that a protection order or consent agreement had been issued, and proves that the defendant recklessly violated the terms of the order or agreement. (e) As used in this section, “protection order issued by a court of another state” means an injunction or another order issued by a criminal court of another state for the purpose of preventing violent or threatening acts or harassment against, contact or communication with, or physical proximity to another person, including a temporary order, and means an injunction or order of that nature issued by a civil court of another state, including a temporary order and a final order issued in an independent action or as a pendente lite order in a proceeding for other relief, if the court issued it in response to a complaint, petition or motion filed by or on behalf of a person seeking protection. “Protection order issued by a court of another state” does not include an order for support or for custody of a child. (ORC 2919.27) 537.18 ILLEGAL DISTRIBUTION OF CIGARETTES, OTHER TOBACCO PRODUCTS, OR ALTERNATE NICOTINE PRODUCTS; TRANSACTION SCANS. (a) Illegal Distribution of Cigarettes, Other Tobacco Products, or Alternative Nicotine Products. (1) As used in this section: A. “Age verification.” A service provided by an independent third party (other than a manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes) that compares information available from a commercially available database, or aggregate of databases, that regularly are used by government and businesses for the purpose of age and identity verification to personal information provided during an internet sale or other remote method of sale to establish that the purchaser is twenty-one years of age or older. B. “Alternative nicotine product.” 1. Subject to subsection (a)(1)B.2. of this section, an electronic smoking device, vapor product, or any other product or device that consists of or contains nicotine that can be ingested into the body by any means, including, but not limited to, chewing, smoking, absorbing, dissolving, or inhaling. 2. The phrase does not include any of the following: a. Any cigarette or other tobacco product; b. Any product that is a “drug” as that term is defined in 21 U.S.C. 321(g)(1); c. Any product that is a “device” as that term is defined in 21 U.S.C. 321(h); d. Any product that is a “combination product” as described in 21 U.S.C. 353(g). C. “Cigarette.” Includes clove cigarettes and hand-rolled cigarettes. D. “Distribute.” Means to furnish, give, or provide cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to the ultimate consumer of the cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes. E. “Electronic smoking device.” Means any device that can be used to deliver aerosolized or vaporized nicotine or any other substance to the person inhaling from the device including an electronic cigarette, electronic cigar, electronic hookah, vaping pen, or electronic pipe. The phrase includes any component, part, or accessory of such a device, whether or not sold separately, and includes any substance intended to be aerosolized or vaporized during the use of the device. The phrase does not include any product that is a drug, device, or combination product, as those terms are defined or described in 21 U.S.C. 321 and 353(g). F. “Proof of age.” Means a driver’s license, a commercial driver’s license, a military identification card, a passport, or an identification card issued under Ohio R.C. 4507.50 to 4507.52 that shows that a person is twenty-one years of age or older. G. “Tobacco product.” Means any product that is made or derived from tobacco or that contains any form of nicotine, if it is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled, or ingested by any other means, including, but not limited to, a cigarette, an electronic smoking device, a cigar, pipe tobacco, chewing tobacco, snuff, or snus. The phrase also means any component or accessory used in the consumption of a tobacco product, such as filters, rolling papers, pipes, blunt or hemp wraps, and liquids used in electronic smoking devices, whether or not they contain nicotine. The phrase does not include any product that is a drug, device, or combination product, as those terms are defined or described in 21 U.S.C. 321 and 353(g). H. “Vapor product.” Means a product, other than a cigarette or other tobacco product as defined in Ohio R.C. Chapter 5743, that contains or is made or derived from nicotine and that is intended and marketed for human consumption, including by smoking, inhaling, snorting, or sniffing. The phrase includes any component, part, or additive that is intended for use in an electronic smoking device, a mechanical heating element, battery, or electronic circuit and is used to deliver the product. The phrase does not include any product that is a drug, device, or combination product, as those terms are defined or described in 21 U.S.C. 321 and 353(g). The phrase includes any product containing nicotine, regardless of concentration. I. “Vending machine.” Has the same meaning as “coin machine” in Ohio R.C. 2913.01. (2) No manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes, no agent, employee, or representative of a manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes, and no other person shall do any of the following: A. Give, sell, or otherwise distribute cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes: 1. To any person under twenty-one years of age; or 2. Without first verifying proof of age. B. Give away, sell, or distribute cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes in any place that does not have posted in a conspicuous place a legibly printed sign in letters at least one-half inch high stating that giving, selling, or otherwise distributing cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to a person under twenty-one years of age is prohibited by law; C. Knowingly furnish any false information regarding the name, age, or other identification of any person under twenty-one years of age with purpose to obtain cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes for that person; D. Manufacture, sell, or distribute in this state any pack or other container of cigarettes containing fewer than twenty cigarettes or any package of roll-your-own tobacco containing less than six-tenths of one ounce of tobacco; E. Sell cigarettes or alternative nicotine products in a smaller quantity than that placed in the pack or other container by the manufacturer; F. Give, sell, or otherwise distribute alternative nicotine products, papers used to roll cigarettes, or tobacco products other than cigarettes over the internet or through another remote method without age verification. G. Allow an employee under eighteen years of age to sell any tobacco product; H. Give away or otherwise distribute free samples of cigarettes, other tobacco products, alternative nicotine products, or coupons redeemable for cigarettes, other tobacco products or alternative tobacco products. (3) No person shall sell or offer to sell cigarettes, other tobacco products, or alternative nicotine products by or from a vending machine, except in the following locations: A. An area within a factory, business, office, or other place not open to the general public; B. An area to which persons under twenty-one years of age are not generally permitted access; C. Any other place not identified in subsection (a)(3)A. or B. of this section, upon all of the following conditions: 1. The vending machine is located within the immediate vicinity, plain view, and control of the person who owns or operates the place, or an employee of that person, so that all cigarettes, other tobacco product, and alternative nicotine product purchases from the vending machine will be readily observed by the person who owns or operates the place or an employee of that person. For the purpose of this section, a vending machine located in any unmonitored area, including an unmonitored coatroom, restroom, hallway, or outer waiting area, shall not be considered located within the immediate vicinity, plain view, and control of the person who owns or operates the place, or an employee of that person. 2. The vending machine is inaccessible to the public when the place is closed. 3\. A clearly visible notice is posted in the area where the vending machine is located that states the following in letters that are legibly printed and at least one-half inch high: “It is illegal for any person under the age of twenty-one to purchase tobacco or alternative nicotine products.” (4) The following are affirmative defenses to a charge under subsection (a)(2)A. of this section: A. The person under twenty-one years of age was accompanied by a parent, spouse who is twenty-one years of age or older, or legal guardian of the person under twenty-one years of age. B. The person who gave, sold, or distributed cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to a person under twenty-one years of age under subsection (a)(2)A. of this section is a parent, spouse who is twenty-one years of age or older, or legal guardian of the person under twenty-one years of age. (5) A. It is not a violation of subsection (a)(2)A. or B. of this section for a person to give or otherwise distribute to a person under twenty-one years of age cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes while the person under twenty-one years of age is participating in a research protocol if all of the following apply: 1. The parent, guardian, or legal custodian of the person under twenty-one years of age has consented in writing to the person under twenty-one years of age participating in the research protocol. 2. An institutional human subjects protection review board, or an equivalent entity, has approved the research protocol. 3. The person under twenty-one years of age is participating in the research protocol at the facility or location specified in the research protocol. B. It is not a violation of subsection (a)(2)A. or B. of this section for an employer to permit an employee eighteen, nineteen or twenty years of age to sell a tobacco product. (6) A. No delivery service shall accept from, transport or deliver to, or allow pick-up by, a person under twenty-one years of age with respect to any of the following: 1. Alternative nicotine products; 2. Papers used to roll cigarettes; 3. Tobacco products other than cigarettes. B. A delivery service shall require proof of age as a condition of accepting, transporting, delivering, or allowing pickup of the items described in subsections (a)(6)A1. to 3. of this section. (7) Whoever violates subsections (a)(2)A., B., D., E., F., G., H., (3) or (6) of this section is guilty of illegal distribution of cigarettes, other tobacco products, or alternative nicotine products. Except as otherwise provided in this division, illegal distribution of cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the fourth degree. If the offender previously has been convicted of or pleaded guilty to illegal distribution of cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the third degree. (8) A. Notwithstanding Ohio R.C. 2929.28(A)(2), if an offender is convicted of or pleads guilty to a violation of subsection (a)(2)A. of this section, the court shall impose a fine in the following amount: 1. Except as otherwise provided in subsections (a)(8)A.2., (a)(8)A.3., (a)(8)A.4., and (a)(8)A.5. of this section, not more than two hundred fifty dollars ($250.00); 2. Except as otherwise provided in subsections (a)(8)A.3., (a)(8)A.4., and (a)(8)A.5. of this section, if an offender has previously been convicted of or pleaded guilty to a violation of subsection (a)(2)A. of this section or a substantially equivalent state law or municipal ordinance, not more than five hundred dollars ($500.00); 3. Except as otherwise provided in subsections (a)(8)A.4. and (a)(8)A.5. of this section, if an offender previously has been convicted of or pleaded guilty to two or more violations of subsection (a)(2)A. of this section or a substantially equivalent state law or municipal ordinance, five hundred dollars ($500.00); 4. Except as otherwise provided in subsection (a)(8)A.5. of this section, if an offender previously has been convicted of or pleaded guilty to three or more violations of subsection (a)(2)A. of this section or a substantially equivalent state law or municipal ordinance, one thousand dollars ($1,000.00); 5. If an offender previously has been convicted of or pleaded guilty to four or more violations of subsection (a)(2)A. of this section or a substantially equivalent state law or municipal ordinance, one thousand five hundred dollars ($1,500), B. The financial sanctions required by subsection (a)(8)A. of this section are in lieu of the financial sanctions described in Ohio R.C. 2929.28(A)(2), but are in addition to any other sanctions or penalties that may apply to the offender, including other financial sanctions under that section or a jail term under Ohio R.C. 2929.24. (9) Whoever violates subsection (a)(2)C. of this section is guilty of permitting a person under twenty-one years of age to use cigarettes, other tobacco products, or alternative nicotine products. Except as otherwise provided in this division, permitting a person under twenty-one years of age to use cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the fourth degree. If the offender previously has been convicted of a violation of subsection (a)(2)C. of this section or a substantially equivalent state law or municipal ordinance, permitting a person under twenty-one years of age to use cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the third degree. (10) Any cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes that are given, sold, or otherwise distributed to a person under twenty-one years of age in violation of this section and that are used, possessed, purchased, or received by a person under twenty-one years of age in violation of Ohio R.C. 2151.87 are subject to seizure and forfeiture as contraband under Ohio R.C. Chapter 2981. (ORC 2927.02) (b) Transaction Scan. (1) For the purpose of this subsection (b) and subsection (c) of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. A. “Card holder.” Any person who presents a driver’s or commercial driver’s license or an identification card to a seller, or an agent or employee of a seller, to purchase or receive cigarettes, other tobacco products, or alternative nicotine products from a seller, agent or employee. B. “Identification card.” An identification card issued under Ohio R.C. 4507.50 to 4507.52. C. “Seller.” A seller of cigarettes, other tobacco products, or alternative nicotine products and includes any person whose gift of or other distribution of cigarettes, other tobacco products, or alternative nicotine products is subject to the prohibitions of subsection (a) of this section. D. “Transaction scan.” The process by which a seller or an agent or employee of a seller checks, by means of a transaction scan device, the validity of a driver’s or commercial driver’s license or an identification card that is presented as a condition for purchasing or receiving cigarettes, other tobacco products, or alternative nicotine products. E. “Transaction scan device.” Any commercial device or combination of devices used at a point of sale that is capable of deciphering in an electronically readable format the information encoded on the magnetic strip or bar code of a driver’s or commercial driver’s license or an identification card. (2) A. A seller or an agent or employee of a seller may perform a transaction scan by means of a transaction scan device to check the validity of a driver’s or commercial driver’s license or identification card presented by a card holder as a condition for selling, giving away or otherwise distributing to the card holder cigarettes, other tobacco products, or alternative nicotine products. B. If the information deciphered by the transaction scan performed under subsection (b)(2)A. of this section fails to match the information printed on the driver’s or commercial driver’s license or identification card presented by the card holder, or if the transaction scan indicates that the information so printed is false or fraudulent, neither the seller nor any agent or employee of the seller shall sell, give away or otherwise distribute any cigarettes, other tobacco products, or alternative nicotine products to the card holder. C. Subsection (b)(2)A. of this section does not preclude a seller or an agent or employee of a seller from using a transaction scan device to check the validity of a document other than a driver’s or commercial driver’s license or identification card, if the document includes a bar code or magnetic strip that may be scanned by the device, as a condition for selling, giving away or otherwise distributing cigarettes, other tobacco products, or alternative nicotine products to the person presenting the document. (3) Rules adopted by the Registrar of Motor Vehicles under Ohio R.C. 4301.61(C) apply to the use of transaction scan devices for purposes of this subsection (b) and subsection (c) of this section. (4) A. No seller or agent or employee of a seller shall electronically or mechanically record or maintain any information derived from a transaction scan, except for the following: 1. The name and date of birth of the person listed on the driver’s or commercial driver’s license or identification card presented by the card holder; 2. The expiration date and identification number of the driver’s or commercial driver’s license or identification card presented by the card holder. B. No seller or agent or employee of a seller shall use the information that is derived from a transaction scan or that is permitted to be recorded and maintained under subsection (b)(4)A. of this section, except for purposes of subsection (c) of this section. C. No seller or agent or employee of a seller shall use a transaction scan device for a purpose other than the purpose specified in subsection (c)(2)A. of this section. D. No seller or agent or employee of a seller shall sell or otherwise disseminate the information derived from a transaction scan to any third party, including but not limited to selling or otherwise disseminating that information for any marketing, advertising or promotional activities, but a seller or agent or employee of a seller may release that information pursuant to a court order or as specifically authorized by subsection (c) of this section or another section of these Codified Ordinances or the Ohio Revised Code. (5) Nothing in this subsection (b) or subsection (c) of this section relieves a seller or an agent or employee of a seller of any responsibility to comply with any other applicable local, state or federal laws or rules governing the sale, giving away or other distribution of cigarettes, other tobacco products, or alternative nicotine products. (6) Whoever violates subsection (b)(2)B. or (b)(4) of this section is guilty of engaging in an illegal tobacco product or alternative nicotine product transaction scan, and the court may impose upon the offender a civil penalty of up to one thousand dollars ($1,000) for each violation. The Clerk of the Court shall pay each collected civil penalty to the County Treasurer for deposit into the County Treasury. (ORC 2927.021) (c) Affirmative Defenses. (1) A seller or an agent or employee of a seller may not be found guilty of a charge of a violation of subsection (a) of this section in which the age of the purchaser or other recipient of cigarettes, other tobacco products, or alternative nicotine products is an element of the alleged violation, if the seller, agent or employee raises and proves as an affirmative defense that all of the following occurred: A. A card holder attempting to purchase or receive cigarettes, other tobacco products, or alternative nicotine products presented a driver’s or commercial driver’s license or an identification card. B. A transaction scan of the driver’s or commercial driver’s license or identification card that the card holder presented indicated that the license or card was valid. C. The cigarettes, other tobacco products, or alternative nicotine products were sold, given away or otherwise distributed to the card holder in reasonable reliance upon the identification presented and the completed transaction scan. (2) In determining whether a seller or an agent or employee of a seller has proven the affirmative defense provided by subsection (c)(1) of this section, the trier of fact in the action for the alleged violation of subsection (a) of this section shall consider any written policy that the seller has adopted and implemented and that is intended to prevent violations of subsection (a) of this section. For purposes of subsection (c)(1)C. of this section, the trier of fact shall consider that reasonable reliance upon the identification presented and the completed transaction scan may require a seller or an agent or employee of a seller to exercise reasonable diligence to determine, and that the use of a transaction scan device does not excuse a seller or an agent or employee of a seller from exercising reasonable diligence to determine, the following: A. Whether a person to whom the seller or agent or employee of a seller sells, gives away or otherwise distributes cigarettes, other tobacco products, or alternative nicotine products is twenty-one years of age or older; B. Whether the description and picture appearing on the driver’s or commercial driver’s license or identification card presented by a card holder is that of the card holder. (3) In any criminal action in which the affirmative defense provided by subsection (c)(1) of this section is raised, the Registrar of Motor Vehicles or a Deputy Registrar who issued an identification card under Ohio R.C. 4507.50 to 4507.52 shall be permitted to submit certified copies of the records of that issuance in lieu of the testimony of the personnel of or contractors with the Bureau of Motor Vehicles in the action. (ORC 2927.022) (d) Shipment of Tobacco Products. (1) As used in this subsection (d): A. “Authorized recipient of tobacco products” means: 1. In the case of cigarettes, a person who is: a. Licensed as a cigarette wholesale dealer under Ohio R.C. 5743.15; b. Licensed as a retail dealer as long as the person purchases cigarettes with the appropriate tax stamp affixed; c. An export warehouse proprietor as defined in Internal Revenue Code Section 5702; d. An operator of a customs bonded warehouse under 19 U.S.C. Section 1311 or 19 U.S.C. Section 1555; e. An officer, employee, or agent of the federal government or of this state acting in the person's official capacity; f. A department, agency, instrumentality, or political subdivision of the federal government or of this state; g. A person having a consent for consumer shipment issued by the Ohio Tax Commissioner under Ohio R.C. 5743.71. 2. In the case of electronic smoking devices or vapor products, a person who is: a. Licensed as a distributor of tobacco or vapor products under Ohio R.C. 5743.61; b. A retail dealer of vapor products, as defined in Ohio R.C. 5741.01(C)(3), that is not licensed as a vapor distributor, as long as the tax levied by Ohio R.C. 5743.51, 5743.62, or 5743.63, as applicable, has been paid; c. An operator of a customs bonded warehouse under 19 U.S.C. Section 1311 or 19 U.S.C. Section 1555; d. An officer, employee, or agent of the federal government or of this state acting in the person's official capacity; e. A department, agency, instrumentality, or political subdivision of the federal government or of this state. B. “Motor Carrier,” Has the same meaning as in Ohio R.C. 4923.01. (2) The purpose of this section is to prevent the sale of cigarettes, electronic smoking devices, and vapor products to minors and to ensure compliance with the Master Settlement Agreement, as defined in Ohio R.C. 1346.01. (3) A. No person shall cause to be shipped any cigarettes, electronic smoking devices, and vapor products to any person in this municipality other than an authorized recipient of tobacco products. B. No motor carrier, or other person shall knowingly transport cigarettes, electronic smoking devices, and vapor products to any person in this municipality that the carrier or other person reasonably believes is not an authorized recipient of tobacco products. If cigarettes, electronic smoking devices, and vapor products are transported to a home or residence, it shall be presumed that the motor carrier, or other person knew that the person to whom the cigarettes, electronic smoking devices, and vapor products were delivered was not an authorized recipient of tobacco products. (4) No person engaged in the business of selling cigarettes, electronic smoking devices, and vapor products who ships or causes to be shipped cigarettes, electronic smoking devices, and vapor products to any person in this municipality in any container or wrapping other than the original container or wrapping shall fail to plainly and visibly mark the exterior of the container or wrapping in which the cigarettes, electronic smoking devices, and vapor products are shipped with the words ”cigarettes”, ”electronic smoking devices”, or “vapor products”, as applicable. (5) A court shall impose a fine of up to one thousand dollars ($1,000) for each violation of subsection (d)(3)A., (d)(3)B. or (d)(4) of this section. (ORC 2927.023) (e) Furnishing False Information to Obtain Tobacco Products. (1) No person who is eighteen years of age or older but younger than twenty-one years of age shall knowingly furnish false information concerning that person’s name, age, or other identification for the purpose of obtaining tobacco products. (2) Whoever violates subsection (e)(1) of this section is guilty of furnishing false information to obtain tobacco products. Except as otherwise provided in this division, furnishing false information to obtain tobacco products is a misdemeanor of the fourth degree. If the offender previously has been convicted of or pleaded guilty to a violation of subsection (e)(1) of this section or a substantially equivalent state law or municipal ordinance, furnishing false information to obtain tobacco products is a misdemeanor of the third degree. (ORC 2927.024) Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588. Hosted by: American Legal Publishing Back to Code Library Previous Doc Next Doc 0 items available --- ## Detected legislative history - Ordinances of Sheffield Lake, OH - ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO - ORDINANCE NO. 116-84 - ORDINANCES OF SHEFFIELD LAKE - orderly Conduct and Peace Disturbance - ORDER - ordance with the terms of a court order that is issued in relation to the investigation or prosecution of an alleged violation of this section - amended, or the “Telephone Consumer Protection Act”, 105 Stat - amended - repealed by Senate Bill 162, effective September 13, 2010 - ordinance or law of this or any other state or the United States that is substantially similar to domestic violence, a violation of Ohio R - ordinance or law of this or any other state or the United States that is substantially similar to any of those sections if the victim of the violation was a family or household member at the - Ord. 63-71 - order issued or consent agreement approved pursuant to Ohio R - order issued pursuant to Ohio R - order issued by a court of another state - order - order is a misdemeanor of the first degree - order is a felony and shall be prosecuted under State law if the offender previously has been convicted of, pleaded guilty to, or been adjudicated a delinquent child for any of the fo - order or consent agreement; - order or consent agreement while committing a felony offense, violating a protection order is a felony and shall be prosecuted under appropriate state law - order violated by the offender was an order issued pursuant to Ohio R - order that the offender pay the costs of the installation of the electronic monitoring device and the cost of monitoring the electronic monitoring device - order issued by a court of another state does not comply with the requirements specified in 18 U - order that must be accorded full faith and credit by a court of this State or that it is not entitled to full faith and credit under 18 U - order or consent agreement was served on the defendant if the prosecution proves that the defendant was shown the protection order or consent agreement or a copy of either or a judge, - order or consent agreement had been issued, and proves that the defendant recklessly violated the terms of the order or agreement - order issued by a court of another state” means an injunction or another order issued by a criminal court of another state for the purpose of preventing violent or threatening acts or - order, and means an injunction or order of that nature issued by a civil court of another state, including a temporary order and a final order issued in an independent action or as a - order in a proceeding for other relief, if the court issued it in response to a complaint, petition or motion filed by or on behalf of a person seeking protection - order issued by a court of another state” does not include an order for support or for custody of a child - ordinance, not more than five hundred dollars ($500 - ordinance, five hundred dollars ($500 - ordinance, one thousand dollars ($1,000 - ordinance, one thousand five hundred dollars ($1,500), - ordinance, permitting a person under twenty-one years of age to use cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the third degree - adopted by the Registrar of Motor Vehicles under Ohio R - ord or maintain any information derived from a transaction scan, except for the following: - orded and maintained under subsection (b)(4)A - order or as specifically authorized by subsection (c) of this section or another section of these Codified Ordinances or the Ohio Revised Code - adopted and implemented and that is intended to prevent violations of subsection (a) of this section - ords of that issuance in lieu of the testimony of the personnel of or contractors with the Bureau of Motor Vehicles in the action - ords ”cigarettes”, ”electronic smoking devices”, or “vapor products”, as applicable - ordinance, furnishing false information to obtain tobacco products is a misdemeanor of the third degree - Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality - Ordinances should be consulted prior to any action being taken - Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588 --- *Imported automatically by MunicipalWiki. The original publisher remains the authoritative source pending legal normalization and verification.* # 537.15 ANNOYING BUILDING OCCUPANTS. # 537.15 ANNOYING BUILDING OCCUPANTS.
Document typesection
Identifier537.15
Citation§ 537.15
Ordinances detectedS, 116-84, ER, OR, 63-71, INANCE
Original source[American Legal Publishing](https://codelibrary.amlegal.com/codes/sheffieldlake/latest/sheffieldlake_oh/0-0-0-11886)
Content hash`9fddede422c269f44461034de8610da08860a1b64e62548d83cb9386f4d27449`
--- Skip to main content Search Sitemap Login Select Language Resources Skip to code content (skip section selection) 2025-04 (current) Sheffield Lake Overview Codified Ordinances of Sheffield Lake, OH CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO CERTIFICATION ROSTER OF OFFICIALS ADOPTING ORDINANCE NO. 116-84 COMPARATIVE SECTION TABLE TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE CHARTER PART ONE - ADMINISTRATIVE CODE PART THREE - TRAFFIC CODE PART FIVE - GENERAL OFFENSES CODE CHAPTER 501 General Provisions and Penalty CHAPTER 505 Animals and Fowl CHAPTER 509 Disorderly Conduct and Peace Disturbance CHAPTER 513 Drug Abuse Control CHAPTER 517 Gambling CHAPTER 521 Health, Safety and Sanitation CHAPTER 525 Law Enforcement and Public Office CHAPTER 529 Liquor Control CHAPTER 531 Noise Control CHAPTER 533 Obscenity and Sex Offenses CHAPTER 537 Offenses Against Persons 537.01 NEGLIGENT HOMICIDE. 537.02 VEHICULAR HOMICIDE AND MANSLAUGHTER. 537.021 VEHICULAR ASSAULT IN A CONSTRUCTION ZONE. 537.03 ASSAULT. 537.04 NEGLIGENT ASSAULT. 537.05 AGGRAVATED MENACING. 537.051 MENACING BY STALKING. 537.06 MENACING. 537.07 ENDANGERING CHILDREN. 537.08 UNLAWFUL RESTRAINT. 537.09 COERCION. 537.10 TELECOMMUNICATION HARASSMENT. 537.11 THREATENING OR HARASSING TELEPHONE CALLS. 537.12 MISUSE OF 9-1-1 SYSTEM. 537.13 ADULTERATING OF OR FURNISHING ADULTERATED FOOD OR CONFECTION. 537.14 DOMESTIC VIOLENCE. 537.15 ANNOYING BUILDING OCCUPANTS. 537.16 MOLESTING OR INSULTING PERSONS. 537.17 TEMPORARY PROTECTION ORDER. 537.18 ILLEGAL DISTRIBUTION OF CIGARETTES, OTHER TOBACCO PRODUCTS, OR ALTERNATE NICOTINE PRODUCTS; TRANSACTION SCANS. 537.19 RESERVED. 537.20 CONTRIBUTING TO UNRULINESS OR DELINQUENCY OF A CHILD. 537.21 HAZING PROHIBITED. 537.22 ILLEGAL USE OF A TRACKING DEVICE OR APPLICATION. 537.99 PENALTY. CHAPTER 541 Property Offenses CHAPTER 545 Theft and Fraud CHAPTER 549 Weapons and Explosives CHAPTER 553 Railroads CHAPTER 557 Watercraft CHAPTER 561 Weeds and Grass PART SEVEN - BUSINESS REGULATION CODE PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE PART ELEVEN - PLANNING AND ZONING CODE PART THIRTEEN - BUILDING CODE PART FIFTEEN - FIRE PREVENTION CODE OH Sheffield Lake Codified Ordinances of Sheffield Lake, OH 537.15 ANNOYING BUILDING OCCUPANTS. CHAPTER 537 Offenses Against Persons 537.14 DOMESTIC VIOLENCE. (a) No person shall knowingly cause or attempt to cause physical harm to a family or household member. (b) No person shall recklessly cause serious physical harm to a family or household member. (c) No person, by threat of force, shall knowingly cause a family or household member to believe that the offender will cause imminent physical harm to the family or household member. (d) (1) Whoever violates this section is guilty of domestic violence. (2) Except as otherwise provided in subsection (d)(3) to (5) of this section, a violation of subsection (c) of this section is a misdemeanor of the fourth degree, and a violation of subsection (a) or (b) of this section is a misdemeanor of the first degree. (3) Except as otherwise provided in subsection (d)(4) of this section, if the offender previously has pleaded guilty to or been convicted of domestic violence, a violation of an existing or former municipal ordinance or law of this or any other state or the United States that is substantially similar to domestic violence, a violation of Ohio R.C. 2903.14, 2909.06, 2909.07, 2911.12, 2911.211, or 2919.22 if the victim of the violation was a family or household member at the time of the violation, a violation of an existing or former municipal ordinance or law of this or any other state or the United States that is substantially similar to any of those sections if the victim of the violation was a family or household member at the time of the commission of the violation, or any offense of violence if the victim of the offense was a family or household member at the time of the commission of the offense, a violation of subsection (a) or (b) of this section is a felony and shall be prosecuted under appropriate state law, and a violation of subsection (c) of this section is a misdemeanor of the second degree. (4) If the offender previously has pleaded guilty to or been convicted of two or more offenses of domestic violence or two or more violations or offenses of the type described in subsection (d)(3) of this section involving a person who was a family or household member at the time of the violations or offenses, a violation of subsection (a) or (b) of this section is a felony to be prosecuted under appropriate state law. A violation of subsection (c) of this section is a misdemeanor of the first degree. If the offender previously has pleaded guilty to or been convicted of two or more offenses of domestic violence or two or more violations or offenses of the type described in subsection (d)(3) of this section involving a person who was a family or household member at the time of the violations or offenses, and the offender knew that the victim of the violation was pregnant at the time of the violation, a violation of subsection (a) or (b) of this section is a felony to be prosecuted under appropriate state law. (5) Except as otherwise provided in subsection (d)(3) or (4) of this section, if the offender knew that the victim of the violation was pregnant at the time of the violation, a violation of subsection (a) or (b) of this section is a felony and shall be prosecuted under appropriate State law, and a violation of subsection (c) of this section is a misdemeanor of the third degree. (e) Notwithstanding any provision of law to the contrary, no court or unit of local government shall charge any fee, cost, deposit, or money in connection with the filing of charges against a person alleging that the person violated this section or in connection with the prosecution of any charges so filed. (f) As used in this section: (1) "Family or household member" means any of the following: A. Any of the following who is residing or has resided with the offender: 1. A spouse, a person living as a spouse or a former spouse of the offender; 2. A parent, a foster parent or a child of the offender, or another person related by consanguinity or affinity to the offender; 3. A parent, or a child of a spouse, person living as a spouse, or former spouse of the offender; or another person related by consanguinity or affinity to a spouse, person living as a spouse or former spouse of the offender. B. The natural parent of any child of whom the offender is the other natural parent or is the putative other natural parent. (2) "Person living as a spouse" means a person who is living or has lived with the offender in a common law marital relationship, who otherwise is cohabiting with the offender, or who otherwise has cohabited with the offender within five years prior to the date of the alleged commission of the act in question. (ORC 2919.25) (g) The same relief available under the Ohio Revised Code for filing a complaint for violation of Ohio R.C. 2919.25 shall be available for filing a complaint for violation of this section. 537.15 ANNOYING BUILDING OCCUPANTS. (a) No person, without proper occasion, shall disturb or annoy the occupants of any dwelling, building, store or other place by knocking on the door, gate or window of such structure, or by ringing the doorbell attached thereto. (Ord. 63-71. Passed 9-14-71.) (b) Whoever violates this section is guilty of a misdemeanor of the fourth degree. 537.16 MOLESTING OR INSULTING PERSONS. (a) No person shall, unreasonably and without lawful purpose, follow, pursue, lay hands on or otherwise molest or insult any other person. (b) Whoever violates this section is guilty of a misdemeanor of the fourth degree. 537.17 TEMPORARY PROTECTION ORDER. (a) No person shall recklessly violate the terms of any of the following: (1) A protection order issued or consent agreement approved pursuant to Ohio R.C. 2919.26 or 3113.31; (2) A protection order issued pursuant to Ohio R.C. 2151.34, 2903.213 or 2903.214; (3) A protection order issued by a court of another state. (b) (1) Whoever violates this section is guilty of violating a protection order. (2) Except as otherwise provided in subsection (b)(3) of this section, violating a protection order is a misdemeanor of the first degree. (3) Violating a protection order is a felony and shall be prosecuted under State law if the offender previously has been convicted of, pleaded guilty to, or been adjudicated a delinquent child for any of the following: A. A violation of a protection order issued or consent agreement approved pursuant to Ohio R.C. 2151.34, 2903.213, 2903.214, 2919.26, or 3113.31; B. Two or more violations of Ohio R.C. 2903.21, 2903.211, 2903.22, or 2911.211 or any combination of those offenses that involved the same person who is the subject of the protection order or consent agreement; C. One or more violations of this section. (4) If the offender violates a protection order or consent agreement while committing a felony offense, violating a protection order is a felony and shall be prosecuted under appropriate state law. (5) If the protection order violated by the offender was an order issued pursuant to Ohio R.C. 2151.34 or 2903.214 that required electronic monitoring of the offender pursuant to that section, the court may require in addition to any other sentence imposed upon the offender that the offender be electronically monitored for a period not exceeding five years by a law enforcement agency designated by the court. If the court requires under this subsection that the offender be electronically monitored, unless the court determines that the offender is indigent, the court shall order that the offender pay the costs of the installation of the electronic monitoring device and the cost of monitoring the electronic monitoring device. (c) It is an affirmative defense to a charge under subsection (a)(3) of this section that the protection order issued by a court of another state does not comply with the requirements specified in 18 U.S.C. 2265(b) for a protection order that must be accorded full faith and credit by a court of this State or that it is not entitled to full faith and credit under 18 U.S.C. 2265(c). (d) In a prosecution for a violation of this section, it is not necessary for the prosecution to prove that the protection order or consent agreement was served on the defendant if the prosecution proves that the defendant was shown the protection order or consent agreement or a copy of either or a judge, magistrate, or law enforcement officer informed the defendant that a protection order or consent agreement had been issued, and proves that the defendant recklessly violated the terms of the order or agreement. (e) As used in this section, “protection order issued by a court of another state” means an injunction or another order issued by a criminal court of another state for the purpose of preventing violent or threatening acts or harassment against, contact or communication with, or physical proximity to another person, including a temporary order, and means an injunction or order of that nature issued by a civil court of another state, including a temporary order and a final order issued in an independent action or as a pendente lite order in a proceeding for other relief, if the court issued it in response to a complaint, petition or motion filed by or on behalf of a person seeking protection. “Protection order issued by a court of another state” does not include an order for support or for custody of a child. (ORC 2919.27) 537.18 ILLEGAL DISTRIBUTION OF CIGARETTES, OTHER TOBACCO PRODUCTS, OR ALTERNATE NICOTINE PRODUCTS; TRANSACTION SCANS. (a) Illegal Distribution of Cigarettes, Other Tobacco Products, or Alternative Nicotine Products. (1) As used in this section: A. “Age verification.” A service provided by an independent third party (other than a manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes) that compares information available from a commercially available database, or aggregate of databases, that regularly are used by government and businesses for the purpose of age and identity verification to personal information provided during an internet sale or other remote method of sale to establish that the purchaser is twenty-one years of age or older. B. “Alternative nicotine product.” 1. Subject to subsection (a)(1)B.2. of this section, an electronic smoking device, vapor product, or any other product or device that consists of or contains nicotine that can be ingested into the body by any means, including, but not limited to, chewing, smoking, absorbing, dissolving, or inhaling. 2. The phrase does not include any of the following: a. Any cigarette or other tobacco product; b. Any product that is a “drug” as that term is defined in 21 U.S.C. 321(g)(1); c. Any product that is a “device” as that term is defined in 21 U.S.C. 321(h); d. Any product that is a “combination product” as described in 21 U.S.C. 353(g). C. “Cigarette.” Includes clove cigarettes and hand-rolled cigarettes. D. “Distribute.” Means to furnish, give, or provide cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to the ultimate consumer of the cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes. E. “Electronic smoking device.” Means any device that can be used to deliver aerosolized or vaporized nicotine or any other substance to the person inhaling from the device including an electronic cigarette, electronic cigar, electronic hookah, vaping pen, or electronic pipe. The phrase includes any component, part, or accessory of such a device, whether or not sold separately, and includes any substance intended to be aerosolized or vaporized during the use of the device. The phrase does not include any product that is a drug, device, or combination product, as those terms are defined or described in 21 U.S.C. 321 and 353(g). F. “Proof of age.” Means a driver’s license, a commercial driver’s license, a military identification card, a passport, or an identification card issued under Ohio R.C. 4507.50 to 4507.52 that shows that a person is twenty-one years of age or older. G. “Tobacco product.” Means any product that is made or derived from tobacco or that contains any form of nicotine, if it is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled, or ingested by any other means, including, but not limited to, a cigarette, an electronic smoking device, a cigar, pipe tobacco, chewing tobacco, snuff, or snus. The phrase also means any component or accessory used in the consumption of a tobacco product, such as filters, rolling papers, pipes, blunt or hemp wraps, and liquids used in electronic smoking devices, whether or not they contain nicotine. The phrase does not include any product that is a drug, device, or combination product, as those terms are defined or described in 21 U.S.C. 321 and 353(g). H. “Vapor product.” Means a product, other than a cigarette or other tobacco product as defined in Ohio R.C. Chapter 5743, that contains or is made or derived from nicotine and that is intended and marketed for human consumption, including by smoking, inhaling, snorting, or sniffing. The phrase includes any component, part, or additive that is intended for use in an electronic smoking device, a mechanical heating element, battery, or electronic circuit and is used to deliver the product. The phrase does not include any product that is a drug, device, or combination product, as those terms are defined or described in 21 U.S.C. 321 and 353(g). The phrase includes any product containing nicotine, regardless of concentration. I. “Vending machine.” Has the same meaning as “coin machine” in Ohio R.C. 2913.01. (2) No manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes, no agent, employee, or representative of a manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes, and no other person shall do any of the following: A. Give, sell, or otherwise distribute cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes: 1. To any person under twenty-one years of age; or 2. Without first verifying proof of age. B. Give away, sell, or distribute cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes in any place that does not have posted in a conspicuous place a legibly printed sign in letters at least one-half inch high stating that giving, selling, or otherwise distributing cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to a person under twenty-one years of age is prohibited by law; C. Knowingly furnish any false information regarding the name, age, or other identification of any person under twenty-one years of age with purpose to obtain cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes for that person; D. Manufacture, sell, or distribute in this state any pack or other container of cigarettes containing fewer than twenty cigarettes or any package of roll-your-own tobacco containing less than six-tenths of one ounce of tobacco; E. Sell cigarettes or alternative nicotine products in a smaller quantity than that placed in the pack or other container by the manufacturer; F. Give, sell, or otherwise distribute alternative nicotine products, papers used to roll cigarettes, or tobacco products other than cigarettes over the internet or through another remote method without age verification. G. Allow an employee under eighteen years of age to sell any tobacco product; H. Give away or otherwise distribute free samples of cigarettes, other tobacco products, alternative nicotine products, or coupons redeemable for cigarettes, other tobacco products or alternative tobacco products. (3) No person shall sell or offer to sell cigarettes, other tobacco products, or alternative nicotine products by or from a vending machine, except in the following locations: A. An area within a factory, business, office, or other place not open to the general public; B. An area to which persons under twenty-one years of age are not generally permitted access; C. Any other place not identified in subsection (a)(3)A. or B. of this section, upon all of the following conditions: 1. The vending machine is located within the immediate vicinity, plain view, and control of the person who owns or operates the place, or an employee of that person, so that all cigarettes, other tobacco product, and alternative nicotine product purchases from the vending machine will be readily observed by the person who owns or operates the place or an employee of that person. For the purpose of this section, a vending machine located in any unmonitored area, including an unmonitored coatroom, restroom, hallway, or outer waiting area, shall not be considered located within the immediate vicinity, plain view, and control of the person who owns or operates the place, or an employee of that person. 2. The vending machine is inaccessible to the public when the place is closed. 3\. A clearly visible notice is posted in the area where the vending machine is located that states the following in letters that are legibly printed and at least one-half inch high: “It is illegal for any person under the age of twenty-one to purchase tobacco or alternative nicotine products.” (4) The following are affirmative defenses to a charge under subsection (a)(2)A. of this section: A. The person under twenty-one years of age was accompanied by a parent, spouse who is twenty-one years of age or older, or legal guardian of the person under twenty-one years of age. B. The person who gave, sold, or distributed cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to a person under twenty-one years of age under subsection (a)(2)A. of this section is a parent, spouse who is twenty-one years of age or older, or legal guardian of the person under twenty-one years of age. (5) A. It is not a violation of subsection (a)(2)A. or B. of this section for a person to give or otherwise distribute to a person under twenty-one years of age cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes while the person under twenty-one years of age is participating in a research protocol if all of the following apply: 1. The parent, guardian, or legal custodian of the person under twenty-one years of age has consented in writing to the person under twenty-one years of age participating in the research protocol. 2. An institutional human subjects protection review board, or an equivalent entity, has approved the research protocol. 3. The person under twenty-one years of age is participating in the research protocol at the facility or location specified in the research protocol. B. It is not a violation of subsection (a)(2)A. or B. of this section for an employer to permit an employee eighteen, nineteen or twenty years of age to sell a tobacco product. (6) A. No delivery service shall accept from, transport or deliver to, or allow pick-up by, a person under twenty-one years of age with respect to any of the following: 1. Alternative nicotine products; 2. Papers used to roll cigarettes; 3. Tobacco products other than cigarettes. B. A delivery service shall require proof of age as a condition of accepting, transporting, delivering, or allowing pickup of the items described in subsections (a)(6)A1. to 3. of this section. (7) Whoever violates subsections (a)(2)A., B., D., E., F., G., H., (3) or (6) of this section is guilty of illegal distribution of cigarettes, other tobacco products, or alternative nicotine products. Except as otherwise provided in this division, illegal distribution of cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the fourth degree. If the offender previously has been convicted of or pleaded guilty to illegal distribution of cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the third degree. (8) A. Notwithstanding Ohio R.C. 2929.28(A)(2), if an offender is convicted of or pleads guilty to a violation of subsection (a)(2)A. of this section, the court shall impose a fine in the following amount: 1. Except as otherwise provided in subsections (a)(8)A.2., (a)(8)A.3., (a)(8)A.4., and (a)(8)A.5. of this section, not more than two hundred fifty dollars ($250.00); 2. Except as otherwise provided in subsections (a)(8)A.3., (a)(8)A.4., and (a)(8)A.5. of this section, if an offender has previously been convicted of or pleaded guilty to a violation of subsection (a)(2)A. of this section or a substantially equivalent state law or municipal ordinance, not more than five hundred dollars ($500.00); 3. Except as otherwise provided in subsections (a)(8)A.4. and (a)(8)A.5. of this section, if an offender previously has been convicted of or pleaded guilty to two or more violations of subsection (a)(2)A. of this section or a substantially equivalent state law or municipal ordinance, five hundred dollars ($500.00); 4. Except as otherwise provided in subsection (a)(8)A.5. of this section, if an offender previously has been convicted of or pleaded guilty to three or more violations of subsection (a)(2)A. of this section or a substantially equivalent state law or municipal ordinance, one thousand dollars ($1,000.00); 5. If an offender previously has been convicted of or pleaded guilty to four or more violations of subsection (a)(2)A. of this section or a substantially equivalent state law or municipal ordinance, one thousand five hundred dollars ($1,500), B. The financial sanctions required by subsection (a)(8)A. of this section are in lieu of the financial sanctions described in Ohio R.C. 2929.28(A)(2), but are in addition to any other sanctions or penalties that may apply to the offender, including other financial sanctions under that section or a jail term under Ohio R.C. 2929.24. (9) Whoever violates subsection (a)(2)C. of this section is guilty of permitting a person under twenty-one years of age to use cigarettes, other tobacco products, or alternative nicotine products. Except as otherwise provided in this division, permitting a person under twenty-one years of age to use cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the fourth degree. If the offender previously has been convicted of a violation of subsection (a)(2)C. of this section or a substantially equivalent state law or municipal ordinance, permitting a person under twenty-one years of age to use cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the third degree. (10) Any cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes that are given, sold, or otherwise distributed to a person under twenty-one years of age in violation of this section and that are used, possessed, purchased, or received by a person under twenty-one years of age in violation of Ohio R.C. 2151.87 are subject to seizure and forfeiture as contraband under Ohio R.C. Chapter 2981. (ORC 2927.02) (b) Transaction Scan. (1) For the purpose of this subsection (b) and subsection (c) of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. A. “Card holder.” Any person who presents a driver’s or commercial driver’s license or an identification card to a seller, or an agent or employee of a seller, to purchase or receive cigarettes, other tobacco products, or alternative nicotine products from a seller, agent or employee. B. “Identification card.” An identification card issued under Ohio R.C. 4507.50 to 4507.52. C. “Seller.” A seller of cigarettes, other tobacco products, or alternative nicotine products and includes any person whose gift of or other distribution of cigarettes, other tobacco products, or alternative nicotine products is subject to the prohibitions of subsection (a) of this section. D. “Transaction scan.” The process by which a seller or an agent or employee of a seller checks, by means of a transaction scan device, the validity of a driver’s or commercial driver’s license or an identification card that is presented as a condition for purchasing or receiving cigarettes, other tobacco products, or alternative nicotine products. E. “Transaction scan device.” Any commercial device or combination of devices used at a point of sale that is capable of deciphering in an electronically readable format the information encoded on the magnetic strip or bar code of a driver’s or commercial driver’s license or an identification card. (2) A. A seller or an agent or employee of a seller may perform a transaction scan by means of a transaction scan device to check the validity of a driver’s or commercial driver’s license or identification card presented by a card holder as a condition for selling, giving away or otherwise distributing to the card holder cigarettes, other tobacco products, or alternative nicotine products. B. If the information deciphered by the transaction scan performed under subsection (b)(2)A. of this section fails to match the information printed on the driver’s or commercial driver’s license or identification card presented by the card holder, or if the transaction scan indicates that the information so printed is false or fraudulent, neither the seller nor any agent or employee of the seller shall sell, give away or otherwise distribute any cigarettes, other tobacco products, or alternative nicotine products to the card holder. C. Subsection (b)(2)A. of this section does not preclude a seller or an agent or employee of a seller from using a transaction scan device to check the validity of a document other than a driver’s or commercial driver’s license or identification card, if the document includes a bar code or magnetic strip that may be scanned by the device, as a condition for selling, giving away or otherwise distributing cigarettes, other tobacco products, or alternative nicotine products to the person presenting the document. (3) Rules adopted by the Registrar of Motor Vehicles under Ohio R.C. 4301.61(C) apply to the use of transaction scan devices for purposes of this subsection (b) and subsection (c) of this section. (4) A. No seller or agent or employee of a seller shall electronically or mechanically record or maintain any information derived from a transaction scan, except for the following: 1. The name and date of birth of the person listed on the driver’s or commercial driver’s license or identification card presented by the card holder; 2. The expiration date and identification number of the driver’s or commercial driver’s license or identification card presented by the card holder. B. No seller or agent or employee of a seller shall use the information that is derived from a transaction scan or that is permitted to be recorded and maintained under subsection (b)(4)A. of this section, except for purposes of subsection (c) of this section. C. No seller or agent or employee of a seller shall use a transaction scan device for a purpose other than the purpose specified in subsection (c)(2)A. of this section. D. No seller or agent or employee of a seller shall sell or otherwise disseminate the information derived from a transaction scan to any third party, including but not limited to selling or otherwise disseminating that information for any marketing, advertising or promotional activities, but a seller or agent or employee of a seller may release that information pursuant to a court order or as specifically authorized by subsection (c) of this section or another section of these Codified Ordinances or the Ohio Revised Code. (5) Nothing in this subsection (b) or subsection (c) of this section relieves a seller or an agent or employee of a seller of any responsibility to comply with any other applicable local, state or federal laws or rules governing the sale, giving away or other distribution of cigarettes, other tobacco products, or alternative nicotine products. (6) Whoever violates subsection (b)(2)B. or (b)(4) of this section is guilty of engaging in an illegal tobacco product or alternative nicotine product transaction scan, and the court may impose upon the offender a civil penalty of up to one thousand dollars ($1,000) for each violation. The Clerk of the Court shall pay each collected civil penalty to the County Treasurer for deposit into the County Treasury. (ORC 2927.021) (c) Affirmative Defenses. (1) A seller or an agent or employee of a seller may not be found guilty of a charge of a violation of subsection (a) of this section in which the age of the purchaser or other recipient of cigarettes, other tobacco products, or alternative nicotine products is an element of the alleged violation, if the seller, agent or employee raises and proves as an affirmative defense that all of the following occurred: A. A card holder attempting to purchase or receive cigarettes, other tobacco products, or alternative nicotine products presented a driver’s or commercial driver’s license or an identification card. B. A transaction scan of the driver’s or commercial driver’s license or identification card that the card holder presented indicated that the license or card was valid. C. The cigarettes, other tobacco products, or alternative nicotine products were sold, given away or otherwise distributed to the card holder in reasonable reliance upon the identification presented and the completed transaction scan. (2) In determining whether a seller or an agent or employee of a seller has proven the affirmative defense provided by subsection (c)(1) of this section, the trier of fact in the action for the alleged violation of subsection (a) of this section shall consider any written policy that the seller has adopted and implemented and that is intended to prevent violations of subsection (a) of this section. For purposes of subsection (c)(1)C. of this section, the trier of fact shall consider that reasonable reliance upon the identification presented and the completed transaction scan may require a seller or an agent or employee of a seller to exercise reasonable diligence to determine, and that the use of a transaction scan device does not excuse a seller or an agent or employee of a seller from exercising reasonable diligence to determine, the following: A. Whether a person to whom the seller or agent or employee of a seller sells, gives away or otherwise distributes cigarettes, other tobacco products, or alternative nicotine products is twenty-one years of age or older; B. Whether the description and picture appearing on the driver’s or commercial driver’s license or identification card presented by a card holder is that of the card holder. (3) In any criminal action in which the affirmative defense provided by subsection (c)(1) of this section is raised, the Registrar of Motor Vehicles or a Deputy Registrar who issued an identification card under Ohio R.C. 4507.50 to 4507.52 shall be permitted to submit certified copies of the records of that issuance in lieu of the testimony of the personnel of or contractors with the Bureau of Motor Vehicles in the action. (ORC 2927.022) (d) Shipment of Tobacco Products. (1) As used in this subsection (d): A. “Authorized recipient of tobacco products” means: 1. In the case of cigarettes, a person who is: a. Licensed as a cigarette wholesale dealer under Ohio R.C. 5743.15; b. Licensed as a retail dealer as long as the person purchases cigarettes with the appropriate tax stamp affixed; c. An export warehouse proprietor as defined in Internal Revenue Code Section 5702; d. An operator of a customs bonded warehouse under 19 U.S.C. Section 1311 or 19 U.S.C. Section 1555; e. An officer, employee, or agent of the federal government or of this state acting in the person's official capacity; f. A department, agency, instrumentality, or political subdivision of the federal government or of this state; g. A person having a consent for consumer shipment issued by the Ohio Tax Commissioner under Ohio R.C. 5743.71. 2. In the case of electronic smoking devices or vapor products, a person who is: a. Licensed as a distributor of tobacco or vapor products under Ohio R.C. 5743.61; b. A retail dealer of vapor products, as defined in Ohio R.C. 5741.01(C)(3), that is not licensed as a vapor distributor, as long as the tax levied by Ohio R.C. 5743.51, 5743.62, or 5743.63, as applicable, has been paid; c. An operator of a customs bonded warehouse under 19 U.S.C. Section 1311 or 19 U.S.C. Section 1555; d. An officer, employee, or agent of the federal government or of this state acting in the person's official capacity; e. A department, agency, instrumentality, or political subdivision of the federal government or of this state. B. “Motor Carrier,” Has the same meaning as in Ohio R.C. 4923.01. (2) The purpose of this section is to prevent the sale of cigarettes, electronic smoking devices, and vapor products to minors and to ensure compliance with the Master Settlement Agreement, as defined in Ohio R.C. 1346.01. (3) A. No person shall cause to be shipped any cigarettes, electronic smoking devices, and vapor products to any person in this municipality other than an authorized recipient of tobacco products. B. No motor carrier, or other person shall knowingly transport cigarettes, electronic smoking devices, and vapor products to any person in this municipality that the carrier or other person reasonably believes is not an authorized recipient of tobacco products. If cigarettes, electronic smoking devices, and vapor products are transported to a home or residence, it shall be presumed that the motor carrier, or other person knew that the person to whom the cigarettes, electronic smoking devices, and vapor products were delivered was not an authorized recipient of tobacco products. (4) No person engaged in the business of selling cigarettes, electronic smoking devices, and vapor products who ships or causes to be shipped cigarettes, electronic smoking devices, and vapor products to any person in this municipality in any container or wrapping other than the original container or wrapping shall fail to plainly and visibly mark the exterior of the container or wrapping in which the cigarettes, electronic smoking devices, and vapor products are shipped with the words ”cigarettes”, ”electronic smoking devices”, or “vapor products”, as applicable. (5) A court shall impose a fine of up to one thousand dollars ($1,000) for each violation of subsection (d)(3)A., (d)(3)B. or (d)(4) of this section. (ORC 2927.023) (e) Furnishing False Information to Obtain Tobacco Products. (1) No person who is eighteen years of age or older but younger than twenty-one years of age shall knowingly furnish false information concerning that person’s name, age, or other identification for the purpose of obtaining tobacco products. (2) Whoever violates subsection (e)(1) of this section is guilty of furnishing false information to obtain tobacco products. Except as otherwise provided in this division, furnishing false information to obtain tobacco products is a misdemeanor of the fourth degree. If the offender previously has been convicted of or pleaded guilty to a violation of subsection (e)(1) of this section or a substantially equivalent state law or municipal ordinance, furnishing false information to obtain tobacco products is a misdemeanor of the third degree. (ORC 2927.024) Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588. Hosted by: American Legal Publishing Back to Code Library Previous Doc Next Doc 0 items available --- ## Detected legislative history - Ordinances of Sheffield Lake, OH - ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO - ORDINANCE NO. 116-84 - ORDINANCES OF SHEFFIELD LAKE - orderly Conduct and Peace Disturbance - ORDER - ordinance or law of this or any other state or the United States that is substantially similar to domestic violence, a violation of Ohio R - ordinance or law of this or any other state or the United States that is substantially similar to any of those sections if the victim of the violation was a family or household member at the - Ord. 63-71 - order issued or consent agreement approved pursuant to Ohio R - order issued pursuant to Ohio R - order issued by a court of another state - order - order is a misdemeanor of the first degree - order is a felony and shall be prosecuted under State law if the offender previously has been convicted of, pleaded guilty to, or been adjudicated a delinquent child for any of the fo - order or consent agreement; - order or consent agreement while committing a felony offense, violating a protection order is a felony and shall be prosecuted under appropriate state law - order violated by the offender was an order issued pursuant to Ohio R - order that the offender pay the costs of the installation of the electronic monitoring device and the cost of monitoring the electronic monitoring device - order issued by a court of another state does not comply with the requirements specified in 18 U - order that must be accorded full faith and credit by a court of this State or that it is not entitled to full faith and credit under 18 U - order or consent agreement was served on the defendant if the prosecution proves that the defendant was shown the protection order or consent agreement or a copy of either or a judge, - order or consent agreement had been issued, and proves that the defendant recklessly violated the terms of the order or agreement - order issued by a court of another state” means an injunction or another order issued by a criminal court of another state for the purpose of preventing violent or threatening acts or - order, and means an injunction or order of that nature issued by a civil court of another state, including a temporary order and a final order issued in an independent action or as a - order in a proceeding for other relief, if the court issued it in response to a complaint, petition or motion filed by or on behalf of a person seeking protection - order issued by a court of another state” does not include an order for support or for custody of a child - ordinance, not more than five hundred dollars ($500 - ordinance, five hundred dollars ($500 - ordinance, one thousand dollars ($1,000 - ordinance, one thousand five hundred dollars ($1,500), - ordinance, permitting a person under twenty-one years of age to use cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the third degree - adopted by the Registrar of Motor Vehicles under Ohio R - ord or maintain any information derived from a transaction scan, except for the following: - orded and maintained under subsection (b)(4)A - order or as specifically authorized by subsection (c) of this section or another section of these Codified Ordinances or the Ohio Revised Code - adopted and implemented and that is intended to prevent violations of subsection (a) of this section - ords of that issuance in lieu of the testimony of the personnel of or contractors with the Bureau of Motor Vehicles in the action - ords ”cigarettes”, ”electronic smoking devices”, or “vapor products”, as applicable - ordinance, furnishing false information to obtain tobacco products is a misdemeanor of the third degree - Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality - Ordinances should be consulted prior to any action being taken - Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588 --- *Imported automatically by MunicipalWiki. The original publisher remains the authoritative source pending legal normalization and verification.* # 537.16 MOLESTING OR INSULTING PERSONS. # 537.16 MOLESTING OR INSULTING PERSONS.
Document typesection
Identifier537.16
Citation§ 537.16
Ordinances detectedS, 116-84, ER, OR, 63-71, INANCE
Original source[American Legal Publishing](https://codelibrary.amlegal.com/codes/sheffieldlake/latest/sheffieldlake_oh/0-0-0-11892)
Content hash`7a72d405b893bb5baa4d5b0630fbae386aa360a8a9893a6167feceae976cec7d`
--- Skip to main content Search Sitemap Login Select Language Resources Skip to code content (skip section selection) 2025-04 (current) Sheffield Lake Overview Codified Ordinances of Sheffield Lake, OH CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO CERTIFICATION ROSTER OF OFFICIALS ADOPTING ORDINANCE NO. 116-84 COMPARATIVE SECTION TABLE TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE CHARTER PART ONE - ADMINISTRATIVE CODE PART THREE - TRAFFIC CODE PART FIVE - GENERAL OFFENSES CODE CHAPTER 501 General Provisions and Penalty CHAPTER 505 Animals and Fowl CHAPTER 509 Disorderly Conduct and Peace Disturbance CHAPTER 513 Drug Abuse Control CHAPTER 517 Gambling CHAPTER 521 Health, Safety and Sanitation CHAPTER 525 Law Enforcement and Public Office CHAPTER 529 Liquor Control CHAPTER 531 Noise Control CHAPTER 533 Obscenity and Sex Offenses CHAPTER 537 Offenses Against Persons 537.01 NEGLIGENT HOMICIDE. 537.02 VEHICULAR HOMICIDE AND MANSLAUGHTER. 537.021 VEHICULAR ASSAULT IN A CONSTRUCTION ZONE. 537.03 ASSAULT. 537.04 NEGLIGENT ASSAULT. 537.05 AGGRAVATED MENACING. 537.051 MENACING BY STALKING. 537.06 MENACING. 537.07 ENDANGERING CHILDREN. 537.08 UNLAWFUL RESTRAINT. 537.09 COERCION. 537.10 TELECOMMUNICATION HARASSMENT. 537.11 THREATENING OR HARASSING TELEPHONE CALLS. 537.12 MISUSE OF 9-1-1 SYSTEM. 537.13 ADULTERATING OF OR FURNISHING ADULTERATED FOOD OR CONFECTION. 537.14 DOMESTIC VIOLENCE. 537.15 ANNOYING BUILDING OCCUPANTS. 537.16 MOLESTING OR INSULTING PERSONS. 537.17 TEMPORARY PROTECTION ORDER. 537.18 ILLEGAL DISTRIBUTION OF CIGARETTES, OTHER TOBACCO PRODUCTS, OR ALTERNATE NICOTINE PRODUCTS; TRANSACTION SCANS. 537.19 RESERVED. 537.20 CONTRIBUTING TO UNRULINESS OR DELINQUENCY OF A CHILD. 537.21 HAZING PROHIBITED. 537.22 ILLEGAL USE OF A TRACKING DEVICE OR APPLICATION. 537.99 PENALTY. CHAPTER 541 Property Offenses CHAPTER 545 Theft and Fraud CHAPTER 549 Weapons and Explosives CHAPTER 553 Railroads CHAPTER 557 Watercraft CHAPTER 561 Weeds and Grass PART SEVEN - BUSINESS REGULATION CODE PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE PART ELEVEN - PLANNING AND ZONING CODE PART THIRTEEN - BUILDING CODE PART FIFTEEN - FIRE PREVENTION CODE OH Sheffield Lake Codified Ordinances of Sheffield Lake, OH 537.16 MOLESTING OR INSULTING PERSONS. CHAPTER 537 Offenses Against Persons 537.14 DOMESTIC VIOLENCE. (a) No person shall knowingly cause or attempt to cause physical harm to a family or household member. (b) No person shall recklessly cause serious physical harm to a family or household member. (c) No person, by threat of force, shall knowingly cause a family or household member to believe that the offender will cause imminent physical harm to the family or household member. (d) (1) Whoever violates this section is guilty of domestic violence. (2) Except as otherwise provided in subsection (d)(3) to (5) of this section, a violation of subsection (c) of this section is a misdemeanor of the fourth degree, and a violation of subsection (a) or (b) of this section is a misdemeanor of the first degree. (3) Except as otherwise provided in subsection (d)(4) of this section, if the offender previously has pleaded guilty to or been convicted of domestic violence, a violation of an existing or former municipal ordinance or law of this or any other state or the United States that is substantially similar to domestic violence, a violation of Ohio R.C. 2903.14, 2909.06, 2909.07, 2911.12, 2911.211, or 2919.22 if the victim of the violation was a family or household member at the time of the violation, a violation of an existing or former municipal ordinance or law of this or any other state or the United States that is substantially similar to any of those sections if the victim of the violation was a family or household member at the time of the commission of the violation, or any offense of violence if the victim of the offense was a family or household member at the time of the commission of the offense, a violation of subsection (a) or (b) of this section is a felony and shall be prosecuted under appropriate state law, and a violation of subsection (c) of this section is a misdemeanor of the second degree. (4) If the offender previously has pleaded guilty to or been convicted of two or more offenses of domestic violence or two or more violations or offenses of the type described in subsection (d)(3) of this section involving a person who was a family or household member at the time of the violations or offenses, a violation of subsection (a) or (b) of this section is a felony to be prosecuted under appropriate state law. A violation of subsection (c) of this section is a misdemeanor of the first degree. If the offender previously has pleaded guilty to or been convicted of two or more offenses of domestic violence or two or more violations or offenses of the type described in subsection (d)(3) of this section involving a person who was a family or household member at the time of the violations or offenses, and the offender knew that the victim of the violation was pregnant at the time of the violation, a violation of subsection (a) or (b) of this section is a felony to be prosecuted under appropriate state law. (5) Except as otherwise provided in subsection (d)(3) or (4) of this section, if the offender knew that the victim of the violation was pregnant at the time of the violation, a violation of subsection (a) or (b) of this section is a felony and shall be prosecuted under appropriate State law, and a violation of subsection (c) of this section is a misdemeanor of the third degree. (e) Notwithstanding any provision of law to the contrary, no court or unit of local government shall charge any fee, cost, deposit, or money in connection with the filing of charges against a person alleging that the person violated this section or in connection with the prosecution of any charges so filed. (f) As used in this section: (1) "Family or household member" means any of the following: A. Any of the following who is residing or has resided with the offender: 1. A spouse, a person living as a spouse or a former spouse of the offender; 2. A parent, a foster parent or a child of the offender, or another person related by consanguinity or affinity to the offender; 3. A parent, or a child of a spouse, person living as a spouse, or former spouse of the offender; or another person related by consanguinity or affinity to a spouse, person living as a spouse or former spouse of the offender. B. The natural parent of any child of whom the offender is the other natural parent or is the putative other natural parent. (2) "Person living as a spouse" means a person who is living or has lived with the offender in a common law marital relationship, who otherwise is cohabiting with the offender, or who otherwise has cohabited with the offender within five years prior to the date of the alleged commission of the act in question. (ORC 2919.25) (g) The same relief available under the Ohio Revised Code for filing a complaint for violation of Ohio R.C. 2919.25 shall be available for filing a complaint for violation of this section. 537.15 ANNOYING BUILDING OCCUPANTS. (a) No person, without proper occasion, shall disturb or annoy the occupants of any dwelling, building, store or other place by knocking on the door, gate or window of such structure, or by ringing the doorbell attached thereto. (Ord. 63-71. Passed 9-14-71.) (b) Whoever violates this section is guilty of a misdemeanor of the fourth degree. 537.16 MOLESTING OR INSULTING PERSONS. (a) No person shall, unreasonably and without lawful purpose, follow, pursue, lay hands on or otherwise molest or insult any other person. (b) Whoever violates this section is guilty of a misdemeanor of the fourth degree. 537.17 TEMPORARY PROTECTION ORDER. (a) No person shall recklessly violate the terms of any of the following: (1) A protection order issued or consent agreement approved pursuant to Ohio R.C. 2919.26 or 3113.31; (2) A protection order issued pursuant to Ohio R.C. 2151.34, 2903.213 or 2903.214; (3) A protection order issued by a court of another state. (b) (1) Whoever violates this section is guilty of violating a protection order. (2) Except as otherwise provided in subsection (b)(3) of this section, violating a protection order is a misdemeanor of the first degree. (3) Violating a protection order is a felony and shall be prosecuted under State law if the offender previously has been convicted of, pleaded guilty to, or been adjudicated a delinquent child for any of the following: A. A violation of a protection order issued or consent agreement approved pursuant to Ohio R.C. 2151.34, 2903.213, 2903.214, 2919.26, or 3113.31; B. Two or more violations of Ohio R.C. 2903.21, 2903.211, 2903.22, or 2911.211 or any combination of those offenses that involved the same person who is the subject of the protection order or consent agreement; C. One or more violations of this section. (4) If the offender violates a protection order or consent agreement while committing a felony offense, violating a protection order is a felony and shall be prosecuted under appropriate state law. (5) If the protection order violated by the offender was an order issued pursuant to Ohio R.C. 2151.34 or 2903.214 that required electronic monitoring of the offender pursuant to that section, the court may require in addition to any other sentence imposed upon the offender that the offender be electronically monitored for a period not exceeding five years by a law enforcement agency designated by the court. If the court requires under this subsection that the offender be electronically monitored, unless the court determines that the offender is indigent, the court shall order that the offender pay the costs of the installation of the electronic monitoring device and the cost of monitoring the electronic monitoring device. (c) It is an affirmative defense to a charge under subsection (a)(3) of this section that the protection order issued by a court of another state does not comply with the requirements specified in 18 U.S.C. 2265(b) for a protection order that must be accorded full faith and credit by a court of this State or that it is not entitled to full faith and credit under 18 U.S.C. 2265(c). (d) In a prosecution for a violation of this section, it is not necessary for the prosecution to prove that the protection order or consent agreement was served on the defendant if the prosecution proves that the defendant was shown the protection order or consent agreement or a copy of either or a judge, magistrate, or law enforcement officer informed the defendant that a protection order or consent agreement had been issued, and proves that the defendant recklessly violated the terms of the order or agreement. (e) As used in this section, “protection order issued by a court of another state” means an injunction or another order issued by a criminal court of another state for the purpose of preventing violent or threatening acts or harassment against, contact or communication with, or physical proximity to another person, including a temporary order, and means an injunction or order of that nature issued by a civil court of another state, including a temporary order and a final order issued in an independent action or as a pendente lite order in a proceeding for other relief, if the court issued it in response to a complaint, petition or motion filed by or on behalf of a person seeking protection. “Protection order issued by a court of another state” does not include an order for support or for custody of a child. (ORC 2919.27) 537.18 ILLEGAL DISTRIBUTION OF CIGARETTES, OTHER TOBACCO PRODUCTS, OR ALTERNATE NICOTINE PRODUCTS; TRANSACTION SCANS. (a) Illegal Distribution of Cigarettes, Other Tobacco Products, or Alternative Nicotine Products. (1) As used in this section: A. “Age verification.” A service provided by an independent third party (other than a manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes) that compares information available from a commercially available database, or aggregate of databases, that regularly are used by government and businesses for the purpose of age and identity verification to personal information provided during an internet sale or other remote method of sale to establish that the purchaser is twenty-one years of age or older. B. “Alternative nicotine product.” 1. Subject to subsection (a)(1)B.2. of this section, an electronic smoking device, vapor product, or any other product or device that consists of or contains nicotine that can be ingested into the body by any means, including, but not limited to, chewing, smoking, absorbing, dissolving, or inhaling. 2. The phrase does not include any of the following: a. Any cigarette or other tobacco product; b. Any product that is a “drug” as that term is defined in 21 U.S.C. 321(g)(1); c. Any product that is a “device” as that term is defined in 21 U.S.C. 321(h); d. Any product that is a “combination product” as described in 21 U.S.C. 353(g). C. “Cigarette.” Includes clove cigarettes and hand-rolled cigarettes. D. “Distribute.” Means to furnish, give, or provide cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to the ultimate consumer of the cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes. E. “Electronic smoking device.” Means any device that can be used to deliver aerosolized or vaporized nicotine or any other substance to the person inhaling from the device including an electronic cigarette, electronic cigar, electronic hookah, vaping pen, or electronic pipe. The phrase includes any component, part, or accessory of such a device, whether or not sold separately, and includes any substance intended to be aerosolized or vaporized during the use of the device. The phrase does not include any product that is a drug, device, or combination product, as those terms are defined or described in 21 U.S.C. 321 and 353(g). F. “Proof of age.” Means a driver’s license, a commercial driver’s license, a military identification card, a passport, or an identification card issued under Ohio R.C. 4507.50 to 4507.52 that shows that a person is twenty-one years of age or older. G. “Tobacco product.” Means any product that is made or derived from tobacco or that contains any form of nicotine, if it is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled, or ingested by any other means, including, but not limited to, a cigarette, an electronic smoking device, a cigar, pipe tobacco, chewing tobacco, snuff, or snus. The phrase also means any component or accessory used in the consumption of a tobacco product, such as filters, rolling papers, pipes, blunt or hemp wraps, and liquids used in electronic smoking devices, whether or not they contain nicotine. The phrase does not include any product that is a drug, device, or combination product, as those terms are defined or described in 21 U.S.C. 321 and 353(g). H. “Vapor product.” Means a product, other than a cigarette or other tobacco product as defined in Ohio R.C. Chapter 5743, that contains or is made or derived from nicotine and that is intended and marketed for human consumption, including by smoking, inhaling, snorting, or sniffing. The phrase includes any component, part, or additive that is intended for use in an electronic smoking device, a mechanical heating element, battery, or electronic circuit and is used to deliver the product. The phrase does not include any product that is a drug, device, or combination product, as those terms are defined or described in 21 U.S.C. 321 and 353(g). The phrase includes any product containing nicotine, regardless of concentration. I. “Vending machine.” Has the same meaning as “coin machine” in Ohio R.C. 2913.01. (2) No manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes, no agent, employee, or representative of a manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes, and no other person shall do any of the following: A. Give, sell, or otherwise distribute cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes: 1. To any person under twenty-one years of age; or 2. Without first verifying proof of age. B. Give away, sell, or distribute cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes in any place that does not have posted in a conspicuous place a legibly printed sign in letters at least one-half inch high stating that giving, selling, or otherwise distributing cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to a person under twenty-one years of age is prohibited by law; C. Knowingly furnish any false information regarding the name, age, or other identification of any person under twenty-one years of age with purpose to obtain cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes for that person; D. Manufacture, sell, or distribute in this state any pack or other container of cigarettes containing fewer than twenty cigarettes or any package of roll-your-own tobacco containing less than six-tenths of one ounce of tobacco; E. Sell cigarettes or alternative nicotine products in a smaller quantity than that placed in the pack or other container by the manufacturer; F. Give, sell, or otherwise distribute alternative nicotine products, papers used to roll cigarettes, or tobacco products other than cigarettes over the internet or through another remote method without age verification. G. Allow an employee under eighteen years of age to sell any tobacco product; H. Give away or otherwise distribute free samples of cigarettes, other tobacco products, alternative nicotine products, or coupons redeemable for cigarettes, other tobacco products or alternative tobacco products. (3) No person shall sell or offer to sell cigarettes, other tobacco products, or alternative nicotine products by or from a vending machine, except in the following locations: A. An area within a factory, business, office, or other place not open to the general public; B. An area to which persons under twenty-one years of age are not generally permitted access; C. Any other place not identified in subsection (a)(3)A. or B. of this section, upon all of the following conditions: 1. The vending machine is located within the immediate vicinity, plain view, and control of the person who owns or operates the place, or an employee of that person, so that all cigarettes, other tobacco product, and alternative nicotine product purchases from the vending machine will be readily observed by the person who owns or operates the place or an employee of that person. For the purpose of this section, a vending machine located in any unmonitored area, including an unmonitored coatroom, restroom, hallway, or outer waiting area, shall not be considered located within the immediate vicinity, plain view, and control of the person who owns or operates the place, or an employee of that person. 2. The vending machine is inaccessible to the public when the place is closed. 3\. A clearly visible notice is posted in the area where the vending machine is located that states the following in letters that are legibly printed and at least one-half inch high: “It is illegal for any person under the age of twenty-one to purchase tobacco or alternative nicotine products.” (4) The following are affirmative defenses to a charge under subsection (a)(2)A. of this section: A. The person under twenty-one years of age was accompanied by a parent, spouse who is twenty-one years of age or older, or legal guardian of the person under twenty-one years of age. B. The person who gave, sold, or distributed cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to a person under twenty-one years of age under subsection (a)(2)A. of this section is a parent, spouse who is twenty-one years of age or older, or legal guardian of the person under twenty-one years of age. (5) A. It is not a violation of subsection (a)(2)A. or B. of this section for a person to give or otherwise distribute to a person under twenty-one years of age cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes while the person under twenty-one years of age is participating in a research protocol if all of the following apply: 1. The parent, guardian, or legal custodian of the person under twenty-one years of age has consented in writing to the person under twenty-one years of age participating in the research protocol. 2. An institutional human subjects protection review board, or an equivalent entity, has approved the research protocol. 3. The person under twenty-one years of age is participating in the research protocol at the facility or location specified in the research protocol. B. It is not a violation of subsection (a)(2)A. or B. of this section for an employer to permit an employee eighteen, nineteen or twenty years of age to sell a tobacco product. (6) A. No delivery service shall accept from, transport or deliver to, or allow pick-up by, a person under twenty-one years of age with respect to any of the following: 1. Alternative nicotine products; 2. Papers used to roll cigarettes; 3. Tobacco products other than cigarettes. B. A delivery service shall require proof of age as a condition of accepting, transporting, delivering, or allowing pickup of the items described in subsections (a)(6)A1. to 3. of this section. (7) Whoever violates subsections (a)(2)A., B., D., E., F., G., H., (3) or (6) of this section is guilty of illegal distribution of cigarettes, other tobacco products, or alternative nicotine products. Except as otherwise provided in this division, illegal distribution of cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the fourth degree. If the offender previously has been convicted of or pleaded guilty to illegal distribution of cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the third degree. (8) A. Notwithstanding Ohio R.C. 2929.28(A)(2), if an offender is convicted of or pleads guilty to a violation of subsection (a)(2)A. of this section, the court shall impose a fine in the following amount: 1. Except as otherwise provided in subsections (a)(8)A.2., (a)(8)A.3., (a)(8)A.4., and (a)(8)A.5. of this section, not more than two hundred fifty dollars ($250.00); 2. Except as otherwise provided in subsections (a)(8)A.3., (a)(8)A.4., and (a)(8)A.5. of this section, if an offender has previously been convicted of or pleaded guilty to a violation of subsection (a)(2)A. of this section or a substantially equivalent state law or municipal ordinance, not more than five hundred dollars ($500.00); 3. Except as otherwise provided in subsections (a)(8)A.4. and (a)(8)A.5. of this section, if an offender previously has been convicted of or pleaded guilty to two or more violations of subsection (a)(2)A. of this section or a substantially equivalent state law or municipal ordinance, five hundred dollars ($500.00); 4. Except as otherwise provided in subsection (a)(8)A.5. of this section, if an offender previously has been convicted of or pleaded guilty to three or more violations of subsection (a)(2)A. of this section or a substantially equivalent state law or municipal ordinance, one thousand dollars ($1,000.00); 5. If an offender previously has been convicted of or pleaded guilty to four or more violations of subsection (a)(2)A. of this section or a substantially equivalent state law or municipal ordinance, one thousand five hundred dollars ($1,500), B. The financial sanctions required by subsection (a)(8)A. of this section are in lieu of the financial sanctions described in Ohio R.C. 2929.28(A)(2), but are in addition to any other sanctions or penalties that may apply to the offender, including other financial sanctions under that section or a jail term under Ohio R.C. 2929.24. (9) Whoever violates subsection (a)(2)C. of this section is guilty of permitting a person under twenty-one years of age to use cigarettes, other tobacco products, or alternative nicotine products. Except as otherwise provided in this division, permitting a person under twenty-one years of age to use cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the fourth degree. If the offender previously has been convicted of a violation of subsection (a)(2)C. of this section or a substantially equivalent state law or municipal ordinance, permitting a person under twenty-one years of age to use cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the third degree. (10) Any cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes that are given, sold, or otherwise distributed to a person under twenty-one years of age in violation of this section and that are used, possessed, purchased, or received by a person under twenty-one years of age in violation of Ohio R.C. 2151.87 are subject to seizure and forfeiture as contraband under Ohio R.C. Chapter 2981. (ORC 2927.02) (b) Transaction Scan. (1) For the purpose of this subsection (b) and subsection (c) of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. A. “Card holder.” Any person who presents a driver’s or commercial driver’s license or an identification card to a seller, or an agent or employee of a seller, to purchase or receive cigarettes, other tobacco products, or alternative nicotine products from a seller, agent or employee. B. “Identification card.” An identification card issued under Ohio R.C. 4507.50 to 4507.52. C. “Seller.” A seller of cigarettes, other tobacco products, or alternative nicotine products and includes any person whose gift of or other distribution of cigarettes, other tobacco products, or alternative nicotine products is subject to the prohibitions of subsection (a) of this section. D. “Transaction scan.” The process by which a seller or an agent or employee of a seller checks, by means of a transaction scan device, the validity of a driver’s or commercial driver’s license or an identification card that is presented as a condition for purchasing or receiving cigarettes, other tobacco products, or alternative nicotine products. E. “Transaction scan device.” Any commercial device or combination of devices used at a point of sale that is capable of deciphering in an electronically readable format the information encoded on the magnetic strip or bar code of a driver’s or commercial driver’s license or an identification card. (2) A. A seller or an agent or employee of a seller may perform a transaction scan by means of a transaction scan device to check the validity of a driver’s or commercial driver’s license or identification card presented by a card holder as a condition for selling, giving away or otherwise distributing to the card holder cigarettes, other tobacco products, or alternative nicotine products. B. If the information deciphered by the transaction scan performed under subsection (b)(2)A. of this section fails to match the information printed on the driver’s or commercial driver’s license or identification card presented by the card holder, or if the transaction scan indicates that the information so printed is false or fraudulent, neither the seller nor any agent or employee of the seller shall sell, give away or otherwise distribute any cigarettes, other tobacco products, or alternative nicotine products to the card holder. C. Subsection (b)(2)A. of this section does not preclude a seller or an agent or employee of a seller from using a transaction scan device to check the validity of a document other than a driver’s or commercial driver’s license or identification card, if the document includes a bar code or magnetic strip that may be scanned by the device, as a condition for selling, giving away or otherwise distributing cigarettes, other tobacco products, or alternative nicotine products to the person presenting the document. (3) Rules adopted by the Registrar of Motor Vehicles under Ohio R.C. 4301.61(C) apply to the use of transaction scan devices for purposes of this subsection (b) and subsection (c) of this section. (4) A. No seller or agent or employee of a seller shall electronically or mechanically record or maintain any information derived from a transaction scan, except for the following: 1. The name and date of birth of the person listed on the driver’s or commercial driver’s license or identification card presented by the card holder; 2. The expiration date and identification number of the driver’s or commercial driver’s license or identification card presented by the card holder. B. No seller or agent or employee of a seller shall use the information that is derived from a transaction scan or that is permitted to be recorded and maintained under subsection (b)(4)A. of this section, except for purposes of subsection (c) of this section. C. No seller or agent or employee of a seller shall use a transaction scan device for a purpose other than the purpose specified in subsection (c)(2)A. of this section. D. No seller or agent or employee of a seller shall sell or otherwise disseminate the information derived from a transaction scan to any third party, including but not limited to selling or otherwise disseminating that information for any marketing, advertising or promotional activities, but a seller or agent or employee of a seller may release that information pursuant to a court order or as specifically authorized by subsection (c) of this section or another section of these Codified Ordinances or the Ohio Revised Code. (5) Nothing in this subsection (b) or subsection (c) of this section relieves a seller or an agent or employee of a seller of any responsibility to comply with any other applicable local, state or federal laws or rules governing the sale, giving away or other distribution of cigarettes, other tobacco products, or alternative nicotine products. (6) Whoever violates subsection (b)(2)B. or (b)(4) of this section is guilty of engaging in an illegal tobacco product or alternative nicotine product transaction scan, and the court may impose upon the offender a civil penalty of up to one thousand dollars ($1,000) for each violation. The Clerk of the Court shall pay each collected civil penalty to the County Treasurer for deposit into the County Treasury. (ORC 2927.021) (c) Affirmative Defenses. (1) A seller or an agent or employee of a seller may not be found guilty of a charge of a violation of subsection (a) of this section in which the age of the purchaser or other recipient of cigarettes, other tobacco products, or alternative nicotine products is an element of the alleged violation, if the seller, agent or employee raises and proves as an affirmative defense that all of the following occurred: A. A card holder attempting to purchase or receive cigarettes, other tobacco products, or alternative nicotine products presented a driver’s or commercial driver’s license or an identification card. B. A transaction scan of the driver’s or commercial driver’s license or identification card that the card holder presented indicated that the license or card was valid. C. The cigarettes, other tobacco products, or alternative nicotine products were sold, given away or otherwise distributed to the card holder in reasonable reliance upon the identification presented and the completed transaction scan. (2) In determining whether a seller or an agent or employee of a seller has proven the affirmative defense provided by subsection (c)(1) of this section, the trier of fact in the action for the alleged violation of subsection (a) of this section shall consider any written policy that the seller has adopted and implemented and that is intended to prevent violations of subsection (a) of this section. For purposes of subsection (c)(1)C. of this section, the trier of fact shall consider that reasonable reliance upon the identification presented and the completed transaction scan may require a seller or an agent or employee of a seller to exercise reasonable diligence to determine, and that the use of a transaction scan device does not excuse a seller or an agent or employee of a seller from exercising reasonable diligence to determine, the following: A. Whether a person to whom the seller or agent or employee of a seller sells, gives away or otherwise distributes cigarettes, other tobacco products, or alternative nicotine products is twenty-one years of age or older; B. Whether the description and picture appearing on the driver’s or commercial driver’s license or identification card presented by a card holder is that of the card holder. (3) In any criminal action in which the affirmative defense provided by subsection (c)(1) of this section is raised, the Registrar of Motor Vehicles or a Deputy Registrar who issued an identification card under Ohio R.C. 4507.50 to 4507.52 shall be permitted to submit certified copies of the records of that issuance in lieu of the testimony of the personnel of or contractors with the Bureau of Motor Vehicles in the action. (ORC 2927.022) (d) Shipment of Tobacco Products. (1) As used in this subsection (d): A. “Authorized recipient of tobacco products” means: 1. In the case of cigarettes, a person who is: a. Licensed as a cigarette wholesale dealer under Ohio R.C. 5743.15; b. Licensed as a retail dealer as long as the person purchases cigarettes with the appropriate tax stamp affixed; c. An export warehouse proprietor as defined in Internal Revenue Code Section 5702; d. An operator of a customs bonded warehouse under 19 U.S.C. Section 1311 or 19 U.S.C. Section 1555; e. An officer, employee, or agent of the federal government or of this state acting in the person's official capacity; f. A department, agency, instrumentality, or political subdivision of the federal government or of this state; g. A person having a consent for consumer shipment issued by the Ohio Tax Commissioner under Ohio R.C. 5743.71. 2. In the case of electronic smoking devices or vapor products, a person who is: a. Licensed as a distributor of tobacco or vapor products under Ohio R.C. 5743.61; b. A retail dealer of vapor products, as defined in Ohio R.C. 5741.01(C)(3), that is not licensed as a vapor distributor, as long as the tax levied by Ohio R.C. 5743.51, 5743.62, or 5743.63, as applicable, has been paid; c. An operator of a customs bonded warehouse under 19 U.S.C. Section 1311 or 19 U.S.C. Section 1555; d. An officer, employee, or agent of the federal government or of this state acting in the person's official capacity; e. A department, agency, instrumentality, or political subdivision of the federal government or of this state. B. “Motor Carrier,” Has the same meaning as in Ohio R.C. 4923.01. (2) The purpose of this section is to prevent the sale of cigarettes, electronic smoking devices, and vapor products to minors and to ensure compliance with the Master Settlement Agreement, as defined in Ohio R.C. 1346.01. (3) A. No person shall cause to be shipped any cigarettes, electronic smoking devices, and vapor products to any person in this municipality other than an authorized recipient of tobacco products. B. No motor carrier, or other person shall knowingly transport cigarettes, electronic smoking devices, and vapor products to any person in this municipality that the carrier or other person reasonably believes is not an authorized recipient of tobacco products. If cigarettes, electronic smoking devices, and vapor products are transported to a home or residence, it shall be presumed that the motor carrier, or other person knew that the person to whom the cigarettes, electronic smoking devices, and vapor products were delivered was not an authorized recipient of tobacco products. (4) No person engaged in the business of selling cigarettes, electronic smoking devices, and vapor products who ships or causes to be shipped cigarettes, electronic smoking devices, and vapor products to any person in this municipality in any container or wrapping other than the original container or wrapping shall fail to plainly and visibly mark the exterior of the container or wrapping in which the cigarettes, electronic smoking devices, and vapor products are shipped with the words ”cigarettes”, ”electronic smoking devices”, or “vapor products”, as applicable. (5) A court shall impose a fine of up to one thousand dollars ($1,000) for each violation of subsection (d)(3)A., (d)(3)B. or (d)(4) of this section. (ORC 2927.023) (e) Furnishing False Information to Obtain Tobacco Products. (1) No person who is eighteen years of age or older but younger than twenty-one years of age shall knowingly furnish false information concerning that person’s name, age, or other identification for the purpose of obtaining tobacco products. (2) Whoever violates subsection (e)(1) of this section is guilty of furnishing false information to obtain tobacco products. Except as otherwise provided in this division, furnishing false information to obtain tobacco products is a misdemeanor of the fourth degree. If the offender previously has been convicted of or pleaded guilty to a violation of subsection (e)(1) of this section or a substantially equivalent state law or municipal ordinance, furnishing false information to obtain tobacco products is a misdemeanor of the third degree. (ORC 2927.024) Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588. Hosted by: American Legal Publishing Back to Code Library Previous Doc Next Doc 0 items available --- ## Detected legislative history - Ordinances of Sheffield Lake, OH - ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO - ORDINANCE NO. 116-84 - ORDINANCES OF SHEFFIELD LAKE - orderly Conduct and Peace Disturbance - ORDER - ordinance or law of this or any other state or the United States that is substantially similar to domestic violence, a violation of Ohio R - ordinance or law of this or any other state or the United States that is substantially similar to any of those sections if the victim of the violation was a family or household member at the - Ord. 63-71 - order issued or consent agreement approved pursuant to Ohio R - order issued pursuant to Ohio R - order issued by a court of another state - order - order is a misdemeanor of the first degree - order is a felony and shall be prosecuted under State law if the offender previously has been convicted of, pleaded guilty to, or been adjudicated a delinquent child for any of the fo - order or consent agreement; - order or consent agreement while committing a felony offense, violating a protection order is a felony and shall be prosecuted under appropriate state law - order violated by the offender was an order issued pursuant to Ohio R - order that the offender pay the costs of the installation of the electronic monitoring device and the cost of monitoring the electronic monitoring device - order issued by a court of another state does not comply with the requirements specified in 18 U - order that must be accorded full faith and credit by a court of this State or that it is not entitled to full faith and credit under 18 U - order or consent agreement was served on the defendant if the prosecution proves that the defendant was shown the protection order or consent agreement or a copy of either or a judge, - order or consent agreement had been issued, and proves that the defendant recklessly violated the terms of the order or agreement - order issued by a court of another state” means an injunction or another order issued by a criminal court of another state for the purpose of preventing violent or threatening acts or - order, and means an injunction or order of that nature issued by a civil court of another state, including a temporary order and a final order issued in an independent action or as a - order in a proceeding for other relief, if the court issued it in response to a complaint, petition or motion filed by or on behalf of a person seeking protection - order issued by a court of another state” does not include an order for support or for custody of a child - ordinance, not more than five hundred dollars ($500 - ordinance, five hundred dollars ($500 - ordinance, one thousand dollars ($1,000 - ordinance, one thousand five hundred dollars ($1,500), - ordinance, permitting a person under twenty-one years of age to use cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the third degree - adopted by the Registrar of Motor Vehicles under Ohio R - ord or maintain any information derived from a transaction scan, except for the following: - orded and maintained under subsection (b)(4)A - order or as specifically authorized by subsection (c) of this section or another section of these Codified Ordinances or the Ohio Revised Code - adopted and implemented and that is intended to prevent violations of subsection (a) of this section - ords of that issuance in lieu of the testimony of the personnel of or contractors with the Bureau of Motor Vehicles in the action - ords ”cigarettes”, ”electronic smoking devices”, or “vapor products”, as applicable - ordinance, furnishing false information to obtain tobacco products is a misdemeanor of the third degree - Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality - Ordinances should be consulted prior to any action being taken - Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588 --- *Imported automatically by MunicipalWiki. The original publisher remains the authoritative source pending legal normalization and verification.* # 537.17 TEMPORARY PROTECTION ORDER. # 537.17 TEMPORARY PROTECTION ORDER.
Document typesection
Identifier537.17
Citation§ 537.17
Ordinances detectedS, 116-84, ER, OR, 63-71, INANCE
Original source[American Legal Publishing](https://codelibrary.amlegal.com/codes/sheffieldlake/latest/sheffieldlake_oh/0-0-0-11897)
Content hash`0de77d2f4290fa0e1531c63197ccaa0bb524e151a32ce39cd71040197db7da12`
--- Skip to main content Search Sitemap Login Select Language Resources Skip to code content (skip section selection) 2025-04 (current) Sheffield Lake Overview Codified Ordinances of Sheffield Lake, OH CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO CERTIFICATION ROSTER OF OFFICIALS ADOPTING ORDINANCE NO. 116-84 COMPARATIVE SECTION TABLE TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE CHARTER PART ONE - ADMINISTRATIVE CODE PART THREE - TRAFFIC CODE PART FIVE - GENERAL OFFENSES CODE CHAPTER 501 General Provisions and Penalty CHAPTER 505 Animals and Fowl CHAPTER 509 Disorderly Conduct and Peace Disturbance CHAPTER 513 Drug Abuse Control CHAPTER 517 Gambling CHAPTER 521 Health, Safety and Sanitation CHAPTER 525 Law Enforcement and Public Office CHAPTER 529 Liquor Control CHAPTER 531 Noise Control CHAPTER 533 Obscenity and Sex Offenses CHAPTER 537 Offenses Against Persons 537.01 NEGLIGENT HOMICIDE. 537.02 VEHICULAR HOMICIDE AND MANSLAUGHTER. 537.021 VEHICULAR ASSAULT IN A CONSTRUCTION ZONE. 537.03 ASSAULT. 537.04 NEGLIGENT ASSAULT. 537.05 AGGRAVATED MENACING. 537.051 MENACING BY STALKING. 537.06 MENACING. 537.07 ENDANGERING CHILDREN. 537.08 UNLAWFUL RESTRAINT. 537.09 COERCION. 537.10 TELECOMMUNICATION HARASSMENT. 537.11 THREATENING OR HARASSING TELEPHONE CALLS. 537.12 MISUSE OF 9-1-1 SYSTEM. 537.13 ADULTERATING OF OR FURNISHING ADULTERATED FOOD OR CONFECTION. 537.14 DOMESTIC VIOLENCE. 537.15 ANNOYING BUILDING OCCUPANTS. 537.16 MOLESTING OR INSULTING PERSONS. 537.17 TEMPORARY PROTECTION ORDER. 537.18 ILLEGAL DISTRIBUTION OF CIGARETTES, OTHER TOBACCO PRODUCTS, OR ALTERNATE NICOTINE PRODUCTS; TRANSACTION SCANS. 537.19 RESERVED. 537.20 CONTRIBUTING TO UNRULINESS OR DELINQUENCY OF A CHILD. 537.21 HAZING PROHIBITED. 537.22 ILLEGAL USE OF A TRACKING DEVICE OR APPLICATION. 537.99 PENALTY. CHAPTER 541 Property Offenses CHAPTER 545 Theft and Fraud CHAPTER 549 Weapons and Explosives CHAPTER 553 Railroads CHAPTER 557 Watercraft CHAPTER 561 Weeds and Grass PART SEVEN - BUSINESS REGULATION CODE PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE PART ELEVEN - PLANNING AND ZONING CODE PART THIRTEEN - BUILDING CODE PART FIFTEEN - FIRE PREVENTION CODE OH Sheffield Lake Codified Ordinances of Sheffield Lake, OH 537.17 TEMPORARY PROTECTION ORDER. CHAPTER 537 Offenses Against Persons 537.14 DOMESTIC VIOLENCE. (a) No person shall knowingly cause or attempt to cause physical harm to a family or household member. (b) No person shall recklessly cause serious physical harm to a family or household member. (c) No person, by threat of force, shall knowingly cause a family or household member to believe that the offender will cause imminent physical harm to the family or household member. (d) (1) Whoever violates this section is guilty of domestic violence. (2) Except as otherwise provided in subsection (d)(3) to (5) of this section, a violation of subsection (c) of this section is a misdemeanor of the fourth degree, and a violation of subsection (a) or (b) of this section is a misdemeanor of the first degree. (3) Except as otherwise provided in subsection (d)(4) of this section, if the offender previously has pleaded guilty to or been convicted of domestic violence, a violation of an existing or former municipal ordinance or law of this or any other state or the United States that is substantially similar to domestic violence, a violation of Ohio R.C. 2903.14, 2909.06, 2909.07, 2911.12, 2911.211, or 2919.22 if the victim of the violation was a family or household member at the time of the violation, a violation of an existing or former municipal ordinance or law of this or any other state or the United States that is substantially similar to any of those sections if the victim of the violation was a family or household member at the time of the commission of the violation, or any offense of violence if the victim of the offense was a family or household member at the time of the commission of the offense, a violation of subsection (a) or (b) of this section is a felony and shall be prosecuted under appropriate state law, and a violation of subsection (c) of this section is a misdemeanor of the second degree. (4) If the offender previously has pleaded guilty to or been convicted of two or more offenses of domestic violence or two or more violations or offenses of the type described in subsection (d)(3) of this section involving a person who was a family or household member at the time of the violations or offenses, a violation of subsection (a) or (b) of this section is a felony to be prosecuted under appropriate state law. A violation of subsection (c) of this section is a misdemeanor of the first degree. If the offender previously has pleaded guilty to or been convicted of two or more offenses of domestic violence or two or more violations or offenses of the type described in subsection (d)(3) of this section involving a person who was a family or household member at the time of the violations or offenses, and the offender knew that the victim of the violation was pregnant at the time of the violation, a violation of subsection (a) or (b) of this section is a felony to be prosecuted under appropriate state law. (5) Except as otherwise provided in subsection (d)(3) or (4) of this section, if the offender knew that the victim of the violation was pregnant at the time of the violation, a violation of subsection (a) or (b) of this section is a felony and shall be prosecuted under appropriate State law, and a violation of subsection (c) of this section is a misdemeanor of the third degree. (e) Notwithstanding any provision of law to the contrary, no court or unit of local government shall charge any fee, cost, deposit, or money in connection with the filing of charges against a person alleging that the person violated this section or in connection with the prosecution of any charges so filed. (f) As used in this section: (1) "Family or household member" means any of the following: A. Any of the following who is residing or has resided with the offender: 1. A spouse, a person living as a spouse or a former spouse of the offender; 2. A parent, a foster parent or a child of the offender, or another person related by consanguinity or affinity to the offender; 3. A parent, or a child of a spouse, person living as a spouse, or former spouse of the offender; or another person related by consanguinity or affinity to a spouse, person living as a spouse or former spouse of the offender. B. The natural parent of any child of whom the offender is the other natural parent or is the putative other natural parent. (2) "Person living as a spouse" means a person who is living or has lived with the offender in a common law marital relationship, who otherwise is cohabiting with the offender, or who otherwise has cohabited with the offender within five years prior to the date of the alleged commission of the act in question. (ORC 2919.25) (g) The same relief available under the Ohio Revised Code for filing a complaint for violation of Ohio R.C. 2919.25 shall be available for filing a complaint for violation of this section. 537.15 ANNOYING BUILDING OCCUPANTS. (a) No person, without proper occasion, shall disturb or annoy the occupants of any dwelling, building, store or other place by knocking on the door, gate or window of such structure, or by ringing the doorbell attached thereto. (Ord. 63-71. Passed 9-14-71.) (b) Whoever violates this section is guilty of a misdemeanor of the fourth degree. 537.16 MOLESTING OR INSULTING PERSONS. (a) No person shall, unreasonably and without lawful purpose, follow, pursue, lay hands on or otherwise molest or insult any other person. (b) Whoever violates this section is guilty of a misdemeanor of the fourth degree. 537.17 TEMPORARY PROTECTION ORDER. (a) No person shall recklessly violate the terms of any of the following: (1) A protection order issued or consent agreement approved pursuant to Ohio R.C. 2919.26 or 3113.31; (2) A protection order issued pursuant to Ohio R.C. 2151.34, 2903.213 or 2903.214; (3) A protection order issued by a court of another state. (b) (1) Whoever violates this section is guilty of violating a protection order. (2) Except as otherwise provided in subsection (b)(3) of this section, violating a protection order is a misdemeanor of the first degree. (3) Violating a protection order is a felony and shall be prosecuted under State law if the offender previously has been convicted of, pleaded guilty to, or been adjudicated a delinquent child for any of the following: A. A violation of a protection order issued or consent agreement approved pursuant to Ohio R.C. 2151.34, 2903.213, 2903.214, 2919.26, or 3113.31; B. Two or more violations of Ohio R.C. 2903.21, 2903.211, 2903.22, or 2911.211 or any combination of those offenses that involved the same person who is the subject of the protection order or consent agreement; C. One or more violations of this section. (4) If the offender violates a protection order or consent agreement while committing a felony offense, violating a protection order is a felony and shall be prosecuted under appropriate state law. (5) If the protection order violated by the offender was an order issued pursuant to Ohio R.C. 2151.34 or 2903.214 that required electronic monitoring of the offender pursuant to that section, the court may require in addition to any other sentence imposed upon the offender that the offender be electronically monitored for a period not exceeding five years by a law enforcement agency designated by the court. If the court requires under this subsection that the offender be electronically monitored, unless the court determines that the offender is indigent, the court shall order that the offender pay the costs of the installation of the electronic monitoring device and the cost of monitoring the electronic monitoring device. (c) It is an affirmative defense to a charge under subsection (a)(3) of this section that the protection order issued by a court of another state does not comply with the requirements specified in 18 U.S.C. 2265(b) for a protection order that must be accorded full faith and credit by a court of this State or that it is not entitled to full faith and credit under 18 U.S.C. 2265(c). (d) In a prosecution for a violation of this section, it is not necessary for the prosecution to prove that the protection order or consent agreement was served on the defendant if the prosecution proves that the defendant was shown the protection order or consent agreement or a copy of either or a judge, magistrate, or law enforcement officer informed the defendant that a protection order or consent agreement had been issued, and proves that the defendant recklessly violated the terms of the order or agreement. (e) As used in this section, “protection order issued by a court of another state” means an injunction or another order issued by a criminal court of another state for the purpose of preventing violent or threatening acts or harassment against, contact or communication with, or physical proximity to another person, including a temporary order, and means an injunction or order of that nature issued by a civil court of another state, including a temporary order and a final order issued in an independent action or as a pendente lite order in a proceeding for other relief, if the court issued it in response to a complaint, petition or motion filed by or on behalf of a person seeking protection. “Protection order issued by a court of another state” does not include an order for support or for custody of a child. (ORC 2919.27) 537.18 ILLEGAL DISTRIBUTION OF CIGARETTES, OTHER TOBACCO PRODUCTS, OR ALTERNATE NICOTINE PRODUCTS; TRANSACTION SCANS. (a) Illegal Distribution of Cigarettes, Other Tobacco Products, or Alternative Nicotine Products. (1) As used in this section: A. “Age verification.” A service provided by an independent third party (other than a manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes) that compares information available from a commercially available database, or aggregate of databases, that regularly are used by government and businesses for the purpose of age and identity verification to personal information provided during an internet sale or other remote method of sale to establish that the purchaser is twenty-one years of age or older. B. “Alternative nicotine product.” 1. Subject to subsection (a)(1)B.2. of this section, an electronic smoking device, vapor product, or any other product or device that consists of or contains nicotine that can be ingested into the body by any means, including, but not limited to, chewing, smoking, absorbing, dissolving, or inhaling. 2. The phrase does not include any of the following: a. Any cigarette or other tobacco product; b. Any product that is a “drug” as that term is defined in 21 U.S.C. 321(g)(1); c. Any product that is a “device” as that term is defined in 21 U.S.C. 321(h); d. Any product that is a “combination product” as described in 21 U.S.C. 353(g). C. “Cigarette.” Includes clove cigarettes and hand-rolled cigarettes. D. “Distribute.” Means to furnish, give, or provide cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to the ultimate consumer of the cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes. E. “Electronic smoking device.” Means any device that can be used to deliver aerosolized or vaporized nicotine or any other substance to the person inhaling from the device including an electronic cigarette, electronic cigar, electronic hookah, vaping pen, or electronic pipe. The phrase includes any component, part, or accessory of such a device, whether or not sold separately, and includes any substance intended to be aerosolized or vaporized during the use of the device. The phrase does not include any product that is a drug, device, or combination product, as those terms are defined or described in 21 U.S.C. 321 and 353(g). F. “Proof of age.” Means a driver’s license, a commercial driver’s license, a military identification card, a passport, or an identification card issued under Ohio R.C. 4507.50 to 4507.52 that shows that a person is twenty-one years of age or older. G. “Tobacco product.” Means any product that is made or derived from tobacco or that contains any form of nicotine, if it is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled, or ingested by any other means, including, but not limited to, a cigarette, an electronic smoking device, a cigar, pipe tobacco, chewing tobacco, snuff, or snus. The phrase also means any component or accessory used in the consumption of a tobacco product, such as filters, rolling papers, pipes, blunt or hemp wraps, and liquids used in electronic smoking devices, whether or not they contain nicotine. The phrase does not include any product that is a drug, device, or combination product, as those terms are defined or described in 21 U.S.C. 321 and 353(g). H. “Vapor product.” Means a product, other than a cigarette or other tobacco product as defined in Ohio R.C. Chapter 5743, that contains or is made or derived from nicotine and that is intended and marketed for human consumption, including by smoking, inhaling, snorting, or sniffing. The phrase includes any component, part, or additive that is intended for use in an electronic smoking device, a mechanical heating element, battery, or electronic circuit and is used to deliver the product. The phrase does not include any product that is a drug, device, or combination product, as those terms are defined or described in 21 U.S.C. 321 and 353(g). The phrase includes any product containing nicotine, regardless of concentration. I. “Vending machine.” Has the same meaning as “coin machine” in Ohio R.C. 2913.01. (2) No manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes, no agent, employee, or representative of a manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes, and no other person shall do any of the following: A. Give, sell, or otherwise distribute cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes: 1. To any person under twenty-one years of age; or 2. Without first verifying proof of age. B. Give away, sell, or distribute cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes in any place that does not have posted in a conspicuous place a legibly printed sign in letters at least one-half inch high stating that giving, selling, or otherwise distributing cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to a person under twenty-one years of age is prohibited by law; C. Knowingly furnish any false information regarding the name, age, or other identification of any person under twenty-one years of age with purpose to obtain cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes for that person; D. Manufacture, sell, or distribute in this state any pack or other container of cigarettes containing fewer than twenty cigarettes or any package of roll-your-own tobacco containing less than six-tenths of one ounce of tobacco; E. Sell cigarettes or alternative nicotine products in a smaller quantity than that placed in the pack or other container by the manufacturer; F. Give, sell, or otherwise distribute alternative nicotine products, papers used to roll cigarettes, or tobacco products other than cigarettes over the internet or through another remote method without age verification. G. Allow an employee under eighteen years of age to sell any tobacco product; H. Give away or otherwise distribute free samples of cigarettes, other tobacco products, alternative nicotine products, or coupons redeemable for cigarettes, other tobacco products or alternative tobacco products. (3) No person shall sell or offer to sell cigarettes, other tobacco products, or alternative nicotine products by or from a vending machine, except in the following locations: A. An area within a factory, business, office, or other place not open to the general public; B. An area to which persons under twenty-one years of age are not generally permitted access; C. Any other place not identified in subsection (a)(3)A. or B. of this section, upon all of the following conditions: 1. The vending machine is located within the immediate vicinity, plain view, and control of the person who owns or operates the place, or an employee of that person, so that all cigarettes, other tobacco product, and alternative nicotine product purchases from the vending machine will be readily observed by the person who owns or operates the place or an employee of that person. For the purpose of this section, a vending machine located in any unmonitored area, including an unmonitored coatroom, restroom, hallway, or outer waiting area, shall not be considered located within the immediate vicinity, plain view, and control of the person who owns or operates the place, or an employee of that person. 2. The vending machine is inaccessible to the public when the place is closed. 3\. A clearly visible notice is posted in the area where the vending machine is located that states the following in letters that are legibly printed and at least one-half inch high: “It is illegal for any person under the age of twenty-one to purchase tobacco or alternative nicotine products.” (4) The following are affirmative defenses to a charge under subsection (a)(2)A. of this section: A. The person under twenty-one years of age was accompanied by a parent, spouse who is twenty-one years of age or older, or legal guardian of the person under twenty-one years of age. B. The person who gave, sold, or distributed cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to a person under twenty-one years of age under subsection (a)(2)A. of this section is a parent, spouse who is twenty-one years of age or older, or legal guardian of the person under twenty-one years of age. (5) A. It is not a violation of subsection (a)(2)A. or B. of this section for a person to give or otherwise distribute to a person under twenty-one years of age cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes while the person under twenty-one years of age is participating in a research protocol if all of the following apply: 1. The parent, guardian, or legal custodian of the person under twenty-one years of age has consented in writing to the person under twenty-one years of age participating in the research protocol. 2. An institutional human subjects protection review board, or an equivalent entity, has approved the research protocol. 3. The person under twenty-one years of age is participating in the research protocol at the facility or location specified in the research protocol. B. It is not a violation of subsection (a)(2)A. or B. of this section for an employer to permit an employee eighteen, nineteen or twenty years of age to sell a tobacco product. (6) A. No delivery service shall accept from, transport or deliver to, or allow pick-up by, a person under twenty-one years of age with respect to any of the following: 1. Alternative nicotine products; 2. Papers used to roll cigarettes; 3. Tobacco products other than cigarettes. B. A delivery service shall require proof of age as a condition of accepting, transporting, delivering, or allowing pickup of the items described in subsections (a)(6)A1. to 3. of this section. (7) Whoever violates subsections (a)(2)A., B., D., E., F., G., H., (3) or (6) of this section is guilty of illegal distribution of cigarettes, other tobacco products, or alternative nicotine products. Except as otherwise provided in this division, illegal distribution of cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the fourth degree. If the offender previously has been convicted of or pleaded guilty to illegal distribution of cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the third degree. (8) A. Notwithstanding Ohio R.C. 2929.28(A)(2), if an offender is convicted of or pleads guilty to a violation of subsection (a)(2)A. of this section, the court shall impose a fine in the following amount: 1. Except as otherwise provided in subsections (a)(8)A.2., (a)(8)A.3., (a)(8)A.4., and (a)(8)A.5. of this section, not more than two hundred fifty dollars ($250.00); 2. Except as otherwise provided in subsections (a)(8)A.3., (a)(8)A.4., and (a)(8)A.5. of this section, if an offender has previously been convicted of or pleaded guilty to a violation of subsection (a)(2)A. of this section or a substantially equivalent state law or municipal ordinance, not more than five hundred dollars ($500.00); 3. Except as otherwise provided in subsections (a)(8)A.4. and (a)(8)A.5. of this section, if an offender previously has been convicted of or pleaded guilty to two or more violations of subsection (a)(2)A. of this section or a substantially equivalent state law or municipal ordinance, five hundred dollars ($500.00); 4. Except as otherwise provided in subsection (a)(8)A.5. of this section, if an offender previously has been convicted of or pleaded guilty to three or more violations of subsection (a)(2)A. of this section or a substantially equivalent state law or municipal ordinance, one thousand dollars ($1,000.00); 5. If an offender previously has been convicted of or pleaded guilty to four or more violations of subsection (a)(2)A. of this section or a substantially equivalent state law or municipal ordinance, one thousand five hundred dollars ($1,500), B. The financial sanctions required by subsection (a)(8)A. of this section are in lieu of the financial sanctions described in Ohio R.C. 2929.28(A)(2), but are in addition to any other sanctions or penalties that may apply to the offender, including other financial sanctions under that section or a jail term under Ohio R.C. 2929.24. (9) Whoever violates subsection (a)(2)C. of this section is guilty of permitting a person under twenty-one years of age to use cigarettes, other tobacco products, or alternative nicotine products. Except as otherwise provided in this division, permitting a person under twenty-one years of age to use cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the fourth degree. If the offender previously has been convicted of a violation of subsection (a)(2)C. of this section or a substantially equivalent state law or municipal ordinance, permitting a person under twenty-one years of age to use cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the third degree. (10) Any cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes that are given, sold, or otherwise distributed to a person under twenty-one years of age in violation of this section and that are used, possessed, purchased, or received by a person under twenty-one years of age in violation of Ohio R.C. 2151.87 are subject to seizure and forfeiture as contraband under Ohio R.C. Chapter 2981. (ORC 2927.02) (b) Transaction Scan. (1) For the purpose of this subsection (b) and subsection (c) of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. A. “Card holder.” Any person who presents a driver’s or commercial driver’s license or an identification card to a seller, or an agent or employee of a seller, to purchase or receive cigarettes, other tobacco products, or alternative nicotine products from a seller, agent or employee. B. “Identification card.” An identification card issued under Ohio R.C. 4507.50 to 4507.52. C. “Seller.” A seller of cigarettes, other tobacco products, or alternative nicotine products and includes any person whose gift of or other distribution of cigarettes, other tobacco products, or alternative nicotine products is subject to the prohibitions of subsection (a) of this section. D. “Transaction scan.” The process by which a seller or an agent or employee of a seller checks, by means of a transaction scan device, the validity of a driver’s or commercial driver’s license or an identification card that is presented as a condition for purchasing or receiving cigarettes, other tobacco products, or alternative nicotine products. E. “Transaction scan device.” Any commercial device or combination of devices used at a point of sale that is capable of deciphering in an electronically readable format the information encoded on the magnetic strip or bar code of a driver’s or commercial driver’s license or an identification card. (2) A. A seller or an agent or employee of a seller may perform a transaction scan by means of a transaction scan device to check the validity of a driver’s or commercial driver’s license or identification card presented by a card holder as a condition for selling, giving away or otherwise distributing to the card holder cigarettes, other tobacco products, or alternative nicotine products. B. If the information deciphered by the transaction scan performed under subsection (b)(2)A. of this section fails to match the information printed on the driver’s or commercial driver’s license or identification card presented by the card holder, or if the transaction scan indicates that the information so printed is false or fraudulent, neither the seller nor any agent or employee of the seller shall sell, give away or otherwise distribute any cigarettes, other tobacco products, or alternative nicotine products to the card holder. C. Subsection (b)(2)A. of this section does not preclude a seller or an agent or employee of a seller from using a transaction scan device to check the validity of a document other than a driver’s or commercial driver’s license or identification card, if the document includes a bar code or magnetic strip that may be scanned by the device, as a condition for selling, giving away or otherwise distributing cigarettes, other tobacco products, or alternative nicotine products to the person presenting the document. (3) Rules adopted by the Registrar of Motor Vehicles under Ohio R.C. 4301.61(C) apply to the use of transaction scan devices for purposes of this subsection (b) and subsection (c) of this section. (4) A. No seller or agent or employee of a seller shall electronically or mechanically record or maintain any information derived from a transaction scan, except for the following: 1. The name and date of birth of the person listed on the driver’s or commercial driver’s license or identification card presented by the card holder; 2. The expiration date and identification number of the driver’s or commercial driver’s license or identification card presented by the card holder. B. No seller or agent or employee of a seller shall use the information that is derived from a transaction scan or that is permitted to be recorded and maintained under subsection (b)(4)A. of this section, except for purposes of subsection (c) of this section. C. No seller or agent or employee of a seller shall use a transaction scan device for a purpose other than the purpose specified in subsection (c)(2)A. of this section. D. No seller or agent or employee of a seller shall sell or otherwise disseminate the information derived from a transaction scan to any third party, including but not limited to selling or otherwise disseminating that information for any marketing, advertising or promotional activities, but a seller or agent or employee of a seller may release that information pursuant to a court order or as specifically authorized by subsection (c) of this section or another section of these Codified Ordinances or the Ohio Revised Code. (5) Nothing in this subsection (b) or subsection (c) of this section relieves a seller or an agent or employee of a seller of any responsibility to comply with any other applicable local, state or federal laws or rules governing the sale, giving away or other distribution of cigarettes, other tobacco products, or alternative nicotine products. (6) Whoever violates subsection (b)(2)B. or (b)(4) of this section is guilty of engaging in an illegal tobacco product or alternative nicotine product transaction scan, and the court may impose upon the offender a civil penalty of up to one thousand dollars ($1,000) for each violation. The Clerk of the Court shall pay each collected civil penalty to the County Treasurer for deposit into the County Treasury. (ORC 2927.021) (c) Affirmative Defenses. (1) A seller or an agent or employee of a seller may not be found guilty of a charge of a violation of subsection (a) of this section in which the age of the purchaser or other recipient of cigarettes, other tobacco products, or alternative nicotine products is an element of the alleged violation, if the seller, agent or employee raises and proves as an affirmative defense that all of the following occurred: A. A card holder attempting to purchase or receive cigarettes, other tobacco products, or alternative nicotine products presented a driver’s or commercial driver’s license or an identification card. B. A transaction scan of the driver’s or commercial driver’s license or identification card that the card holder presented indicated that the license or card was valid. C. The cigarettes, other tobacco products, or alternative nicotine products were sold, given away or otherwise distributed to the card holder in reasonable reliance upon the identification presented and the completed transaction scan. (2) In determining whether a seller or an agent or employee of a seller has proven the affirmative defense provided by subsection (c)(1) of this section, the trier of fact in the action for the alleged violation of subsection (a) of this section shall consider any written policy that the seller has adopted and implemented and that is intended to prevent violations of subsection (a) of this section. For purposes of subsection (c)(1)C. of this section, the trier of fact shall consider that reasonable reliance upon the identification presented and the completed transaction scan may require a seller or an agent or employee of a seller to exercise reasonable diligence to determine, and that the use of a transaction scan device does not excuse a seller or an agent or employee of a seller from exercising reasonable diligence to determine, the following: A. Whether a person to whom the seller or agent or employee of a seller sells, gives away or otherwise distributes cigarettes, other tobacco products, or alternative nicotine products is twenty-one years of age or older; B. Whether the description and picture appearing on the driver’s or commercial driver’s license or identification card presented by a card holder is that of the card holder. (3) In any criminal action in which the affirmative defense provided by subsection (c)(1) of this section is raised, the Registrar of Motor Vehicles or a Deputy Registrar who issued an identification card under Ohio R.C. 4507.50 to 4507.52 shall be permitted to submit certified copies of the records of that issuance in lieu of the testimony of the personnel of or contractors with the Bureau of Motor Vehicles in the action. (ORC 2927.022) (d) Shipment of Tobacco Products. (1) As used in this subsection (d): A. “Authorized recipient of tobacco products” means: 1. In the case of cigarettes, a person who is: a. Licensed as a cigarette wholesale dealer under Ohio R.C. 5743.15; b. Licensed as a retail dealer as long as the person purchases cigarettes with the appropriate tax stamp affixed; c. An export warehouse proprietor as defined in Internal Revenue Code Section 5702; d. An operator of a customs bonded warehouse under 19 U.S.C. Section 1311 or 19 U.S.C. Section 1555; e. An officer, employee, or agent of the federal government or of this state acting in the person's official capacity; f. A department, agency, instrumentality, or political subdivision of the federal government or of this state; g. A person having a consent for consumer shipment issued by the Ohio Tax Commissioner under Ohio R.C. 5743.71. 2. In the case of electronic smoking devices or vapor products, a person who is: a. Licensed as a distributor of tobacco or vapor products under Ohio R.C. 5743.61; b. A retail dealer of vapor products, as defined in Ohio R.C. 5741.01(C)(3), that is not licensed as a vapor distributor, as long as the tax levied by Ohio R.C. 5743.51, 5743.62, or 5743.63, as applicable, has been paid; c. An operator of a customs bonded warehouse under 19 U.S.C. Section 1311 or 19 U.S.C. Section 1555; d. An officer, employee, or agent of the federal government or of this state acting in the person's official capacity; e. A department, agency, instrumentality, or political subdivision of the federal government or of this state. B. “Motor Carrier,” Has the same meaning as in Ohio R.C. 4923.01. (2) The purpose of this section is to prevent the sale of cigarettes, electronic smoking devices, and vapor products to minors and to ensure compliance with the Master Settlement Agreement, as defined in Ohio R.C. 1346.01. (3) A. No person shall cause to be shipped any cigarettes, electronic smoking devices, and vapor products to any person in this municipality other than an authorized recipient of tobacco products. B. No motor carrier, or other person shall knowingly transport cigarettes, electronic smoking devices, and vapor products to any person in this municipality that the carrier or other person reasonably believes is not an authorized recipient of tobacco products. If cigarettes, electronic smoking devices, and vapor products are transported to a home or residence, it shall be presumed that the motor carrier, or other person knew that the person to whom the cigarettes, electronic smoking devices, and vapor products were delivered was not an authorized recipient of tobacco products. (4) No person engaged in the business of selling cigarettes, electronic smoking devices, and vapor products who ships or causes to be shipped cigarettes, electronic smoking devices, and vapor products to any person in this municipality in any container or wrapping other than the original container or wrapping shall fail to plainly and visibly mark the exterior of the container or wrapping in which the cigarettes, electronic smoking devices, and vapor products are shipped with the words ”cigarettes”, ”electronic smoking devices”, or “vapor products”, as applicable. (5) A court shall impose a fine of up to one thousand dollars ($1,000) for each violation of subsection (d)(3)A., (d)(3)B. or (d)(4) of this section. (ORC 2927.023) (e) Furnishing False Information to Obtain Tobacco Products. (1) No person who is eighteen years of age or older but younger than twenty-one years of age shall knowingly furnish false information concerning that person’s name, age, or other identification for the purpose of obtaining tobacco products. (2) Whoever violates subsection (e)(1) of this section is guilty of furnishing false information to obtain tobacco products. Except as otherwise provided in this division, furnishing false information to obtain tobacco products is a misdemeanor of the fourth degree. If the offender previously has been convicted of or pleaded guilty to a violation of subsection (e)(1) of this section or a substantially equivalent state law or municipal ordinance, furnishing false information to obtain tobacco products is a misdemeanor of the third degree. (ORC 2927.024) Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588. Hosted by: American Legal Publishing Back to Code Library Previous Doc Next Doc 0 items available --- ## Detected legislative history - Ordinances of Sheffield Lake, OH - ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO - ORDINANCE NO. 116-84 - ORDINANCES OF SHEFFIELD LAKE - orderly Conduct and Peace Disturbance - ORDER - ordinance or law of this or any other state or the United States that is substantially similar to domestic violence, a violation of Ohio R - ordinance or law of this or any other state or the United States that is substantially similar to any of those sections if the victim of the violation was a family or household member at the - Ord. 63-71 - order issued or consent agreement approved pursuant to Ohio R - order issued pursuant to Ohio R - order issued by a court of another state - order - order is a misdemeanor of the first degree - order is a felony and shall be prosecuted under State law if the offender previously has been convicted of, pleaded guilty to, or been adjudicated a delinquent child for any of the fo - order or consent agreement; - order or consent agreement while committing a felony offense, violating a protection order is a felony and shall be prosecuted under appropriate state law - order violated by the offender was an order issued pursuant to Ohio R - order that the offender pay the costs of the installation of the electronic monitoring device and the cost of monitoring the electronic monitoring device - order issued by a court of another state does not comply with the requirements specified in 18 U - order that must be accorded full faith and credit by a court of this State or that it is not entitled to full faith and credit under 18 U - order or consent agreement was served on the defendant if the prosecution proves that the defendant was shown the protection order or consent agreement or a copy of either or a judge, - order or consent agreement had been issued, and proves that the defendant recklessly violated the terms of the order or agreement - order issued by a court of another state” means an injunction or another order issued by a criminal court of another state for the purpose of preventing violent or threatening acts or - order, and means an injunction or order of that nature issued by a civil court of another state, including a temporary order and a final order issued in an independent action or as a - order in a proceeding for other relief, if the court issued it in response to a complaint, petition or motion filed by or on behalf of a person seeking protection - order issued by a court of another state” does not include an order for support or for custody of a child - ordinance, not more than five hundred dollars ($500 - ordinance, five hundred dollars ($500 - ordinance, one thousand dollars ($1,000 - ordinance, one thousand five hundred dollars ($1,500), - ordinance, permitting a person under twenty-one years of age to use cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the third degree - adopted by the Registrar of Motor Vehicles under Ohio R - ord or maintain any information derived from a transaction scan, except for the following: - orded and maintained under subsection (b)(4)A - order or as specifically authorized by subsection (c) of this section or another section of these Codified Ordinances or the Ohio Revised Code - adopted and implemented and that is intended to prevent violations of subsection (a) of this section - ords of that issuance in lieu of the testimony of the personnel of or contractors with the Bureau of Motor Vehicles in the action - ords ”cigarettes”, ”electronic smoking devices”, or “vapor products”, as applicable - ordinance, furnishing false information to obtain tobacco products is a misdemeanor of the third degree - Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality - Ordinances should be consulted prior to any action being taken - Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588 --- *Imported automatically by MunicipalWiki. The original publisher remains the authoritative source pending legal normalization and verification.* # 537.18 ILLEGAL DISTRIBUTION OF CIGARETTES, OTHER TOBACCO PRODUCTS, OR ALTERNATE NICOTINE PRODUCTS; TRANSACTION SCANS. # 537.18 ILLEGAL DISTRIBUTION OF CIGARETTES, OTHER TOBACCO PRODUCTS, OR ALTERNATE NICOTINE PRODUCTS; TRANSACTION SCANS.
Document typesection
Identifier537.18
Citation§ 537.18
Ordinances detectedS, 116-84, ER, 63-71, INANCE
Original source[American Legal Publishing](https://codelibrary.amlegal.com/codes/sheffieldlake/latest/sheffieldlake_oh/0-0-0-11913)
Content hash`80324e4c8977ddefeddf71c31338ece6b15625f1ca143369691b9ddb29fde4cf`
--- Skip to main content Search Sitemap Login Select Language Resources Skip to code content (skip section selection) 2025-04 (current) Sheffield Lake Overview Codified Ordinances of Sheffield Lake, OH CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO CERTIFICATION ROSTER OF OFFICIALS ADOPTING ORDINANCE NO. 116-84 COMPARATIVE SECTION TABLE TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE CHARTER PART ONE - ADMINISTRATIVE CODE PART THREE - TRAFFIC CODE PART FIVE - GENERAL OFFENSES CODE CHAPTER 501 General Provisions and Penalty CHAPTER 505 Animals and Fowl CHAPTER 509 Disorderly Conduct and Peace Disturbance CHAPTER 513 Drug Abuse Control CHAPTER 517 Gambling CHAPTER 521 Health, Safety and Sanitation CHAPTER 525 Law Enforcement and Public Office CHAPTER 529 Liquor Control CHAPTER 531 Noise Control CHAPTER 533 Obscenity and Sex Offenses CHAPTER 537 Offenses Against Persons 537.01 NEGLIGENT HOMICIDE. 537.02 VEHICULAR HOMICIDE AND MANSLAUGHTER. 537.021 VEHICULAR ASSAULT IN A CONSTRUCTION ZONE. 537.03 ASSAULT. 537.04 NEGLIGENT ASSAULT. 537.05 AGGRAVATED MENACING. 537.051 MENACING BY STALKING. 537.06 MENACING. 537.07 ENDANGERING CHILDREN. 537.08 UNLAWFUL RESTRAINT. 537.09 COERCION. 537.10 TELECOMMUNICATION HARASSMENT. 537.11 THREATENING OR HARASSING TELEPHONE CALLS. 537.12 MISUSE OF 9-1-1 SYSTEM. 537.13 ADULTERATING OF OR FURNISHING ADULTERATED FOOD OR CONFECTION. 537.14 DOMESTIC VIOLENCE. 537.15 ANNOYING BUILDING OCCUPANTS. 537.16 MOLESTING OR INSULTING PERSONS. 537.17 TEMPORARY PROTECTION ORDER. 537.18 ILLEGAL DISTRIBUTION OF CIGARETTES, OTHER TOBACCO PRODUCTS, OR ALTERNATE NICOTINE PRODUCTS; TRANSACTION SCANS. 537.19 RESERVED. 537.20 CONTRIBUTING TO UNRULINESS OR DELINQUENCY OF A CHILD. 537.21 HAZING PROHIBITED. 537.22 ILLEGAL USE OF A TRACKING DEVICE OR APPLICATION. 537.99 PENALTY. CHAPTER 541 Property Offenses CHAPTER 545 Theft and Fraud CHAPTER 549 Weapons and Explosives CHAPTER 553 Railroads CHAPTER 557 Watercraft CHAPTER 561 Weeds and Grass PART SEVEN - BUSINESS REGULATION CODE PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE PART ELEVEN - PLANNING AND ZONING CODE PART THIRTEEN - BUILDING CODE PART FIFTEEN - FIRE PREVENTION CODE OH Sheffield Lake Codified Ordinances of Sheffield Lake, OH 537.18 ILLEGAL DISTRIBUTION OF CIGARETTES, OTHER TOBACCO PRODUCTS, OR ALTERNATE NICOTINE PRODUCTS; TRANSACTION SCANS. CHAPTER 537 Offenses Against Persons 537.15 ANNOYING BUILDING OCCUPANTS. (a) No person, without proper occasion, shall disturb or annoy the occupants of any dwelling, building, store or other place by knocking on the door, gate or window of such structure, or by ringing the doorbell attached thereto. (Ord. 63-71. Passed 9-14-71.) (b) Whoever violates this section is guilty of a misdemeanor of the fourth degree. 537.16 MOLESTING OR INSULTING PERSONS. (a) No person shall, unreasonably and without lawful purpose, follow, pursue, lay hands on or otherwise molest or insult any other person. (b) Whoever violates this section is guilty of a misdemeanor of the fourth degree. 537.17 TEMPORARY PROTECTION ORDER. (a) No person shall recklessly violate the terms of any of the following: (1) A protection order issued or consent agreement approved pursuant to Ohio R.C. 2919.26 or 3113.31; (2) A protection order issued pursuant to Ohio R.C. 2151.34, 2903.213 or 2903.214; (3) A protection order issued by a court of another state. (b) (1) Whoever violates this section is guilty of violating a protection order. (2) Except as otherwise provided in subsection (b)(3) of this section, violating a protection order is a misdemeanor of the first degree. (3) Violating a protection order is a felony and shall be prosecuted under State law if the offender previously has been convicted of, pleaded guilty to, or been adjudicated a delinquent child for any of the following: A. A violation of a protection order issued or consent agreement approved pursuant to Ohio R.C. 2151.34, 2903.213, 2903.214, 2919.26, or 3113.31; B. Two or more violations of Ohio R.C. 2903.21, 2903.211, 2903.22, or 2911.211 or any combination of those offenses that involved the same person who is the subject of the protection order or consent agreement; C. One or more violations of this section. (4) If the offender violates a protection order or consent agreement while committing a felony offense, violating a protection order is a felony and shall be prosecuted under appropriate state law. (5) If the protection order violated by the offender was an order issued pursuant to Ohio R.C. 2151.34 or 2903.214 that required electronic monitoring of the offender pursuant to that section, the court may require in addition to any other sentence imposed upon the offender that the offender be electronically monitored for a period not exceeding five years by a law enforcement agency designated by the court. If the court requires under this subsection that the offender be electronically monitored, unless the court determines that the offender is indigent, the court shall order that the offender pay the costs of the installation of the electronic monitoring device and the cost of monitoring the electronic monitoring device. (c) It is an affirmative defense to a charge under subsection (a)(3) of this section that the protection order issued by a court of another state does not comply with the requirements specified in 18 U.S.C. 2265(b) for a protection order that must be accorded full faith and credit by a court of this State or that it is not entitled to full faith and credit under 18 U.S.C. 2265(c). (d) In a prosecution for a violation of this section, it is not necessary for the prosecution to prove that the protection order or consent agreement was served on the defendant if the prosecution proves that the defendant was shown the protection order or consent agreement or a copy of either or a judge, magistrate, or law enforcement officer informed the defendant that a protection order or consent agreement had been issued, and proves that the defendant recklessly violated the terms of the order or agreement. (e) As used in this section, “protection order issued by a court of another state” means an injunction or another order issued by a criminal court of another state for the purpose of preventing violent or threatening acts or harassment against, contact or communication with, or physical proximity to another person, including a temporary order, and means an injunction or order of that nature issued by a civil court of another state, including a temporary order and a final order issued in an independent action or as a pendente lite order in a proceeding for other relief, if the court issued it in response to a complaint, petition or motion filed by or on behalf of a person seeking protection. “Protection order issued by a court of another state” does not include an order for support or for custody of a child. (ORC 2919.27) 537.18 ILLEGAL DISTRIBUTION OF CIGARETTES, OTHER TOBACCO PRODUCTS, OR ALTERNATE NICOTINE PRODUCTS; TRANSACTION SCANS. (a) Illegal Distribution of Cigarettes, Other Tobacco Products, or Alternative Nicotine Products. (1) As used in this section: A. “Age verification.” A service provided by an independent third party (other than a manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes) that compares information available from a commercially available database, or aggregate of databases, that regularly are used by government and businesses for the purpose of age and identity verification to personal information provided during an internet sale or other remote method of sale to establish that the purchaser is twenty-one years of age or older. B. “Alternative nicotine product.” 1. Subject to subsection (a)(1)B.2. of this section, an electronic smoking device, vapor product, or any other product or device that consists of or contains nicotine that can be ingested into the body by any means, including, but not limited to, chewing, smoking, absorbing, dissolving, or inhaling. 2. The phrase does not include any of the following: a. Any cigarette or other tobacco product; b. Any product that is a “drug” as that term is defined in 21 U.S.C. 321(g)(1); c. Any product that is a “device” as that term is defined in 21 U.S.C. 321(h); d. Any product that is a “combination product” as described in 21 U.S.C. 353(g). C. “Cigarette.” Includes clove cigarettes and hand-rolled cigarettes. D. “Distribute.” Means to furnish, give, or provide cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to the ultimate consumer of the cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes. E. “Electronic smoking device.” Means any device that can be used to deliver aerosolized or vaporized nicotine or any other substance to the person inhaling from the device including an electronic cigarette, electronic cigar, electronic hookah, vaping pen, or electronic pipe. The phrase includes any component, part, or accessory of such a device, whether or not sold separately, and includes any substance intended to be aerosolized or vaporized during the use of the device. The phrase does not include any product that is a drug, device, or combination product, as those terms are defined or described in 21 U.S.C. 321 and 353(g). F. “Proof of age.” Means a driver’s license, a commercial driver’s license, a military identification card, a passport, or an identification card issued under Ohio R.C. 4507.50 to 4507.52 that shows that a person is twenty-one years of age or older. G. “Tobacco product.” Means any product that is made or derived from tobacco or that contains any form of nicotine, if it is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled, or ingested by any other means, including, but not limited to, a cigarette, an electronic smoking device, a cigar, pipe tobacco, chewing tobacco, snuff, or snus. The phrase also means any component or accessory used in the consumption of a tobacco product, such as filters, rolling papers, pipes, blunt or hemp wraps, and liquids used in electronic smoking devices, whether or not they contain nicotine. The phrase does not include any product that is a drug, device, or combination product, as those terms are defined or described in 21 U.S.C. 321 and 353(g). H. “Vapor product.” Means a product, other than a cigarette or other tobacco product as defined in Ohio R.C. Chapter 5743, that contains or is made or derived from nicotine and that is intended and marketed for human consumption, including by smoking, inhaling, snorting, or sniffing. The phrase includes any component, part, or additive that is intended for use in an electronic smoking device, a mechanical heating element, battery, or electronic circuit and is used to deliver the product. The phrase does not include any product that is a drug, device, or combination product, as those terms are defined or described in 21 U.S.C. 321 and 353(g). The phrase includes any product containing nicotine, regardless of concentration. I. “Vending machine.” Has the same meaning as “coin machine” in Ohio R.C. 2913.01. (2) No manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes, no agent, employee, or representative of a manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes, and no other person shall do any of the following: A. Give, sell, or otherwise distribute cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes: 1. To any person under twenty-one years of age; or 2. Without first verifying proof of age. B. Give away, sell, or distribute cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes in any place that does not have posted in a conspicuous place a legibly printed sign in letters at least one-half inch high stating that giving, selling, or otherwise distributing cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to a person under twenty-one years of age is prohibited by law; C. Knowingly furnish any false information regarding the name, age, or other identification of any person under twenty-one years of age with purpose to obtain cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes for that person; D. Manufacture, sell, or distribute in this state any pack or other container of cigarettes containing fewer than twenty cigarettes or any package of roll-your-own tobacco containing less than six-tenths of one ounce of tobacco; E. Sell cigarettes or alternative nicotine products in a smaller quantity than that placed in the pack or other container by the manufacturer; F. Give, sell, or otherwise distribute alternative nicotine products, papers used to roll cigarettes, or tobacco products other than cigarettes over the internet or through another remote method without age verification. G. Allow an employee under eighteen years of age to sell any tobacco product; H. Give away or otherwise distribute free samples of cigarettes, other tobacco products, alternative nicotine products, or coupons redeemable for cigarettes, other tobacco products or alternative tobacco products. (3) No person shall sell or offer to sell cigarettes, other tobacco products, or alternative nicotine products by or from a vending machine, except in the following locations: A. An area within a factory, business, office, or other place not open to the general public; B. An area to which persons under twenty-one years of age are not generally permitted access; C. Any other place not identified in subsection (a)(3)A. or B. of this section, upon all of the following conditions: 1. The vending machine is located within the immediate vicinity, plain view, and control of the person who owns or operates the place, or an employee of that person, so that all cigarettes, other tobacco product, and alternative nicotine product purchases from the vending machine will be readily observed by the person who owns or operates the place or an employee of that person. For the purpose of this section, a vending machine located in any unmonitored area, including an unmonitored coatroom, restroom, hallway, or outer waiting area, shall not be considered located within the immediate vicinity, plain view, and control of the person who owns or operates the place, or an employee of that person. 2. The vending machine is inaccessible to the public when the place is closed. 3\. A clearly visible notice is posted in the area where the vending machine is located that states the following in letters that are legibly printed and at least one-half inch high: “It is illegal for any person under the age of twenty-one to purchase tobacco or alternative nicotine products.” (4) The following are affirmative defenses to a charge under subsection (a)(2)A. of this section: A. The person under twenty-one years of age was accompanied by a parent, spouse who is twenty-one years of age or older, or legal guardian of the person under twenty-one years of age. B. The person who gave, sold, or distributed cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to a person under twenty-one years of age under subsection (a)(2)A. of this section is a parent, spouse who is twenty-one years of age or older, or legal guardian of the person under twenty-one years of age. (5) A. It is not a violation of subsection (a)(2)A. or B. of this section for a person to give or otherwise distribute to a person under twenty-one years of age cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes while the person under twenty-one years of age is participating in a research protocol if all of the following apply: 1. The parent, guardian, or legal custodian of the person under twenty-one years of age has consented in writing to the person under twenty-one years of age participating in the research protocol. 2. An institutional human subjects protection review board, or an equivalent entity, has approved the research protocol. 3. The person under twenty-one years of age is participating in the research protocol at the facility or location specified in the research protocol. B. It is not a violation of subsection (a)(2)A. or B. of this section for an employer to permit an employee eighteen, nineteen or twenty years of age to sell a tobacco product. (6) A. No delivery service shall accept from, transport or deliver to, or allow pick-up by, a person under twenty-one years of age with respect to any of the following: 1. Alternative nicotine products; 2. Papers used to roll cigarettes; 3. Tobacco products other than cigarettes. B. A delivery service shall require proof of age as a condition of accepting, transporting, delivering, or allowing pickup of the items described in subsections (a)(6)A1. to 3. of this section. (7) Whoever violates subsections (a)(2)A., B., D., E., F., G., H., (3) or (6) of this section is guilty of illegal distribution of cigarettes, other tobacco products, or alternative nicotine products. Except as otherwise provided in this division, illegal distribution of cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the fourth degree. If the offender previously has been convicted of or pleaded guilty to illegal distribution of cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the third degree. (8) A. Notwithstanding Ohio R.C. 2929.28(A)(2), if an offender is convicted of or pleads guilty to a violation of subsection (a)(2)A. of this section, the court shall impose a fine in the following amount: 1. Except as otherwise provided in subsections (a)(8)A.2., (a)(8)A.3., (a)(8)A.4., and (a)(8)A.5. of this section, not more than two hundred fifty dollars ($250.00); 2. Except as otherwise provided in subsections (a)(8)A.3., (a)(8)A.4., and (a)(8)A.5. of this section, if an offender has previously been convicted of or pleaded guilty to a violation of subsection (a)(2)A. of this section or a substantially equivalent state law or municipal ordinance, not more than five hundred dollars ($500.00); 3. Except as otherwise provided in subsections (a)(8)A.4. and (a)(8)A.5. of this section, if an offender previously has been convicted of or pleaded guilty to two or more violations of subsection (a)(2)A. of this section or a substantially equivalent state law or municipal ordinance, five hundred dollars ($500.00); 4. Except as otherwise provided in subsection (a)(8)A.5. of this section, if an offender previously has been convicted of or pleaded guilty to three or more violations of subsection (a)(2)A. of this section or a substantially equivalent state law or municipal ordinance, one thousand dollars ($1,000.00); 5. If an offender previously has been convicted of or pleaded guilty to four or more violations of subsection (a)(2)A. of this section or a substantially equivalent state law or municipal ordinance, one thousand five hundred dollars ($1,500), B. The financial sanctions required by subsection (a)(8)A. of this section are in lieu of the financial sanctions described in Ohio R.C. 2929.28(A)(2), but are in addition to any other sanctions or penalties that may apply to the offender, including other financial sanctions under that section or a jail term under Ohio R.C. 2929.24. (9) Whoever violates subsection (a)(2)C. of this section is guilty of permitting a person under twenty-one years of age to use cigarettes, other tobacco products, or alternative nicotine products. Except as otherwise provided in this division, permitting a person under twenty-one years of age to use cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the fourth degree. If the offender previously has been convicted of a violation of subsection (a)(2)C. of this section or a substantially equivalent state law or municipal ordinance, permitting a person under twenty-one years of age to use cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the third degree. (10) Any cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes that are given, sold, or otherwise distributed to a person under twenty-one years of age in violation of this section and that are used, possessed, purchased, or received by a person under twenty-one years of age in violation of Ohio R.C. 2151.87 are subject to seizure and forfeiture as contraband under Ohio R.C. Chapter 2981. (ORC 2927.02) (b) Transaction Scan. (1) For the purpose of this subsection (b) and subsection (c) of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. A. “Card holder.” Any person who presents a driver’s or commercial driver’s license or an identification card to a seller, or an agent or employee of a seller, to purchase or receive cigarettes, other tobacco products, or alternative nicotine products from a seller, agent or employee. B. “Identification card.” An identification card issued under Ohio R.C. 4507.50 to 4507.52. C. “Seller.” A seller of cigarettes, other tobacco products, or alternative nicotine products and includes any person whose gift of or other distribution of cigarettes, other tobacco products, or alternative nicotine products is subject to the prohibitions of subsection (a) of this section. D. “Transaction scan.” The process by which a seller or an agent or employee of a seller checks, by means of a transaction scan device, the validity of a driver’s or commercial driver’s license or an identification card that is presented as a condition for purchasing or receiving cigarettes, other tobacco products, or alternative nicotine products. E. “Transaction scan device.” Any commercial device or combination of devices used at a point of sale that is capable of deciphering in an electronically readable format the information encoded on the magnetic strip or bar code of a driver’s or commercial driver’s license or an identification card. (2) A. A seller or an agent or employee of a seller may perform a transaction scan by means of a transaction scan device to check the validity of a driver’s or commercial driver’s license or identification card presented by a card holder as a condition for selling, giving away or otherwise distributing to the card holder cigarettes, other tobacco products, or alternative nicotine products. B. If the information deciphered by the transaction scan performed under subsection (b)(2)A. of this section fails to match the information printed on the driver’s or commercial driver’s license or identification card presented by the card holder, or if the transaction scan indicates that the information so printed is false or fraudulent, neither the seller nor any agent or employee of the seller shall sell, give away or otherwise distribute any cigarettes, other tobacco products, or alternative nicotine products to the card holder. C. Subsection (b)(2)A. of this section does not preclude a seller or an agent or employee of a seller from using a transaction scan device to check the validity of a document other than a driver’s or commercial driver’s license or identification card, if the document includes a bar code or magnetic strip that may be scanned by the device, as a condition for selling, giving away or otherwise distributing cigarettes, other tobacco products, or alternative nicotine products to the person presenting the document. (3) Rules adopted by the Registrar of Motor Vehicles under Ohio R.C. 4301.61(C) apply to the use of transaction scan devices for purposes of this subsection (b) and subsection (c) of this section. (4) A. No seller or agent or employee of a seller shall electronically or mechanically record or maintain any information derived from a transaction scan, except for the following: 1. The name and date of birth of the person listed on the driver’s or commercial driver’s license or identification card presented by the card holder; 2. The expiration date and identification number of the driver’s or commercial driver’s license or identification card presented by the card holder. B. No seller or agent or employee of a seller shall use the information that is derived from a transaction scan or that is permitted to be recorded and maintained under subsection (b)(4)A. of this section, except for purposes of subsection (c) of this section. C. No seller or agent or employee of a seller shall use a transaction scan device for a purpose other than the purpose specified in subsection (c)(2)A. of this section. D. No seller or agent or employee of a seller shall sell or otherwise disseminate the information derived from a transaction scan to any third party, including but not limited to selling or otherwise disseminating that information for any marketing, advertising or promotional activities, but a seller or agent or employee of a seller may release that information pursuant to a court order or as specifically authorized by subsection (c) of this section or another section of these Codified Ordinances or the Ohio Revised Code. (5) Nothing in this subsection (b) or subsection (c) of this section relieves a seller or an agent or employee of a seller of any responsibility to comply with any other applicable local, state or federal laws or rules governing the sale, giving away or other distribution of cigarettes, other tobacco products, or alternative nicotine products. (6) Whoever violates subsection (b)(2)B. or (b)(4) of this section is guilty of engaging in an illegal tobacco product or alternative nicotine product transaction scan, and the court may impose upon the offender a civil penalty of up to one thousand dollars ($1,000) for each violation. The Clerk of the Court shall pay each collected civil penalty to the County Treasurer for deposit into the County Treasury. (ORC 2927.021) (c) Affirmative Defenses. (1) A seller or an agent or employee of a seller may not be found guilty of a charge of a violation of subsection (a) of this section in which the age of the purchaser or other recipient of cigarettes, other tobacco products, or alternative nicotine products is an element of the alleged violation, if the seller, agent or employee raises and proves as an affirmative defense that all of the following occurred: A. A card holder attempting to purchase or receive cigarettes, other tobacco products, or alternative nicotine products presented a driver’s or commercial driver’s license or an identification card. B. A transaction scan of the driver’s or commercial driver’s license or identification card that the card holder presented indicated that the license or card was valid. C. The cigarettes, other tobacco products, or alternative nicotine products were sold, given away or otherwise distributed to the card holder in reasonable reliance upon the identification presented and the completed transaction scan. (2) In determining whether a seller or an agent or employee of a seller has proven the affirmative defense provided by subsection (c)(1) of this section, the trier of fact in the action for the alleged violation of subsection (a) of this section shall consider any written policy that the seller has adopted and implemented and that is intended to prevent violations of subsection (a) of this section. For purposes of subsection (c)(1)C. of this section, the trier of fact shall consider that reasonable reliance upon the identification presented and the completed transaction scan may require a seller or an agent or employee of a seller to exercise reasonable diligence to determine, and that the use of a transaction scan device does not excuse a seller or an agent or employee of a seller from exercising reasonable diligence to determine, the following: A. Whether a person to whom the seller or agent or employee of a seller sells, gives away or otherwise distributes cigarettes, other tobacco products, or alternative nicotine products is twenty-one years of age or older; B. Whether the description and picture appearing on the driver’s or commercial driver’s license or identification card presented by a card holder is that of the card holder. (3) In any criminal action in which the affirmative defense provided by subsection (c)(1) of this section is raised, the Registrar of Motor Vehicles or a Deputy Registrar who issued an identification card under Ohio R.C. 4507.50 to 4507.52 shall be permitted to submit certified copies of the records of that issuance in lieu of the testimony of the personnel of or contractors with the Bureau of Motor Vehicles in the action. (ORC 2927.022) (d) Shipment of Tobacco Products. (1) As used in this subsection (d): A. “Authorized recipient of tobacco products” means: 1. In the case of cigarettes, a person who is: a. Licensed as a cigarette wholesale dealer under Ohio R.C. 5743.15; b. Licensed as a retail dealer as long as the person purchases cigarettes with the appropriate tax stamp affixed; c. An export warehouse proprietor as defined in Internal Revenue Code Section 5702; d. An operator of a customs bonded warehouse under 19 U.S.C. Section 1311 or 19 U.S.C. Section 1555; e. An officer, employee, or agent of the federal government or of this state acting in the person's official capacity; f. A department, agency, instrumentality, or political subdivision of the federal government or of this state; g. A person having a consent for consumer shipment issued by the Ohio Tax Commissioner under Ohio R.C. 5743.71. 2. In the case of electronic smoking devices or vapor products, a person who is: a. Licensed as a distributor of tobacco or vapor products under Ohio R.C. 5743.61; b. A retail dealer of vapor products, as defined in Ohio R.C. 5741.01(C)(3), that is not licensed as a vapor distributor, as long as the tax levied by Ohio R.C. 5743.51, 5743.62, or 5743.63, as applicable, has been paid; c. An operator of a customs bonded warehouse under 19 U.S.C. Section 1311 or 19 U.S.C. Section 1555; d. An officer, employee, or agent of the federal government or of this state acting in the person's official capacity; e. A department, agency, instrumentality, or political subdivision of the federal government or of this state. B. “Motor Carrier,” Has the same meaning as in Ohio R.C. 4923.01. (2) The purpose of this section is to prevent the sale of cigarettes, electronic smoking devices, and vapor products to minors and to ensure compliance with the Master Settlement Agreement, as defined in Ohio R.C. 1346.01. (3) A. No person shall cause to be shipped any cigarettes, electronic smoking devices, and vapor products to any person in this municipality other than an authorized recipient of tobacco products. B. No motor carrier, or other person shall knowingly transport cigarettes, electronic smoking devices, and vapor products to any person in this municipality that the carrier or other person reasonably believes is not an authorized recipient of tobacco products. If cigarettes, electronic smoking devices, and vapor products are transported to a home or residence, it shall be presumed that the motor carrier, or other person knew that the person to whom the cigarettes, electronic smoking devices, and vapor products were delivered was not an authorized recipient of tobacco products. (4) No person engaged in the business of selling cigarettes, electronic smoking devices, and vapor products who ships or causes to be shipped cigarettes, electronic smoking devices, and vapor products to any person in this municipality in any container or wrapping other than the original container or wrapping shall fail to plainly and visibly mark the exterior of the container or wrapping in which the cigarettes, electronic smoking devices, and vapor products are shipped with the words ”cigarettes”, ”electronic smoking devices”, or “vapor products”, as applicable. (5) A court shall impose a fine of up to one thousand dollars ($1,000) for each violation of subsection (d)(3)A., (d)(3)B. or (d)(4) of this section. (ORC 2927.023) (e) Furnishing False Information to Obtain Tobacco Products. (1) No person who is eighteen years of age or older but younger than twenty-one years of age shall knowingly furnish false information concerning that person’s name, age, or other identification for the purpose of obtaining tobacco products. (2) Whoever violates subsection (e)(1) of this section is guilty of furnishing false information to obtain tobacco products. Except as otherwise provided in this division, furnishing false information to obtain tobacco products is a misdemeanor of the fourth degree. If the offender previously has been convicted of or pleaded guilty to a violation of subsection (e)(1) of this section or a substantially equivalent state law or municipal ordinance, furnishing false information to obtain tobacco products is a misdemeanor of the third degree. (ORC 2927.024) 537.19 RESERVED. (Editor’s note: This section was formerly 537.19 Criminal Child Enticement, based on Ohio R.C. 2905.05, Criminal Child Enticement. The Ohio Supreme Court held that Ohio R.C. 2905.05(A) was unconstitutionally overbroad in violation of the First Amendment. See State v. Romage, 138 Ohio St. 3d. 390 (2014).) 537.20 CONTRIBUTING TO UNRULINESS OR DELINQUENCY OF A CHILD. (a) As used in this section: (1) “Delinquent child” has the same meaning as in Ohio R.C. 2152.02. (2) “Unruly child” has the same meaning as in Ohio R.C. 2151.022. (b) No person, including a parent, guardian or other custodian of a child, shall do any of the following: (1) Aid, abet, induce, cause, encourage, or contribute to a child or a ward of the juvenile court becoming an unruly child or a delinquent child; (2) Act in a way tending to cause a child or a ward of the juvenile court to become an unruly child or a delinquent child; (3) Act in a way that contributes to an adjudication of the child as a delinquent child based on the child’s violation of a court order adjudicating the child an unruly child for being an habitual truant; (4) If the person is the parent, guardian, or custodian of a child who has the duties under Ohio R.C. Chapters 2152 and 2950 to register, register a new residence address, and periodically verify a residence address and, if applicable, to send a notice of intent to reside, and if the child is not emancipated, as defined in Ohio R.C. 2919.121, fail to ensure that the child complies with those duties under Ohio R.C. Chapters 2152 and 2950. (c) Whoever violates this section is guilty of contributing to the unruliness or delinquency of a child, a misdemeanor of the first degree. Each day of violation of this section is a separate offense. (ORC 2919.24) 537.21 HAZING PROHIBITED. (a) As used in this section: (1) “Hazing” means doing any act or coercing another, including the victim, to do any act of initiation into any student or other organization or any act to continue or reinstate membership in or affiliation with any student or other organization that causes or creates a substantial risk of causing mental or physical harm to any person, including coercing another to consume alcohol or a drug of abuse, as defined in Ohio R.C. 3719.011. (2) “Organization” includes a national or international organization with which a fraternity or sorority is affiliated. (b) (1) No person shall recklessly participate in the hazing of another. (2) No administrator, employee, faculty member, teacher, consultant, alumnus, or volunteer of any organization, including any primary, secondary, or post-secondary school or any other educational institution, public or private, shall recklessly permit the hazing of any person associated with the organization. (c) (1) No person shall recklessly participate in the hazing of another when the hazing includes coerced consumption of alcohol or drugs of abuse resulting in serious physical harm to the other person. (2) No administrator, employee, faculty member, teacher, consultant, alumnus, or volunteer of any organization, including any primary, secondary, or post-secondary school or other educational institution, public or private, shall recklessly permit the hazing of any person associated with the organization when the hazing includes coerced consumption of alcohol or drugs of abuse resulting in serious physical harm to that person. (d) Whoever violates subsections (b) or (c) of this section is guilty of hazing. A violation of subsections (b)(1) or (b)(2) of this section is a misdemeanor of the second degree. A violation of subsections (c)(1) or (c)(2) of this section is a felony to be prosecuted under appropriate state law. (ORC 2903.31) (e) Reckless failure to immediately report knowledge of hazing. (1) No administrator, employee, faculty member, teacher, consultant, alumnus, or volunteer of any organization, including any primary, secondary, or post-secondary school or any other public or private educational institution, who is acting in an official and professional capacity shall recklessly fail to immediately report the knowledge of hazing to a law enforcement agency in the county in which the victim of hazing resides or in which the hazing is occurring or has occurred. (2) A violation of subsection (e)(1) of this section is a misdemeanor of the fourth degree, except that the violation is a misdemeanor of the first degree if the hazing causes serious physical harm. (ORC 2903.311(B), (C)) 537.22 ILLEGAL USE OF A TRACKING DEVICE OR APPLICATION. (a) As used in this section: (1) “Business entity” means any form of corporation, partnership, association, cooperative, joint venture, business trust, or sole proprietorship that conducts business in this state. (2) “Business of private investigation” has the same meaning as in Ohio R.C. 4749.01. (3) “Disabled adult” has the same meaning as in Ohio R.C. 2913.01. (4) “Elderly person” has the same meaning as in Ohio R.C. 2913.01. (5) “Electronic monitoring” has the same meaning as in Ohio R.C. 2929.01. (6) “Electronic monitoring device” has the same meaning as in Ohio R.C. 2929.01. (7) “Law enforcement agency” means any organization or unit comprised of law enforcement officers, and also includes any federal or military law enforcement agency. (8) “Ohio Protection Order” means a protection order filed or issued or a consent agreement approved pursuant to Ohio R.C. 2919.26 or 3113.31, a protection order filed or issued pursuant to Ohio R.C. 2151.34, 2903.213, or 2903.214, or a no contact order issued as any of the following: A. As part of a person’s sentence under a community control sanction imposed under Ohio R.C. 2929.16, 2929.17, 2929.26, or 2929.27; B. As a term or condition of a person’s release under Ohio R.C. 2929.20; C. As a post-release control sanction imposed as a condition of a person’s post-release control under Ohio R.C. 2967.28; D. As a term of supervision for a person transferred to transitional control under Ohio R.C. 2967.26; E. As a term or condition of the intervention plan of a person granted intervention in lieu of conviction under Ohio R.C. 2951.041. (9) “Person” means an individual, but does not include a business entity. (10) “Private investigator” has the same meaning as in Ohio R.C. 4749.01. (11) “Protection order issued by a court of another state” has the same meaning as in Ohio R.C. 2919.27. (12) “Tracking application” means any software program that permits a person to remotely determine or track the position or movement of another person or another person’s property. (13) “Tracking device” means an electronic or mechanical device that permits a person to remotely determine or track the position or movement of another person or another person’s property, including an electronic monitoring device. (b) Except as otherwise provided in subsection (d) of this section, no person shall knowingly do either of the following: (1) Install a tracking device or tracking application on another person’s property without the other person’s consent or cause a tracking device or tracking application to track the position or movement of another person or another person’s property without the other person’s consent; (2) If the person installed a tracking device or tracking application on another’s property with the other person’s consent and the other person subsequently revokes that consent, fail to remove or ensure the removal of the device or application after the other person revokes the consent. (c) (1) For purposes of this section, if a person has given consent for another to install a tracking device or tracking application on the consenting person’s property, it is presumed that the consenting person has revoked that consent if any of the following applies: A. The consenting person and the person to whom consent was given are lawfully married and one of them files a complaint for divorce or a petition for dissolution of marriage from the other. Not later than seventy-two hours after being served with a complaint for divorce or a petition for dissolution of marriage, the person to whom consent was given shall lawfully uninstall or discontinue use of the tracking device or tracking application. If the person to whom consent was given cannot lawfully uninstall or discontinue use of the tracking device or tracking application, the person to whom consent was given shall notify the court in which the complaint for divorce or the petition for dissolution of marriage was filed in writing. B. The consenting person or the person to whom consent was given files an Ohio protection order against the other person or an Ohio protection order is issued against the other person, and the person to be protected under the order is the consenting person. Not later than seventy-two hours after being served with the Ohio protection order, the person to whom consent was given shall lawfully uninstall or discontinue use of the tracking device or tracking application. If the person to whom consent was given cannot lawfully uninstall or discontinue use of the tracking device or tracking application, the person to whom consent was given shall notify the court that issued the Ohio protection order in writing that the person to whom consent was given has installed or is using a tracking device or tracking application on the previously consenting person’s person or the person’s property and cannot uninstall or discontinue its use without violating the Ohio protection order. (2) Revocation of consent under this subsection is effective upon the service of the petition or motion or an Ohio protection order. (d) This section does not apply to any of the following: (1) A law enforcement officer, or any law enforcement agency, that installs a tracking device or tracking application on another person’s property or causes a tracking device or tracking application to track the position or movement of another person or another person’s property as part of a criminal investigation, or a probation officer, parole officer, or employee of the department of rehabilitation and correction, a halfway house, or a community-based correctional facility when engaged in the lawful performance of the officer’s or employee’s official duties; (2) A parent or legal guardian of a minor child who installs or uses a tracking device or tracking application to track the minor child if any of the following applies: A. The parents or legal guardians of the child are lawfully married to each other and are not separated or otherwise living apart, and either of those parents or legal guardians consents to the installation of the tracking device or tracking application; B. The parent or legal guardian of the child is the sole surviving parent or legal guardian of the child; C. The parent or legal guardian of the child has sole custody of the child; D. The parents or legal guardians of the child are divorced, separated, or otherwise living apart and neither parent has sole custody of the child, and both consent to the installation of the tracking device or tracking application; E. The parents or legal guardians of the child are divorced, separated, or otherwise living apart, neither parent has sole custody of the child, and either only one parent consents to the installation of the tracking device or tracking application or one parent revokes consent, if the consenting parent only uses the tracking device or tracking application during that parent’s parenting or custodial time and disables or removes the tracking device or application during the nonconsenting parent’s parenting or custodial time. (3) A caregiver of an elderly person or disabled adult, if the elderly person’s or disabled adult’s treating physician certifies that the installation of a tracking device or tracking application onto the elderly person’s or disabled adult’s property is necessary to ensure the safety of the elderly person or disabled adult; (4) A person acting in good faith on behalf of a business entity for a legitimate business purpose, provided that this division does not apply to a private investigator engaged in the business of private investigation on behalf of another person; (5) A. A private investigator or other person licensed under Ohio R.C. 4749.03, who is acting in the normal course of the investigator’s business of private investigation on behalf of another person and who has the consent of the owner of the property upon which the tracking device or tracking application is installed, for the purpose of obtaining information with reference to any of the following: 1. Criminal offenses committed, threatened, or suspected against the United States, a territory of the United States, a state, or any person or legal entity; 2. Locating an individual known to be a fugitive from justice; 3. Locating lost or stolen property or other assets that have been awarded by the court; 4. Investigating claims related to workers’ compensation. B. This subsection does not apply if the person on whose behalf the private investigator is working is the subject of an Ohio protection order or a protection order issued by a court of another state or if the private investigator knows or reasonably should know that the person on whose behalf the private investigator is working seeks the investigator’s services to aid in the commission of a crime. (6) An owner or lessee of a motor vehicle who installs, or directs the installation of, a tracking device or tracking application on the vehicle during the period of ownership or lease, if any of the following applies: A. The tracking device or tracking application is removed before the vehicle’s title is transferred or the vehicle’s lease expires; B. The new owner of the vehicle, in the case of a sale, or the lessor of the vehicle, in the case of an expired lease, consents in writing to the non-removal of the tracking device or tracking application; C. The owner of the vehicle at the time of the installation of the tracking device or tracking application was the original manufacturer of the vehicle. (7) A person who installs a tracking device or application on property in which the person has an ownership or contractual interest, unless the person is the subject of a protective order and the property is likely to be used by the person who obtained the protective order; (8) A person or business entity that installs a tracking device or tracking application on any fixed wing aircraft or rotorcraft operated or managed by the person or business entity pursuant to 14 C.F.R. part 91 or part 135 to track the position or movement of the fixed wing aircraft or rotorcraft; (9) A surety bail bond agent, or any employee or contractor of a surety bail bond agent, that installs a tracking device or tracking application on another person’s property or causes a tracking device or tracking application to track the position or movement of another person or another person’s property as part of the surety bail bond agent’s, employee’s, or contractor’s official responsibilities or duties. (e) For purposes of subsection (d)(1) of this section, a probation officer, parole officer, or employee of the department of rehabilitation and correction, a halfway house, or a community-based correctional facility is engaged in the lawful performance of the officer’s or employee’s duties if both of the following apply: (1) The court or the Department of Rehabilitation and Correction imposes electronic monitoring on a person. (2) The officer or employee installs or uses an electronic monitoring device on that person in accordance with the court’s or department’s imposition of electronic monitoring of that person. (f) Whoever violates this section is guilty of illegal use of a tracking device or application. (1) Except as otherwise provided in subsection (f)(2) of this section, illegal use of a tracking device or application is a misdemeanor of the first degree. (2) Illegal use of a tracking device or application is a felony to be prosecuted under state law if any of the following applies: A. The offender previously has been convicted of or pleaded guilty to a violation of this section, Ohio R.C. 2903.216, or Ohio R.C. 2903.211 or any substantially equivalent municipal ordinance. B. At the time of the commission of the offense, the offender was the subject of a protection order issued under Ohio R.C. 2903.213 or 2903.214, regardless of whether the person to be protected under the order is the victim of the offense or another person. C. Prior to committing the offense, the offender had been determined to represent a substantial risk of physical harm to others as manifested by evidence of then-recent homicidal or other violent behavior, evidence of then-recent threats that placed another in reasonable fear of violent behavior and serious physical harm, or other evidence of then-present dangerousness. D. The offender has a history of violence toward the victim or a history of other violent acts towards the victim. (ORC 2903.216) Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588. Hosted by: American Legal Publishing Back to Code Library Previous Doc Next Doc 0 items available --- ## Detected legislative history - Ordinances of Sheffield Lake, OH - ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO - ORDINANCE NO. 116-84 - ORDINANCES OF SHEFFIELD LAKE - orderly Conduct and Peace Disturbance - ORDER - Ord. 63-71 - order issued or consent agreement approved pursuant to Ohio R - order issued pursuant to Ohio R - order issued by a court of another state - order - order is a misdemeanor of the first degree - order is a felony and shall be prosecuted under State law if the offender previously has been convicted of, pleaded guilty to, or been adjudicated a delinquent child for any of the fo - order or consent agreement; - order or consent agreement while committing a felony offense, violating a protection order is a felony and shall be prosecuted under appropriate state law - order violated by the offender was an order issued pursuant to Ohio R - order that the offender pay the costs of the installation of the electronic monitoring device and the cost of monitoring the electronic monitoring device - order issued by a court of another state does not comply with the requirements specified in 18 U - order that must be accorded full faith and credit by a court of this State or that it is not entitled to full faith and credit under 18 U - order or consent agreement was served on the defendant if the prosecution proves that the defendant was shown the protection order or consent agreement or a copy of either or a judge, - order or consent agreement had been issued, and proves that the defendant recklessly violated the terms of the order or agreement - order issued by a court of another state” means an injunction or another order issued by a criminal court of another state for the purpose of preventing violent or threatening acts or - order, and means an injunction or order of that nature issued by a civil court of another state, including a temporary order and a final order issued in an independent action or as a - order in a proceeding for other relief, if the court issued it in response to a complaint, petition or motion filed by or on behalf of a person seeking protection - order issued by a court of another state” does not include an order for support or for custody of a child - ordinance, not more than five hundred dollars ($500 - ordinance, five hundred dollars ($500 - ordinance, one thousand dollars ($1,000 - ordinance, one thousand five hundred dollars ($1,500), - ordinance, permitting a person under twenty-one years of age to use cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the third degree - adopted by the Registrar of Motor Vehicles under Ohio R - ord or maintain any information derived from a transaction scan, except for the following: - orded and maintained under subsection (b)(4)A - order or as specifically authorized by subsection (c) of this section or another section of these Codified Ordinances or the Ohio Revised Code - adopted and implemented and that is intended to prevent violations of subsection (a) of this section - ords of that issuance in lieu of the testimony of the personnel of or contractors with the Bureau of Motor Vehicles in the action - ords ”cigarettes”, ”electronic smoking devices”, or “vapor products”, as applicable - ordinance, furnishing false information to obtain tobacco products is a misdemeanor of the third degree - order adjudicating the child an unruly child for being an habitual truant; - Order” means a protection order filed or issued or a consent agreement approved pursuant to Ohio R - order filed or issued pursuant to Ohio R - order issued as any of the following: - order issued by a court of another state” has the same meaning as in Ohio R - order against the other person or an Ohio protection order is issued against the other person, and the person to be protected under the order is the consenting person - order, the person to whom consent was given shall lawfully uninstall or discontinue use of the tracking device or tracking application - order in writing that the person to whom consent was given has installed or is using a tracking device or tracking application on the previously consenting person’s person or the pers - effective upon the service of the petition or motion or an Ohio protection order - order or a protection order issued by a court of another state or if the private investigator knows or reasonably should know that the person on whose behalf the private investigator - order and the property is likely to be used by the person who obtained the protective order; - ordance with the court’s or department’s imposition of electronic monitoring of that person - ordinance. B - order issued under Ohio R - order is the victim of the offense or another person - Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality - Ordinances should be consulted prior to any action being taken - Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588 --- *Imported automatically by MunicipalWiki. The original publisher remains the authoritative source pending legal normalization and verification.* # 537.19 RESERVED. # 537.19 RESERVED.
Document typesection
Identifier537.19
Citation§ 537.19
Ordinances detectedS, 116-84, ER, INANCE
Original source[American Legal Publishing](https://codelibrary.amlegal.com/codes/sheffieldlake/latest/sheffieldlake_oh/0-0-0-11946)
Content hash`c77721072e2fd05731112b8a5ad6ace0f4c49461cf09ceaed63938cf9f7bfcfb`
--- Skip to main content Search Sitemap Login Select Language Resources Skip to code content (skip section selection) 2025-04 (current) Sheffield Lake Overview Codified Ordinances of Sheffield Lake, OH CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO CERTIFICATION ROSTER OF OFFICIALS ADOPTING ORDINANCE NO. 116-84 COMPARATIVE SECTION TABLE TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE CHARTER PART ONE - ADMINISTRATIVE CODE PART THREE - TRAFFIC CODE PART FIVE - GENERAL OFFENSES CODE CHAPTER 501 General Provisions and Penalty CHAPTER 505 Animals and Fowl CHAPTER 509 Disorderly Conduct and Peace Disturbance CHAPTER 513 Drug Abuse Control CHAPTER 517 Gambling CHAPTER 521 Health, Safety and Sanitation CHAPTER 525 Law Enforcement and Public Office CHAPTER 529 Liquor Control CHAPTER 531 Noise Control CHAPTER 533 Obscenity and Sex Offenses CHAPTER 537 Offenses Against Persons 537.01 NEGLIGENT HOMICIDE. 537.02 VEHICULAR HOMICIDE AND MANSLAUGHTER. 537.021 VEHICULAR ASSAULT IN A CONSTRUCTION ZONE. 537.03 ASSAULT. 537.04 NEGLIGENT ASSAULT. 537.05 AGGRAVATED MENACING. 537.051 MENACING BY STALKING. 537.06 MENACING. 537.07 ENDANGERING CHILDREN. 537.08 UNLAWFUL RESTRAINT. 537.09 COERCION. 537.10 TELECOMMUNICATION HARASSMENT. 537.11 THREATENING OR HARASSING TELEPHONE CALLS. 537.12 MISUSE OF 9-1-1 SYSTEM. 537.13 ADULTERATING OF OR FURNISHING ADULTERATED FOOD OR CONFECTION. 537.14 DOMESTIC VIOLENCE. 537.15 ANNOYING BUILDING OCCUPANTS. 537.16 MOLESTING OR INSULTING PERSONS. 537.17 TEMPORARY PROTECTION ORDER. 537.18 ILLEGAL DISTRIBUTION OF CIGARETTES, OTHER TOBACCO PRODUCTS, OR ALTERNATE NICOTINE PRODUCTS; TRANSACTION SCANS. 537.19 RESERVED. 537.20 CONTRIBUTING TO UNRULINESS OR DELINQUENCY OF A CHILD. 537.21 HAZING PROHIBITED. 537.22 ILLEGAL USE OF A TRACKING DEVICE OR APPLICATION. 537.99 PENALTY. CHAPTER 541 Property Offenses CHAPTER 545 Theft and Fraud CHAPTER 549 Weapons and Explosives CHAPTER 553 Railroads CHAPTER 557 Watercraft CHAPTER 561 Weeds and Grass PART SEVEN - BUSINESS REGULATION CODE PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE PART ELEVEN - PLANNING AND ZONING CODE PART THIRTEEN - BUILDING CODE PART FIFTEEN - FIRE PREVENTION CODE OH Sheffield Lake Codified Ordinances of Sheffield Lake, OH 537.19 RESERVED. CHAPTER 537 Offenses Against Persons 537.18 ILLEGAL DISTRIBUTION OF CIGARETTES, OTHER TOBACCO PRODUCTS, OR ALTERNATE NICOTINE PRODUCTS; TRANSACTION SCANS. (a) Illegal Distribution of Cigarettes, Other Tobacco Products, or Alternative Nicotine Products. (1) As used in this section: A. “Age verification.” A service provided by an independent third party (other than a manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes) that compares information available from a commercially available database, or aggregate of databases, that regularly are used by government and businesses for the purpose of age and identity verification to personal information provided during an internet sale or other remote method of sale to establish that the purchaser is twenty-one years of age or older. B. “Alternative nicotine product.” 1. Subject to subsection (a)(1)B.2. of this section, an electronic smoking device, vapor product, or any other product or device that consists of or contains nicotine that can be ingested into the body by any means, including, but not limited to, chewing, smoking, absorbing, dissolving, or inhaling. 2. The phrase does not include any of the following: a. Any cigarette or other tobacco product; b. Any product that is a “drug” as that term is defined in 21 U.S.C. 321(g)(1); c. Any product that is a “device” as that term is defined in 21 U.S.C. 321(h); d. Any product that is a “combination product” as described in 21 U.S.C. 353(g). C. “Cigarette.” Includes clove cigarettes and hand-rolled cigarettes. D. “Distribute.” Means to furnish, give, or provide cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to the ultimate consumer of the cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes. E. “Electronic smoking device.” Means any device that can be used to deliver aerosolized or vaporized nicotine or any other substance to the person inhaling from the device including an electronic cigarette, electronic cigar, electronic hookah, vaping pen, or electronic pipe. The phrase includes any component, part, or accessory of such a device, whether or not sold separately, and includes any substance intended to be aerosolized or vaporized during the use of the device. The phrase does not include any product that is a drug, device, or combination product, as those terms are defined or described in 21 U.S.C. 321 and 353(g). F. “Proof of age.” Means a driver’s license, a commercial driver’s license, a military identification card, a passport, or an identification card issued under Ohio R.C. 4507.50 to 4507.52 that shows that a person is twenty-one years of age or older. G. “Tobacco product.” Means any product that is made or derived from tobacco or that contains any form of nicotine, if it is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled, or ingested by any other means, including, but not limited to, a cigarette, an electronic smoking device, a cigar, pipe tobacco, chewing tobacco, snuff, or snus. The phrase also means any component or accessory used in the consumption of a tobacco product, such as filters, rolling papers, pipes, blunt or hemp wraps, and liquids used in electronic smoking devices, whether or not they contain nicotine. The phrase does not include any product that is a drug, device, or combination product, as those terms are defined or described in 21 U.S.C. 321 and 353(g). H. “Vapor product.” Means a product, other than a cigarette or other tobacco product as defined in Ohio R.C. Chapter 5743, that contains or is made or derived from nicotine and that is intended and marketed for human consumption, including by smoking, inhaling, snorting, or sniffing. The phrase includes any component, part, or additive that is intended for use in an electronic smoking device, a mechanical heating element, battery, or electronic circuit and is used to deliver the product. The phrase does not include any product that is a drug, device, or combination product, as those terms are defined or described in 21 U.S.C. 321 and 353(g). The phrase includes any product containing nicotine, regardless of concentration. I. “Vending machine.” Has the same meaning as “coin machine” in Ohio R.C. 2913.01. (2) No manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes, no agent, employee, or representative of a manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes, and no other person shall do any of the following: A. Give, sell, or otherwise distribute cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes: 1. To any person under twenty-one years of age; or 2. Without first verifying proof of age. B. Give away, sell, or distribute cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes in any place that does not have posted in a conspicuous place a legibly printed sign in letters at least one-half inch high stating that giving, selling, or otherwise distributing cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to a person under twenty-one years of age is prohibited by law; C. Knowingly furnish any false information regarding the name, age, or other identification of any person under twenty-one years of age with purpose to obtain cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes for that person; D. Manufacture, sell, or distribute in this state any pack or other container of cigarettes containing fewer than twenty cigarettes or any package of roll-your-own tobacco containing less than six-tenths of one ounce of tobacco; E. Sell cigarettes or alternative nicotine products in a smaller quantity than that placed in the pack or other container by the manufacturer; F. Give, sell, or otherwise distribute alternative nicotine products, papers used to roll cigarettes, or tobacco products other than cigarettes over the internet or through another remote method without age verification. G. Allow an employee under eighteen years of age to sell any tobacco product; H. Give away or otherwise distribute free samples of cigarettes, other tobacco products, alternative nicotine products, or coupons redeemable for cigarettes, other tobacco products or alternative tobacco products. (3) No person shall sell or offer to sell cigarettes, other tobacco products, or alternative nicotine products by or from a vending machine, except in the following locations: A. An area within a factory, business, office, or other place not open to the general public; B. An area to which persons under twenty-one years of age are not generally permitted access; C. Any other place not identified in subsection (a)(3)A. or B. of this section, upon all of the following conditions: 1. The vending machine is located within the immediate vicinity, plain view, and control of the person who owns or operates the place, or an employee of that person, so that all cigarettes, other tobacco product, and alternative nicotine product purchases from the vending machine will be readily observed by the person who owns or operates the place or an employee of that person. For the purpose of this section, a vending machine located in any unmonitored area, including an unmonitored coatroom, restroom, hallway, or outer waiting area, shall not be considered located within the immediate vicinity, plain view, and control of the person who owns or operates the place, or an employee of that person. 2. The vending machine is inaccessible to the public when the place is closed. 3\. A clearly visible notice is posted in the area where the vending machine is located that states the following in letters that are legibly printed and at least one-half inch high: “It is illegal for any person under the age of twenty-one to purchase tobacco or alternative nicotine products.” (4) The following are affirmative defenses to a charge under subsection (a)(2)A. of this section: A. The person under twenty-one years of age was accompanied by a parent, spouse who is twenty-one years of age or older, or legal guardian of the person under twenty-one years of age. B. The person who gave, sold, or distributed cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to a person under twenty-one years of age under subsection (a)(2)A. of this section is a parent, spouse who is twenty-one years of age or older, or legal guardian of the person under twenty-one years of age. (5) A. It is not a violation of subsection (a)(2)A. or B. of this section for a person to give or otherwise distribute to a person under twenty-one years of age cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes while the person under twenty-one years of age is participating in a research protocol if all of the following apply: 1. The parent, guardian, or legal custodian of the person under twenty-one years of age has consented in writing to the person under twenty-one years of age participating in the research protocol. 2. An institutional human subjects protection review board, or an equivalent entity, has approved the research protocol. 3. The person under twenty-one years of age is participating in the research protocol at the facility or location specified in the research protocol. B. It is not a violation of subsection (a)(2)A. or B. of this section for an employer to permit an employee eighteen, nineteen or twenty years of age to sell a tobacco product. (6) A. No delivery service shall accept from, transport or deliver to, or allow pick-up by, a person under twenty-one years of age with respect to any of the following: 1. Alternative nicotine products; 2. Papers used to roll cigarettes; 3. Tobacco products other than cigarettes. B. A delivery service shall require proof of age as a condition of accepting, transporting, delivering, or allowing pickup of the items described in subsections (a)(6)A1. to 3. of this section. (7) Whoever violates subsections (a)(2)A., B., D., E., F., G., H., (3) or (6) of this section is guilty of illegal distribution of cigarettes, other tobacco products, or alternative nicotine products. Except as otherwise provided in this division, illegal distribution of cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the fourth degree. If the offender previously has been convicted of or pleaded guilty to illegal distribution of cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the third degree. (8) A. Notwithstanding Ohio R.C. 2929.28(A)(2), if an offender is convicted of or pleads guilty to a violation of subsection (a)(2)A. of this section, the court shall impose a fine in the following amount: 1. Except as otherwise provided in subsections (a)(8)A.2., (a)(8)A.3., (a)(8)A.4., and (a)(8)A.5. of this section, not more than two hundred fifty dollars ($250.00); 2. Except as otherwise provided in subsections (a)(8)A.3., (a)(8)A.4., and (a)(8)A.5. of this section, if an offender has previously been convicted of or pleaded guilty to a violation of subsection (a)(2)A. of this section or a substantially equivalent state law or municipal ordinance, not more than five hundred dollars ($500.00); 3. Except as otherwise provided in subsections (a)(8)A.4. and (a)(8)A.5. of this section, if an offender previously has been convicted of or pleaded guilty to two or more violations of subsection (a)(2)A. of this section or a substantially equivalent state law or municipal ordinance, five hundred dollars ($500.00); 4. Except as otherwise provided in subsection (a)(8)A.5. of this section, if an offender previously has been convicted of or pleaded guilty to three or more violations of subsection (a)(2)A. of this section or a substantially equivalent state law or municipal ordinance, one thousand dollars ($1,000.00); 5. If an offender previously has been convicted of or pleaded guilty to four or more violations of subsection (a)(2)A. of this section or a substantially equivalent state law or municipal ordinance, one thousand five hundred dollars ($1,500), B. The financial sanctions required by subsection (a)(8)A. of this section are in lieu of the financial sanctions described in Ohio R.C. 2929.28(A)(2), but are in addition to any other sanctions or penalties that may apply to the offender, including other financial sanctions under that section or a jail term under Ohio R.C. 2929.24. (9) Whoever violates subsection (a)(2)C. of this section is guilty of permitting a person under twenty-one years of age to use cigarettes, other tobacco products, or alternative nicotine products. Except as otherwise provided in this division, permitting a person under twenty-one years of age to use cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the fourth degree. If the offender previously has been convicted of a violation of subsection (a)(2)C. of this section or a substantially equivalent state law or municipal ordinance, permitting a person under twenty-one years of age to use cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the third degree. (10) Any cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes that are given, sold, or otherwise distributed to a person under twenty-one years of age in violation of this section and that are used, possessed, purchased, or received by a person under twenty-one years of age in violation of Ohio R.C. 2151.87 are subject to seizure and forfeiture as contraband under Ohio R.C. Chapter 2981. (ORC 2927.02) (b) Transaction Scan. (1) For the purpose of this subsection (b) and subsection (c) of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. A. “Card holder.” Any person who presents a driver’s or commercial driver’s license or an identification card to a seller, or an agent or employee of a seller, to purchase or receive cigarettes, other tobacco products, or alternative nicotine products from a seller, agent or employee. B. “Identification card.” An identification card issued under Ohio R.C. 4507.50 to 4507.52. C. “Seller.” A seller of cigarettes, other tobacco products, or alternative nicotine products and includes any person whose gift of or other distribution of cigarettes, other tobacco products, or alternative nicotine products is subject to the prohibitions of subsection (a) of this section. D. “Transaction scan.” The process by which a seller or an agent or employee of a seller checks, by means of a transaction scan device, the validity of a driver’s or commercial driver’s license or an identification card that is presented as a condition for purchasing or receiving cigarettes, other tobacco products, or alternative nicotine products. E. “Transaction scan device.” Any commercial device or combination of devices used at a point of sale that is capable of deciphering in an electronically readable format the information encoded on the magnetic strip or bar code of a driver’s or commercial driver’s license or an identification card. (2) A. A seller or an agent or employee of a seller may perform a transaction scan by means of a transaction scan device to check the validity of a driver’s or commercial driver’s license or identification card presented by a card holder as a condition for selling, giving away or otherwise distributing to the card holder cigarettes, other tobacco products, or alternative nicotine products. B. If the information deciphered by the transaction scan performed under subsection (b)(2)A. of this section fails to match the information printed on the driver’s or commercial driver’s license or identification card presented by the card holder, or if the transaction scan indicates that the information so printed is false or fraudulent, neither the seller nor any agent or employee of the seller shall sell, give away or otherwise distribute any cigarettes, other tobacco products, or alternative nicotine products to the card holder. C. Subsection (b)(2)A. of this section does not preclude a seller or an agent or employee of a seller from using a transaction scan device to check the validity of a document other than a driver’s or commercial driver’s license or identification card, if the document includes a bar code or magnetic strip that may be scanned by the device, as a condition for selling, giving away or otherwise distributing cigarettes, other tobacco products, or alternative nicotine products to the person presenting the document. (3) Rules adopted by the Registrar of Motor Vehicles under Ohio R.C. 4301.61(C) apply to the use of transaction scan devices for purposes of this subsection (b) and subsection (c) of this section. (4) A. No seller or agent or employee of a seller shall electronically or mechanically record or maintain any information derived from a transaction scan, except for the following: 1. The name and date of birth of the person listed on the driver’s or commercial driver’s license or identification card presented by the card holder; 2. The expiration date and identification number of the driver’s or commercial driver’s license or identification card presented by the card holder. B. No seller or agent or employee of a seller shall use the information that is derived from a transaction scan or that is permitted to be recorded and maintained under subsection (b)(4)A. of this section, except for purposes of subsection (c) of this section. C. No seller or agent or employee of a seller shall use a transaction scan device for a purpose other than the purpose specified in subsection (c)(2)A. of this section. D. No seller or agent or employee of a seller shall sell or otherwise disseminate the information derived from a transaction scan to any third party, including but not limited to selling or otherwise disseminating that information for any marketing, advertising or promotional activities, but a seller or agent or employee of a seller may release that information pursuant to a court order or as specifically authorized by subsection (c) of this section or another section of these Codified Ordinances or the Ohio Revised Code. (5) Nothing in this subsection (b) or subsection (c) of this section relieves a seller or an agent or employee of a seller of any responsibility to comply with any other applicable local, state or federal laws or rules governing the sale, giving away or other distribution of cigarettes, other tobacco products, or alternative nicotine products. (6) Whoever violates subsection (b)(2)B. or (b)(4) of this section is guilty of engaging in an illegal tobacco product or alternative nicotine product transaction scan, and the court may impose upon the offender a civil penalty of up to one thousand dollars ($1,000) for each violation. The Clerk of the Court shall pay each collected civil penalty to the County Treasurer for deposit into the County Treasury. (ORC 2927.021) (c) Affirmative Defenses. (1) A seller or an agent or employee of a seller may not be found guilty of a charge of a violation of subsection (a) of this section in which the age of the purchaser or other recipient of cigarettes, other tobacco products, or alternative nicotine products is an element of the alleged violation, if the seller, agent or employee raises and proves as an affirmative defense that all of the following occurred: A. A card holder attempting to purchase or receive cigarettes, other tobacco products, or alternative nicotine products presented a driver’s or commercial driver’s license or an identification card. B. A transaction scan of the driver’s or commercial driver’s license or identification card that the card holder presented indicated that the license or card was valid. C. The cigarettes, other tobacco products, or alternative nicotine products were sold, given away or otherwise distributed to the card holder in reasonable reliance upon the identification presented and the completed transaction scan. (2) In determining whether a seller or an agent or employee of a seller has proven the affirmative defense provided by subsection (c)(1) of this section, the trier of fact in the action for the alleged violation of subsection (a) of this section shall consider any written policy that the seller has adopted and implemented and that is intended to prevent violations of subsection (a) of this section. For purposes of subsection (c)(1)C. of this section, the trier of fact shall consider that reasonable reliance upon the identification presented and the completed transaction scan may require a seller or an agent or employee of a seller to exercise reasonable diligence to determine, and that the use of a transaction scan device does not excuse a seller or an agent or employee of a seller from exercising reasonable diligence to determine, the following: A. Whether a person to whom the seller or agent or employee of a seller sells, gives away or otherwise distributes cigarettes, other tobacco products, or alternative nicotine products is twenty-one years of age or older; B. Whether the description and picture appearing on the driver’s or commercial driver’s license or identification card presented by a card holder is that of the card holder. (3) In any criminal action in which the affirmative defense provided by subsection (c)(1) of this section is raised, the Registrar of Motor Vehicles or a Deputy Registrar who issued an identification card under Ohio R.C. 4507.50 to 4507.52 shall be permitted to submit certified copies of the records of that issuance in lieu of the testimony of the personnel of or contractors with the Bureau of Motor Vehicles in the action. (ORC 2927.022) (d) Shipment of Tobacco Products. (1) As used in this subsection (d): A. “Authorized recipient of tobacco products” means: 1. In the case of cigarettes, a person who is: a. Licensed as a cigarette wholesale dealer under Ohio R.C. 5743.15; b. Licensed as a retail dealer as long as the person purchases cigarettes with the appropriate tax stamp affixed; c. An export warehouse proprietor as defined in Internal Revenue Code Section 5702; d. An operator of a customs bonded warehouse under 19 U.S.C. Section 1311 or 19 U.S.C. Section 1555; e. An officer, employee, or agent of the federal government or of this state acting in the person's official capacity; f. A department, agency, instrumentality, or political subdivision of the federal government or of this state; g. A person having a consent for consumer shipment issued by the Ohio Tax Commissioner under Ohio R.C. 5743.71. 2. In the case of electronic smoking devices or vapor products, a person who is: a. Licensed as a distributor of tobacco or vapor products under Ohio R.C. 5743.61; b. A retail dealer of vapor products, as defined in Ohio R.C. 5741.01(C)(3), that is not licensed as a vapor distributor, as long as the tax levied by Ohio R.C. 5743.51, 5743.62, or 5743.63, as applicable, has been paid; c. An operator of a customs bonded warehouse under 19 U.S.C. Section 1311 or 19 U.S.C. Section 1555; d. An officer, employee, or agent of the federal government or of this state acting in the person's official capacity; e. A department, agency, instrumentality, or political subdivision of the federal government or of this state. B. “Motor Carrier,” Has the same meaning as in Ohio R.C. 4923.01. (2) The purpose of this section is to prevent the sale of cigarettes, electronic smoking devices, and vapor products to minors and to ensure compliance with the Master Settlement Agreement, as defined in Ohio R.C. 1346.01. (3) A. No person shall cause to be shipped any cigarettes, electronic smoking devices, and vapor products to any person in this municipality other than an authorized recipient of tobacco products. B. No motor carrier, or other person shall knowingly transport cigarettes, electronic smoking devices, and vapor products to any person in this municipality that the carrier or other person reasonably believes is not an authorized recipient of tobacco products. If cigarettes, electronic smoking devices, and vapor products are transported to a home or residence, it shall be presumed that the motor carrier, or other person knew that the person to whom the cigarettes, electronic smoking devices, and vapor products were delivered was not an authorized recipient of tobacco products. (4) No person engaged in the business of selling cigarettes, electronic smoking devices, and vapor products who ships or causes to be shipped cigarettes, electronic smoking devices, and vapor products to any person in this municipality in any container or wrapping other than the original container or wrapping shall fail to plainly and visibly mark the exterior of the container or wrapping in which the cigarettes, electronic smoking devices, and vapor products are shipped with the words ”cigarettes”, ”electronic smoking devices”, or “vapor products”, as applicable. (5) A court shall impose a fine of up to one thousand dollars ($1,000) for each violation of subsection (d)(3)A., (d)(3)B. or (d)(4) of this section. (ORC 2927.023) (e) Furnishing False Information to Obtain Tobacco Products. (1) No person who is eighteen years of age or older but younger than twenty-one years of age shall knowingly furnish false information concerning that person’s name, age, or other identification for the purpose of obtaining tobacco products. (2) Whoever violates subsection (e)(1) of this section is guilty of furnishing false information to obtain tobacco products. Except as otherwise provided in this division, furnishing false information to obtain tobacco products is a misdemeanor of the fourth degree. If the offender previously has been convicted of or pleaded guilty to a violation of subsection (e)(1) of this section or a substantially equivalent state law or municipal ordinance, furnishing false information to obtain tobacco products is a misdemeanor of the third degree. (ORC 2927.024) 537.19 RESERVED. (Editor’s note: This section was formerly 537.19 Criminal Child Enticement, based on Ohio R.C. 2905.05, Criminal Child Enticement. The Ohio Supreme Court held that Ohio R.C. 2905.05(A) was unconstitutionally overbroad in violation of the First Amendment. See State v. Romage, 138 Ohio St. 3d. 390 (2014).) 537.20 CONTRIBUTING TO UNRULINESS OR DELINQUENCY OF A CHILD. (a) As used in this section: (1) “Delinquent child” has the same meaning as in Ohio R.C. 2152.02. (2) “Unruly child” has the same meaning as in Ohio R.C. 2151.022. (b) No person, including a parent, guardian or other custodian of a child, shall do any of the following: (1) Aid, abet, induce, cause, encourage, or contribute to a child or a ward of the juvenile court becoming an unruly child or a delinquent child; (2) Act in a way tending to cause a child or a ward of the juvenile court to become an unruly child or a delinquent child; (3) Act in a way that contributes to an adjudication of the child as a delinquent child based on the child’s violation of a court order adjudicating the child an unruly child for being an habitual truant; (4) If the person is the parent, guardian, or custodian of a child who has the duties under Ohio R.C. Chapters 2152 and 2950 to register, register a new residence address, and periodically verify a residence address and, if applicable, to send a notice of intent to reside, and if the child is not emancipated, as defined in Ohio R.C. 2919.121, fail to ensure that the child complies with those duties under Ohio R.C. Chapters 2152 and 2950. (c) Whoever violates this section is guilty of contributing to the unruliness or delinquency of a child, a misdemeanor of the first degree. Each day of violation of this section is a separate offense. (ORC 2919.24) 537.21 HAZING PROHIBITED. (a) As used in this section: (1) “Hazing” means doing any act or coercing another, including the victim, to do any act of initiation into any student or other organization or any act to continue or reinstate membership in or affiliation with any student or other organization that causes or creates a substantial risk of causing mental or physical harm to any person, including coercing another to consume alcohol or a drug of abuse, as defined in Ohio R.C. 3719.011. (2) “Organization” includes a national or international organization with which a fraternity or sorority is affiliated. (b) (1) No person shall recklessly participate in the hazing of another. (2) No administrator, employee, faculty member, teacher, consultant, alumnus, or volunteer of any organization, including any primary, secondary, or post-secondary school or any other educational institution, public or private, shall recklessly permit the hazing of any person associated with the organization. (c) (1) No person shall recklessly participate in the hazing of another when the hazing includes coerced consumption of alcohol or drugs of abuse resulting in serious physical harm to the other person. (2) No administrator, employee, faculty member, teacher, consultant, alumnus, or volunteer of any organization, including any primary, secondary, or post-secondary school or other educational institution, public or private, shall recklessly permit the hazing of any person associated with the organization when the hazing includes coerced consumption of alcohol or drugs of abuse resulting in serious physical harm to that person. (d) Whoever violates subsections (b) or (c) of this section is guilty of hazing. A violation of subsections (b)(1) or (b)(2) of this section is a misdemeanor of the second degree. A violation of subsections (c)(1) or (c)(2) of this section is a felony to be prosecuted under appropriate state law. (ORC 2903.31) (e) Reckless failure to immediately report knowledge of hazing. (1) No administrator, employee, faculty member, teacher, consultant, alumnus, or volunteer of any organization, including any primary, secondary, or post-secondary school or any other public or private educational institution, who is acting in an official and professional capacity shall recklessly fail to immediately report the knowledge of hazing to a law enforcement agency in the county in which the victim of hazing resides or in which the hazing is occurring or has occurred. (2) A violation of subsection (e)(1) of this section is a misdemeanor of the fourth degree, except that the violation is a misdemeanor of the first degree if the hazing causes serious physical harm. (ORC 2903.311(B), (C)) 537.22 ILLEGAL USE OF A TRACKING DEVICE OR APPLICATION. (a) As used in this section: (1) “Business entity” means any form of corporation, partnership, association, cooperative, joint venture, business trust, or sole proprietorship that conducts business in this state. (2) “Business of private investigation” has the same meaning as in Ohio R.C. 4749.01. (3) “Disabled adult” has the same meaning as in Ohio R.C. 2913.01. (4) “Elderly person” has the same meaning as in Ohio R.C. 2913.01. (5) “Electronic monitoring” has the same meaning as in Ohio R.C. 2929.01. (6) “Electronic monitoring device” has the same meaning as in Ohio R.C. 2929.01. (7) “Law enforcement agency” means any organization or unit comprised of law enforcement officers, and also includes any federal or military law enforcement agency. (8) “Ohio Protection Order” means a protection order filed or issued or a consent agreement approved pursuant to Ohio R.C. 2919.26 or 3113.31, a protection order filed or issued pursuant to Ohio R.C. 2151.34, 2903.213, or 2903.214, or a no contact order issued as any of the following: A. As part of a person’s sentence under a community control sanction imposed under Ohio R.C. 2929.16, 2929.17, 2929.26, or 2929.27; B. As a term or condition of a person’s release under Ohio R.C. 2929.20; C. As a post-release control sanction imposed as a condition of a person’s post-release control under Ohio R.C. 2967.28; D. As a term of supervision for a person transferred to transitional control under Ohio R.C. 2967.26; E. As a term or condition of the intervention plan of a person granted intervention in lieu of conviction under Ohio R.C. 2951.041. (9) “Person” means an individual, but does not include a business entity. (10) “Private investigator” has the same meaning as in Ohio R.C. 4749.01. (11) “Protection order issued by a court of another state” has the same meaning as in Ohio R.C. 2919.27. (12) “Tracking application” means any software program that permits a person to remotely determine or track the position or movement of another person or another person’s property. (13) “Tracking device” means an electronic or mechanical device that permits a person to remotely determine or track the position or movement of another person or another person’s property, including an electronic monitoring device. (b) Except as otherwise provided in subsection (d) of this section, no person shall knowingly do either of the following: (1) Install a tracking device or tracking application on another person’s property without the other person’s consent or cause a tracking device or tracking application to track the position or movement of another person or another person’s property without the other person’s consent; (2) If the person installed a tracking device or tracking application on another’s property with the other person’s consent and the other person subsequently revokes that consent, fail to remove or ensure the removal of the device or application after the other person revokes the consent. (c) (1) For purposes of this section, if a person has given consent for another to install a tracking device or tracking application on the consenting person’s property, it is presumed that the consenting person has revoked that consent if any of the following applies: A. The consenting person and the person to whom consent was given are lawfully married and one of them files a complaint for divorce or a petition for dissolution of marriage from the other. Not later than seventy-two hours after being served with a complaint for divorce or a petition for dissolution of marriage, the person to whom consent was given shall lawfully uninstall or discontinue use of the tracking device or tracking application. If the person to whom consent was given cannot lawfully uninstall or discontinue use of the tracking device or tracking application, the person to whom consent was given shall notify the court in which the complaint for divorce or the petition for dissolution of marriage was filed in writing. B. The consenting person or the person to whom consent was given files an Ohio protection order against the other person or an Ohio protection order is issued against the other person, and the person to be protected under the order is the consenting person. Not later than seventy-two hours after being served with the Ohio protection order, the person to whom consent was given shall lawfully uninstall or discontinue use of the tracking device or tracking application. If the person to whom consent was given cannot lawfully uninstall or discontinue use of the tracking device or tracking application, the person to whom consent was given shall notify the court that issued the Ohio protection order in writing that the person to whom consent was given has installed or is using a tracking device or tracking application on the previously consenting person’s person or the person’s property and cannot uninstall or discontinue its use without violating the Ohio protection order. (2) Revocation of consent under this subsection is effective upon the service of the petition or motion or an Ohio protection order. (d) This section does not apply to any of the following: (1) A law enforcement officer, or any law enforcement agency, that installs a tracking device or tracking application on another person’s property or causes a tracking device or tracking application to track the position or movement of another person or another person’s property as part of a criminal investigation, or a probation officer, parole officer, or employee of the department of rehabilitation and correction, a halfway house, or a community-based correctional facility when engaged in the lawful performance of the officer’s or employee’s official duties; (2) A parent or legal guardian of a minor child who installs or uses a tracking device or tracking application to track the minor child if any of the following applies: A. The parents or legal guardians of the child are lawfully married to each other and are not separated or otherwise living apart, and either of those parents or legal guardians consents to the installation of the tracking device or tracking application; B. The parent or legal guardian of the child is the sole surviving parent or legal guardian of the child; C. The parent or legal guardian of the child has sole custody of the child; D. The parents or legal guardians of the child are divorced, separated, or otherwise living apart and neither parent has sole custody of the child, and both consent to the installation of the tracking device or tracking application; E. The parents or legal guardians of the child are divorced, separated, or otherwise living apart, neither parent has sole custody of the child, and either only one parent consents to the installation of the tracking device or tracking application or one parent revokes consent, if the consenting parent only uses the tracking device or tracking application during that parent’s parenting or custodial time and disables or removes the tracking device or application during the nonconsenting parent’s parenting or custodial time. (3) A caregiver of an elderly person or disabled adult, if the elderly person’s or disabled adult’s treating physician certifies that the installation of a tracking device or tracking application onto the elderly person’s or disabled adult’s property is necessary to ensure the safety of the elderly person or disabled adult; (4) A person acting in good faith on behalf of a business entity for a legitimate business purpose, provided that this division does not apply to a private investigator engaged in the business of private investigation on behalf of another person; (5) A. A private investigator or other person licensed under Ohio R.C. 4749.03, who is acting in the normal course of the investigator’s business of private investigation on behalf of another person and who has the consent of the owner of the property upon which the tracking device or tracking application is installed, for the purpose of obtaining information with reference to any of the following: 1. Criminal offenses committed, threatened, or suspected against the United States, a territory of the United States, a state, or any person or legal entity; 2. Locating an individual known to be a fugitive from justice; 3. Locating lost or stolen property or other assets that have been awarded by the court; 4. Investigating claims related to workers’ compensation. B. This subsection does not apply if the person on whose behalf the private investigator is working is the subject of an Ohio protection order or a protection order issued by a court of another state or if the private investigator knows or reasonably should know that the person on whose behalf the private investigator is working seeks the investigator’s services to aid in the commission of a crime. (6) An owner or lessee of a motor vehicle who installs, or directs the installation of, a tracking device or tracking application on the vehicle during the period of ownership or lease, if any of the following applies: A. The tracking device or tracking application is removed before the vehicle’s title is transferred or the vehicle’s lease expires; B. The new owner of the vehicle, in the case of a sale, or the lessor of the vehicle, in the case of an expired lease, consents in writing to the non-removal of the tracking device or tracking application; C. The owner of the vehicle at the time of the installation of the tracking device or tracking application was the original manufacturer of the vehicle. (7) A person who installs a tracking device or application on property in which the person has an ownership or contractual interest, unless the person is the subject of a protective order and the property is likely to be used by the person who obtained the protective order; (8) A person or business entity that installs a tracking device or tracking application on any fixed wing aircraft or rotorcraft operated or managed by the person or business entity pursuant to 14 C.F.R. part 91 or part 135 to track the position or movement of the fixed wing aircraft or rotorcraft; (9) A surety bail bond agent, or any employee or contractor of a surety bail bond agent, that installs a tracking device or tracking application on another person’s property or causes a tracking device or tracking application to track the position or movement of another person or another person’s property as part of the surety bail bond agent’s, employee’s, or contractor’s official responsibilities or duties. (e) For purposes of subsection (d)(1) of this section, a probation officer, parole officer, or employee of the department of rehabilitation and correction, a halfway house, or a community-based correctional facility is engaged in the lawful performance of the officer’s or employee’s duties if both of the following apply: (1) The court or the Department of Rehabilitation and Correction imposes electronic monitoring on a person. (2) The officer or employee installs or uses an electronic monitoring device on that person in accordance with the court’s or department’s imposition of electronic monitoring of that person. (f) Whoever violates this section is guilty of illegal use of a tracking device or application. (1) Except as otherwise provided in subsection (f)(2) of this section, illegal use of a tracking device or application is a misdemeanor of the first degree. (2) Illegal use of a tracking device or application is a felony to be prosecuted under state law if any of the following applies: A. The offender previously has been convicted of or pleaded guilty to a violation of this section, Ohio R.C. 2903.216, or Ohio R.C. 2903.211 or any substantially equivalent municipal ordinance. B. At the time of the commission of the offense, the offender was the subject of a protection order issued under Ohio R.C. 2903.213 or 2903.214, regardless of whether the person to be protected under the order is the victim of the offense or another person. C. Prior to committing the offense, the offender had been determined to represent a substantial risk of physical harm to others as manifested by evidence of then-recent homicidal or other violent behavior, evidence of then-recent threats that placed another in reasonable fear of violent behavior and serious physical harm, or other evidence of then-present dangerousness. D. The offender has a history of violence toward the victim or a history of other violent acts towards the victim. (ORC 2903.216) 537.99 PENALTY. (EDITOR'S NOTE: See Section 501.99 for penalties applicable to any misdemeanor classification.) Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588. Hosted by: American Legal Publishing Back to Code Library Previous Doc Next Doc 0 items available --- ## Detected legislative history - Ordinances of Sheffield Lake, OH - ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO - ORDINANCE NO. 116-84 - ORDINANCES OF SHEFFIELD LAKE - orderly Conduct and Peace Disturbance - ORDER - ordinance, not more than five hundred dollars ($500 - ordinance, five hundred dollars ($500 - ordinance, one thousand dollars ($1,000 - ordinance, one thousand five hundred dollars ($1,500), - ordinance, permitting a person under twenty-one years of age to use cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the third degree - adopted by the Registrar of Motor Vehicles under Ohio R - ord or maintain any information derived from a transaction scan, except for the following: - orded and maintained under subsection (b)(4)A - order or as specifically authorized by subsection (c) of this section or another section of these Codified Ordinances or the Ohio Revised Code - adopted and implemented and that is intended to prevent violations of subsection (a) of this section - ords of that issuance in lieu of the testimony of the personnel of or contractors with the Bureau of Motor Vehicles in the action - ords ”cigarettes”, ”electronic smoking devices”, or “vapor products”, as applicable - ordinance, furnishing false information to obtain tobacco products is a misdemeanor of the third degree - order adjudicating the child an unruly child for being an habitual truant; - Order” means a protection order filed or issued or a consent agreement approved pursuant to Ohio R - order filed or issued pursuant to Ohio R - order issued as any of the following: - order issued by a court of another state” has the same meaning as in Ohio R - order against the other person or an Ohio protection order is issued against the other person, and the person to be protected under the order is the consenting person - order, the person to whom consent was given shall lawfully uninstall or discontinue use of the tracking device or tracking application - order in writing that the person to whom consent was given has installed or is using a tracking device or tracking application on the previously consenting person’s person or the pers - order - effective upon the service of the petition or motion or an Ohio protection order - order or a protection order issued by a court of another state or if the private investigator knows or reasonably should know that the person on whose behalf the private investigator - order and the property is likely to be used by the person who obtained the protective order; - ordance with the court’s or department’s imposition of electronic monitoring of that person - ordinance. B - order issued under Ohio R - order is the victim of the offense or another person - Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality - Ordinances should be consulted prior to any action being taken - Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588 --- *Imported automatically by MunicipalWiki. The original publisher remains the authoritative source pending legal normalization and verification.* # 537.20 CONTRIBUTING TO UNRULINESS OR DELINQUENCY OF A CHILD. # 537.20 CONTRIBUTING TO UNRULINESS OR DELINQUENCY OF A CHILD.
Document typesection
Identifier537.20
Citation§ 537.20
Ordinances detectedS, 116-84, ER, INANCE
Original source[American Legal Publishing](https://codelibrary.amlegal.com/codes/sheffieldlake/latest/sheffieldlake_oh/0-0-0-11963)
Content hash`7c2bac3ce15e77eb25dae45561bca290e0efcb42b3425c19f674e2159077370b`
--- Skip to main content Search Sitemap Login Select Language Resources Skip to code content (skip section selection) 2025-04 (current) Sheffield Lake Overview Codified Ordinances of Sheffield Lake, OH CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO CERTIFICATION ROSTER OF OFFICIALS ADOPTING ORDINANCE NO. 116-84 COMPARATIVE SECTION TABLE TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE CHARTER PART ONE - ADMINISTRATIVE CODE PART THREE - TRAFFIC CODE PART FIVE - GENERAL OFFENSES CODE CHAPTER 501 General Provisions and Penalty CHAPTER 505 Animals and Fowl CHAPTER 509 Disorderly Conduct and Peace Disturbance CHAPTER 513 Drug Abuse Control CHAPTER 517 Gambling CHAPTER 521 Health, Safety and Sanitation CHAPTER 525 Law Enforcement and Public Office CHAPTER 529 Liquor Control CHAPTER 531 Noise Control CHAPTER 533 Obscenity and Sex Offenses CHAPTER 537 Offenses Against Persons 537.01 NEGLIGENT HOMICIDE. 537.02 VEHICULAR HOMICIDE AND MANSLAUGHTER. 537.021 VEHICULAR ASSAULT IN A CONSTRUCTION ZONE. 537.03 ASSAULT. 537.04 NEGLIGENT ASSAULT. 537.05 AGGRAVATED MENACING. 537.051 MENACING BY STALKING. 537.06 MENACING. 537.07 ENDANGERING CHILDREN. 537.08 UNLAWFUL RESTRAINT. 537.09 COERCION. 537.10 TELECOMMUNICATION HARASSMENT. 537.11 THREATENING OR HARASSING TELEPHONE CALLS. 537.12 MISUSE OF 9-1-1 SYSTEM. 537.13 ADULTERATING OF OR FURNISHING ADULTERATED FOOD OR CONFECTION. 537.14 DOMESTIC VIOLENCE. 537.15 ANNOYING BUILDING OCCUPANTS. 537.16 MOLESTING OR INSULTING PERSONS. 537.17 TEMPORARY PROTECTION ORDER. 537.18 ILLEGAL DISTRIBUTION OF CIGARETTES, OTHER TOBACCO PRODUCTS, OR ALTERNATE NICOTINE PRODUCTS; TRANSACTION SCANS. 537.19 RESERVED. 537.20 CONTRIBUTING TO UNRULINESS OR DELINQUENCY OF A CHILD. 537.21 HAZING PROHIBITED. 537.22 ILLEGAL USE OF A TRACKING DEVICE OR APPLICATION. 537.99 PENALTY. CHAPTER 541 Property Offenses CHAPTER 545 Theft and Fraud CHAPTER 549 Weapons and Explosives CHAPTER 553 Railroads CHAPTER 557 Watercraft CHAPTER 561 Weeds and Grass PART SEVEN - BUSINESS REGULATION CODE PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE PART ELEVEN - PLANNING AND ZONING CODE PART THIRTEEN - BUILDING CODE PART FIFTEEN - FIRE PREVENTION CODE OH Sheffield Lake Codified Ordinances of Sheffield Lake, OH 537.20 CONTRIBUTING TO UNRULINESS OR DELINQUENCY OF A CHILD. CHAPTER 537 Offenses Against Persons 537.18 ILLEGAL DISTRIBUTION OF CIGARETTES, OTHER TOBACCO PRODUCTS, OR ALTERNATE NICOTINE PRODUCTS; TRANSACTION SCANS. (a) Illegal Distribution of Cigarettes, Other Tobacco Products, or Alternative Nicotine Products. (1) As used in this section: A. “Age verification.” A service provided by an independent third party (other than a manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes) that compares information available from a commercially available database, or aggregate of databases, that regularly are used by government and businesses for the purpose of age and identity verification to personal information provided during an internet sale or other remote method of sale to establish that the purchaser is twenty-one years of age or older. B. “Alternative nicotine product.” 1. Subject to subsection (a)(1)B.2. of this section, an electronic smoking device, vapor product, or any other product or device that consists of or contains nicotine that can be ingested into the body by any means, including, but not limited to, chewing, smoking, absorbing, dissolving, or inhaling. 2. The phrase does not include any of the following: a. Any cigarette or other tobacco product; b. Any product that is a “drug” as that term is defined in 21 U.S.C. 321(g)(1); c. Any product that is a “device” as that term is defined in 21 U.S.C. 321(h); d. Any product that is a “combination product” as described in 21 U.S.C. 353(g). C. “Cigarette.” Includes clove cigarettes and hand-rolled cigarettes. D. “Distribute.” Means to furnish, give, or provide cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to the ultimate consumer of the cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes. E. “Electronic smoking device.” Means any device that can be used to deliver aerosolized or vaporized nicotine or any other substance to the person inhaling from the device including an electronic cigarette, electronic cigar, electronic hookah, vaping pen, or electronic pipe. The phrase includes any component, part, or accessory of such a device, whether or not sold separately, and includes any substance intended to be aerosolized or vaporized during the use of the device. The phrase does not include any product that is a drug, device, or combination product, as those terms are defined or described in 21 U.S.C. 321 and 353(g). F. “Proof of age.” Means a driver’s license, a commercial driver’s license, a military identification card, a passport, or an identification card issued under Ohio R.C. 4507.50 to 4507.52 that shows that a person is twenty-one years of age or older. G. “Tobacco product.” Means any product that is made or derived from tobacco or that contains any form of nicotine, if it is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled, or ingested by any other means, including, but not limited to, a cigarette, an electronic smoking device, a cigar, pipe tobacco, chewing tobacco, snuff, or snus. The phrase also means any component or accessory used in the consumption of a tobacco product, such as filters, rolling papers, pipes, blunt or hemp wraps, and liquids used in electronic smoking devices, whether or not they contain nicotine. The phrase does not include any product that is a drug, device, or combination product, as those terms are defined or described in 21 U.S.C. 321 and 353(g). H. “Vapor product.” Means a product, other than a cigarette or other tobacco product as defined in Ohio R.C. Chapter 5743, that contains or is made or derived from nicotine and that is intended and marketed for human consumption, including by smoking, inhaling, snorting, or sniffing. The phrase includes any component, part, or additive that is intended for use in an electronic smoking device, a mechanical heating element, battery, or electronic circuit and is used to deliver the product. The phrase does not include any product that is a drug, device, or combination product, as those terms are defined or described in 21 U.S.C. 321 and 353(g). The phrase includes any product containing nicotine, regardless of concentration. I. “Vending machine.” Has the same meaning as “coin machine” in Ohio R.C. 2913.01. (2) No manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes, no agent, employee, or representative of a manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes, and no other person shall do any of the following: A. Give, sell, or otherwise distribute cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes: 1. To any person under twenty-one years of age; or 2. Without first verifying proof of age. B. Give away, sell, or distribute cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes in any place that does not have posted in a conspicuous place a legibly printed sign in letters at least one-half inch high stating that giving, selling, or otherwise distributing cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to a person under twenty-one years of age is prohibited by law; C. Knowingly furnish any false information regarding the name, age, or other identification of any person under twenty-one years of age with purpose to obtain cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes for that person; D. Manufacture, sell, or distribute in this state any pack or other container of cigarettes containing fewer than twenty cigarettes or any package of roll-your-own tobacco containing less than six-tenths of one ounce of tobacco; E. Sell cigarettes or alternative nicotine products in a smaller quantity than that placed in the pack or other container by the manufacturer; F. Give, sell, or otherwise distribute alternative nicotine products, papers used to roll cigarettes, or tobacco products other than cigarettes over the internet or through another remote method without age verification. G. Allow an employee under eighteen years of age to sell any tobacco product; H. Give away or otherwise distribute free samples of cigarettes, other tobacco products, alternative nicotine products, or coupons redeemable for cigarettes, other tobacco products or alternative tobacco products. (3) No person shall sell or offer to sell cigarettes, other tobacco products, or alternative nicotine products by or from a vending machine, except in the following locations: A. An area within a factory, business, office, or other place not open to the general public; B. An area to which persons under twenty-one years of age are not generally permitted access; C. Any other place not identified in subsection (a)(3)A. or B. of this section, upon all of the following conditions: 1. The vending machine is located within the immediate vicinity, plain view, and control of the person who owns or operates the place, or an employee of that person, so that all cigarettes, other tobacco product, and alternative nicotine product purchases from the vending machine will be readily observed by the person who owns or operates the place or an employee of that person. For the purpose of this section, a vending machine located in any unmonitored area, including an unmonitored coatroom, restroom, hallway, or outer waiting area, shall not be considered located within the immediate vicinity, plain view, and control of the person who owns or operates the place, or an employee of that person. 2. The vending machine is inaccessible to the public when the place is closed. 3\. A clearly visible notice is posted in the area where the vending machine is located that states the following in letters that are legibly printed and at least one-half inch high: “It is illegal for any person under the age of twenty-one to purchase tobacco or alternative nicotine products.” (4) The following are affirmative defenses to a charge under subsection (a)(2)A. of this section: A. The person under twenty-one years of age was accompanied by a parent, spouse who is twenty-one years of age or older, or legal guardian of the person under twenty-one years of age. B. The person who gave, sold, or distributed cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to a person under twenty-one years of age under subsection (a)(2)A. of this section is a parent, spouse who is twenty-one years of age or older, or legal guardian of the person under twenty-one years of age. (5) A. It is not a violation of subsection (a)(2)A. or B. of this section for a person to give or otherwise distribute to a person under twenty-one years of age cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes while the person under twenty-one years of age is participating in a research protocol if all of the following apply: 1. The parent, guardian, or legal custodian of the person under twenty-one years of age has consented in writing to the person under twenty-one years of age participating in the research protocol. 2. An institutional human subjects protection review board, or an equivalent entity, has approved the research protocol. 3. The person under twenty-one years of age is participating in the research protocol at the facility or location specified in the research protocol. B. It is not a violation of subsection (a)(2)A. or B. of this section for an employer to permit an employee eighteen, nineteen or twenty years of age to sell a tobacco product. (6) A. No delivery service shall accept from, transport or deliver to, or allow pick-up by, a person under twenty-one years of age with respect to any of the following: 1. Alternative nicotine products; 2. Papers used to roll cigarettes; 3. Tobacco products other than cigarettes. B. A delivery service shall require proof of age as a condition of accepting, transporting, delivering, or allowing pickup of the items described in subsections (a)(6)A1. to 3. of this section. (7) Whoever violates subsections (a)(2)A., B., D., E., F., G., H., (3) or (6) of this section is guilty of illegal distribution of cigarettes, other tobacco products, or alternative nicotine products. Except as otherwise provided in this division, illegal distribution of cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the fourth degree. If the offender previously has been convicted of or pleaded guilty to illegal distribution of cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the third degree. (8) A. Notwithstanding Ohio R.C. 2929.28(A)(2), if an offender is convicted of or pleads guilty to a violation of subsection (a)(2)A. of this section, the court shall impose a fine in the following amount: 1. Except as otherwise provided in subsections (a)(8)A.2., (a)(8)A.3., (a)(8)A.4., and (a)(8)A.5. of this section, not more than two hundred fifty dollars ($250.00); 2. Except as otherwise provided in subsections (a)(8)A.3., (a)(8)A.4., and (a)(8)A.5. of this section, if an offender has previously been convicted of or pleaded guilty to a violation of subsection (a)(2)A. of this section or a substantially equivalent state law or municipal ordinance, not more than five hundred dollars ($500.00); 3. Except as otherwise provided in subsections (a)(8)A.4. and (a)(8)A.5. of this section, if an offender previously has been convicted of or pleaded guilty to two or more violations of subsection (a)(2)A. of this section or a substantially equivalent state law or municipal ordinance, five hundred dollars ($500.00); 4. Except as otherwise provided in subsection (a)(8)A.5. of this section, if an offender previously has been convicted of or pleaded guilty to three or more violations of subsection (a)(2)A. of this section or a substantially equivalent state law or municipal ordinance, one thousand dollars ($1,000.00); 5. If an offender previously has been convicted of or pleaded guilty to four or more violations of subsection (a)(2)A. of this section or a substantially equivalent state law or municipal ordinance, one thousand five hundred dollars ($1,500), B. The financial sanctions required by subsection (a)(8)A. of this section are in lieu of the financial sanctions described in Ohio R.C. 2929.28(A)(2), but are in addition to any other sanctions or penalties that may apply to the offender, including other financial sanctions under that section or a jail term under Ohio R.C. 2929.24. (9) Whoever violates subsection (a)(2)C. of this section is guilty of permitting a person under twenty-one years of age to use cigarettes, other tobacco products, or alternative nicotine products. Except as otherwise provided in this division, permitting a person under twenty-one years of age to use cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the fourth degree. If the offender previously has been convicted of a violation of subsection (a)(2)C. of this section or a substantially equivalent state law or municipal ordinance, permitting a person under twenty-one years of age to use cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the third degree. (10) Any cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes that are given, sold, or otherwise distributed to a person under twenty-one years of age in violation of this section and that are used, possessed, purchased, or received by a person under twenty-one years of age in violation of Ohio R.C. 2151.87 are subject to seizure and forfeiture as contraband under Ohio R.C. Chapter 2981. (ORC 2927.02) (b) Transaction Scan. (1) For the purpose of this subsection (b) and subsection (c) of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. A. “Card holder.” Any person who presents a driver’s or commercial driver’s license or an identification card to a seller, or an agent or employee of a seller, to purchase or receive cigarettes, other tobacco products, or alternative nicotine products from a seller, agent or employee. B. “Identification card.” An identification card issued under Ohio R.C. 4507.50 to 4507.52. C. “Seller.” A seller of cigarettes, other tobacco products, or alternative nicotine products and includes any person whose gift of or other distribution of cigarettes, other tobacco products, or alternative nicotine products is subject to the prohibitions of subsection (a) of this section. D. “Transaction scan.” The process by which a seller or an agent or employee of a seller checks, by means of a transaction scan device, the validity of a driver’s or commercial driver’s license or an identification card that is presented as a condition for purchasing or receiving cigarettes, other tobacco products, or alternative nicotine products. E. “Transaction scan device.” Any commercial device or combination of devices used at a point of sale that is capable of deciphering in an electronically readable format the information encoded on the magnetic strip or bar code of a driver’s or commercial driver’s license or an identification card. (2) A. A seller or an agent or employee of a seller may perform a transaction scan by means of a transaction scan device to check the validity of a driver’s or commercial driver’s license or identification card presented by a card holder as a condition for selling, giving away or otherwise distributing to the card holder cigarettes, other tobacco products, or alternative nicotine products. B. If the information deciphered by the transaction scan performed under subsection (b)(2)A. of this section fails to match the information printed on the driver’s or commercial driver’s license or identification card presented by the card holder, or if the transaction scan indicates that the information so printed is false or fraudulent, neither the seller nor any agent or employee of the seller shall sell, give away or otherwise distribute any cigarettes, other tobacco products, or alternative nicotine products to the card holder. C. Subsection (b)(2)A. of this section does not preclude a seller or an agent or employee of a seller from using a transaction scan device to check the validity of a document other than a driver’s or commercial driver’s license or identification card, if the document includes a bar code or magnetic strip that may be scanned by the device, as a condition for selling, giving away or otherwise distributing cigarettes, other tobacco products, or alternative nicotine products to the person presenting the document. (3) Rules adopted by the Registrar of Motor Vehicles under Ohio R.C. 4301.61(C) apply to the use of transaction scan devices for purposes of this subsection (b) and subsection (c) of this section. (4) A. No seller or agent or employee of a seller shall electronically or mechanically record or maintain any information derived from a transaction scan, except for the following: 1. The name and date of birth of the person listed on the driver’s or commercial driver’s license or identification card presented by the card holder; 2. The expiration date and identification number of the driver’s or commercial driver’s license or identification card presented by the card holder. B. No seller or agent or employee of a seller shall use the information that is derived from a transaction scan or that is permitted to be recorded and maintained under subsection (b)(4)A. of this section, except for purposes of subsection (c) of this section. C. No seller or agent or employee of a seller shall use a transaction scan device for a purpose other than the purpose specified in subsection (c)(2)A. of this section. D. No seller or agent or employee of a seller shall sell or otherwise disseminate the information derived from a transaction scan to any third party, including but not limited to selling or otherwise disseminating that information for any marketing, advertising or promotional activities, but a seller or agent or employee of a seller may release that information pursuant to a court order or as specifically authorized by subsection (c) of this section or another section of these Codified Ordinances or the Ohio Revised Code. (5) Nothing in this subsection (b) or subsection (c) of this section relieves a seller or an agent or employee of a seller of any responsibility to comply with any other applicable local, state or federal laws or rules governing the sale, giving away or other distribution of cigarettes, other tobacco products, or alternative nicotine products. (6) Whoever violates subsection (b)(2)B. or (b)(4) of this section is guilty of engaging in an illegal tobacco product or alternative nicotine product transaction scan, and the court may impose upon the offender a civil penalty of up to one thousand dollars ($1,000) for each violation. The Clerk of the Court shall pay each collected civil penalty to the County Treasurer for deposit into the County Treasury. (ORC 2927.021) (c) Affirmative Defenses. (1) A seller or an agent or employee of a seller may not be found guilty of a charge of a violation of subsection (a) of this section in which the age of the purchaser or other recipient of cigarettes, other tobacco products, or alternative nicotine products is an element of the alleged violation, if the seller, agent or employee raises and proves as an affirmative defense that all of the following occurred: A. A card holder attempting to purchase or receive cigarettes, other tobacco products, or alternative nicotine products presented a driver’s or commercial driver’s license or an identification card. B. A transaction scan of the driver’s or commercial driver’s license or identification card that the card holder presented indicated that the license or card was valid. C. The cigarettes, other tobacco products, or alternative nicotine products were sold, given away or otherwise distributed to the card holder in reasonable reliance upon the identification presented and the completed transaction scan. (2) In determining whether a seller or an agent or employee of a seller has proven the affirmative defense provided by subsection (c)(1) of this section, the trier of fact in the action for the alleged violation of subsection (a) of this section shall consider any written policy that the seller has adopted and implemented and that is intended to prevent violations of subsection (a) of this section. For purposes of subsection (c)(1)C. of this section, the trier of fact shall consider that reasonable reliance upon the identification presented and the completed transaction scan may require a seller or an agent or employee of a seller to exercise reasonable diligence to determine, and that the use of a transaction scan device does not excuse a seller or an agent or employee of a seller from exercising reasonable diligence to determine, the following: A. Whether a person to whom the seller or agent or employee of a seller sells, gives away or otherwise distributes cigarettes, other tobacco products, or alternative nicotine products is twenty-one years of age or older; B. Whether the description and picture appearing on the driver’s or commercial driver’s license or identification card presented by a card holder is that of the card holder. (3) In any criminal action in which the affirmative defense provided by subsection (c)(1) of this section is raised, the Registrar of Motor Vehicles or a Deputy Registrar who issued an identification card under Ohio R.C. 4507.50 to 4507.52 shall be permitted to submit certified copies of the records of that issuance in lieu of the testimony of the personnel of or contractors with the Bureau of Motor Vehicles in the action. (ORC 2927.022) (d) Shipment of Tobacco Products. (1) As used in this subsection (d): A. “Authorized recipient of tobacco products” means: 1. In the case of cigarettes, a person who is: a. Licensed as a cigarette wholesale dealer under Ohio R.C. 5743.15; b. Licensed as a retail dealer as long as the person purchases cigarettes with the appropriate tax stamp affixed; c. An export warehouse proprietor as defined in Internal Revenue Code Section 5702; d. An operator of a customs bonded warehouse under 19 U.S.C. Section 1311 or 19 U.S.C. Section 1555; e. An officer, employee, or agent of the federal government or of this state acting in the person's official capacity; f. A department, agency, instrumentality, or political subdivision of the federal government or of this state; g. A person having a consent for consumer shipment issued by the Ohio Tax Commissioner under Ohio R.C. 5743.71. 2. In the case of electronic smoking devices or vapor products, a person who is: a. Licensed as a distributor of tobacco or vapor products under Ohio R.C. 5743.61; b. A retail dealer of vapor products, as defined in Ohio R.C. 5741.01(C)(3), that is not licensed as a vapor distributor, as long as the tax levied by Ohio R.C. 5743.51, 5743.62, or 5743.63, as applicable, has been paid; c. An operator of a customs bonded warehouse under 19 U.S.C. Section 1311 or 19 U.S.C. Section 1555; d. An officer, employee, or agent of the federal government or of this state acting in the person's official capacity; e. A department, agency, instrumentality, or political subdivision of the federal government or of this state. B. “Motor Carrier,” Has the same meaning as in Ohio R.C. 4923.01. (2) The purpose of this section is to prevent the sale of cigarettes, electronic smoking devices, and vapor products to minors and to ensure compliance with the Master Settlement Agreement, as defined in Ohio R.C. 1346.01. (3) A. No person shall cause to be shipped any cigarettes, electronic smoking devices, and vapor products to any person in this municipality other than an authorized recipient of tobacco products. B. No motor carrier, or other person shall knowingly transport cigarettes, electronic smoking devices, and vapor products to any person in this municipality that the carrier or other person reasonably believes is not an authorized recipient of tobacco products. If cigarettes, electronic smoking devices, and vapor products are transported to a home or residence, it shall be presumed that the motor carrier, or other person knew that the person to whom the cigarettes, electronic smoking devices, and vapor products were delivered was not an authorized recipient of tobacco products. (4) No person engaged in the business of selling cigarettes, electronic smoking devices, and vapor products who ships or causes to be shipped cigarettes, electronic smoking devices, and vapor products to any person in this municipality in any container or wrapping other than the original container or wrapping shall fail to plainly and visibly mark the exterior of the container or wrapping in which the cigarettes, electronic smoking devices, and vapor products are shipped with the words ”cigarettes”, ”electronic smoking devices”, or “vapor products”, as applicable. (5) A court shall impose a fine of up to one thousand dollars ($1,000) for each violation of subsection (d)(3)A., (d)(3)B. or (d)(4) of this section. (ORC 2927.023) (e) Furnishing False Information to Obtain Tobacco Products. (1) No person who is eighteen years of age or older but younger than twenty-one years of age shall knowingly furnish false information concerning that person’s name, age, or other identification for the purpose of obtaining tobacco products. (2) Whoever violates subsection (e)(1) of this section is guilty of furnishing false information to obtain tobacco products. Except as otherwise provided in this division, furnishing false information to obtain tobacco products is a misdemeanor of the fourth degree. If the offender previously has been convicted of or pleaded guilty to a violation of subsection (e)(1) of this section or a substantially equivalent state law or municipal ordinance, furnishing false information to obtain tobacco products is a misdemeanor of the third degree. (ORC 2927.024) 537.19 RESERVED. (Editor’s note: This section was formerly 537.19 Criminal Child Enticement, based on Ohio R.C. 2905.05, Criminal Child Enticement. The Ohio Supreme Court held that Ohio R.C. 2905.05(A) was unconstitutionally overbroad in violation of the First Amendment. See State v. Romage, 138 Ohio St. 3d. 390 (2014).) 537.20 CONTRIBUTING TO UNRULINESS OR DELINQUENCY OF A CHILD. (a) As used in this section: (1) “Delinquent child” has the same meaning as in Ohio R.C. 2152.02. (2) “Unruly child” has the same meaning as in Ohio R.C. 2151.022. (b) No person, including a parent, guardian or other custodian of a child, shall do any of the following: (1) Aid, abet, induce, cause, encourage, or contribute to a child or a ward of the juvenile court becoming an unruly child or a delinquent child; (2) Act in a way tending to cause a child or a ward of the juvenile court to become an unruly child or a delinquent child; (3) Act in a way that contributes to an adjudication of the child as a delinquent child based on the child’s violation of a court order adjudicating the child an unruly child for being an habitual truant; (4) If the person is the parent, guardian, or custodian of a child who has the duties under Ohio R.C. Chapters 2152 and 2950 to register, register a new residence address, and periodically verify a residence address and, if applicable, to send a notice of intent to reside, and if the child is not emancipated, as defined in Ohio R.C. 2919.121, fail to ensure that the child complies with those duties under Ohio R.C. Chapters 2152 and 2950. (c) Whoever violates this section is guilty of contributing to the unruliness or delinquency of a child, a misdemeanor of the first degree. Each day of violation of this section is a separate offense. (ORC 2919.24) 537.21 HAZING PROHIBITED. (a) As used in this section: (1) “Hazing” means doing any act or coercing another, including the victim, to do any act of initiation into any student or other organization or any act to continue or reinstate membership in or affiliation with any student or other organization that causes or creates a substantial risk of causing mental or physical harm to any person, including coercing another to consume alcohol or a drug of abuse, as defined in Ohio R.C. 3719.011. (2) “Organization” includes a national or international organization with which a fraternity or sorority is affiliated. (b) (1) No person shall recklessly participate in the hazing of another. (2) No administrator, employee, faculty member, teacher, consultant, alumnus, or volunteer of any organization, including any primary, secondary, or post-secondary school or any other educational institution, public or private, shall recklessly permit the hazing of any person associated with the organization. (c) (1) No person shall recklessly participate in the hazing of another when the hazing includes coerced consumption of alcohol or drugs of abuse resulting in serious physical harm to the other person. (2) No administrator, employee, faculty member, teacher, consultant, alumnus, or volunteer of any organization, including any primary, secondary, or post-secondary school or other educational institution, public or private, shall recklessly permit the hazing of any person associated with the organization when the hazing includes coerced consumption of alcohol or drugs of abuse resulting in serious physical harm to that person. (d) Whoever violates subsections (b) or (c) of this section is guilty of hazing. A violation of subsections (b)(1) or (b)(2) of this section is a misdemeanor of the second degree. A violation of subsections (c)(1) or (c)(2) of this section is a felony to be prosecuted under appropriate state law. (ORC 2903.31) (e) Reckless failure to immediately report knowledge of hazing. (1) No administrator, employee, faculty member, teacher, consultant, alumnus, or volunteer of any organization, including any primary, secondary, or post-secondary school or any other public or private educational institution, who is acting in an official and professional capacity shall recklessly fail to immediately report the knowledge of hazing to a law enforcement agency in the county in which the victim of hazing resides or in which the hazing is occurring or has occurred. (2) A violation of subsection (e)(1) of this section is a misdemeanor of the fourth degree, except that the violation is a misdemeanor of the first degree if the hazing causes serious physical harm. (ORC 2903.311(B), (C)) 537.22 ILLEGAL USE OF A TRACKING DEVICE OR APPLICATION. (a) As used in this section: (1) “Business entity” means any form of corporation, partnership, association, cooperative, joint venture, business trust, or sole proprietorship that conducts business in this state. (2) “Business of private investigation” has the same meaning as in Ohio R.C. 4749.01. (3) “Disabled adult” has the same meaning as in Ohio R.C. 2913.01. (4) “Elderly person” has the same meaning as in Ohio R.C. 2913.01. (5) “Electronic monitoring” has the same meaning as in Ohio R.C. 2929.01. (6) “Electronic monitoring device” has the same meaning as in Ohio R.C. 2929.01. (7) “Law enforcement agency” means any organization or unit comprised of law enforcement officers, and also includes any federal or military law enforcement agency. (8) “Ohio Protection Order” means a protection order filed or issued or a consent agreement approved pursuant to Ohio R.C. 2919.26 or 3113.31, a protection order filed or issued pursuant to Ohio R.C. 2151.34, 2903.213, or 2903.214, or a no contact order issued as any of the following: A. As part of a person’s sentence under a community control sanction imposed under Ohio R.C. 2929.16, 2929.17, 2929.26, or 2929.27; B. As a term or condition of a person’s release under Ohio R.C. 2929.20; C. As a post-release control sanction imposed as a condition of a person’s post-release control under Ohio R.C. 2967.28; D. As a term of supervision for a person transferred to transitional control under Ohio R.C. 2967.26; E. As a term or condition of the intervention plan of a person granted intervention in lieu of conviction under Ohio R.C. 2951.041. (9) “Person” means an individual, but does not include a business entity. (10) “Private investigator” has the same meaning as in Ohio R.C. 4749.01. (11) “Protection order issued by a court of another state” has the same meaning as in Ohio R.C. 2919.27. (12) “Tracking application” means any software program that permits a person to remotely determine or track the position or movement of another person or another person’s property. (13) “Tracking device” means an electronic or mechanical device that permits a person to remotely determine or track the position or movement of another person or another person’s property, including an electronic monitoring device. (b) Except as otherwise provided in subsection (d) of this section, no person shall knowingly do either of the following: (1) Install a tracking device or tracking application on another person’s property without the other person’s consent or cause a tracking device or tracking application to track the position or movement of another person or another person’s property without the other person’s consent; (2) If the person installed a tracking device or tracking application on another’s property with the other person’s consent and the other person subsequently revokes that consent, fail to remove or ensure the removal of the device or application after the other person revokes the consent. (c) (1) For purposes of this section, if a person has given consent for another to install a tracking device or tracking application on the consenting person’s property, it is presumed that the consenting person has revoked that consent if any of the following applies: A. The consenting person and the person to whom consent was given are lawfully married and one of them files a complaint for divorce or a petition for dissolution of marriage from the other. Not later than seventy-two hours after being served with a complaint for divorce or a petition for dissolution of marriage, the person to whom consent was given shall lawfully uninstall or discontinue use of the tracking device or tracking application. If the person to whom consent was given cannot lawfully uninstall or discontinue use of the tracking device or tracking application, the person to whom consent was given shall notify the court in which the complaint for divorce or the petition for dissolution of marriage was filed in writing. B. The consenting person or the person to whom consent was given files an Ohio protection order against the other person or an Ohio protection order is issued against the other person, and the person to be protected under the order is the consenting person. Not later than seventy-two hours after being served with the Ohio protection order, the person to whom consent was given shall lawfully uninstall or discontinue use of the tracking device or tracking application. If the person to whom consent was given cannot lawfully uninstall or discontinue use of the tracking device or tracking application, the person to whom consent was given shall notify the court that issued the Ohio protection order in writing that the person to whom consent was given has installed or is using a tracking device or tracking application on the previously consenting person’s person or the person’s property and cannot uninstall or discontinue its use without violating the Ohio protection order. (2) Revocation of consent under this subsection is effective upon the service of the petition or motion or an Ohio protection order. (d) This section does not apply to any of the following: (1) A law enforcement officer, or any law enforcement agency, that installs a tracking device or tracking application on another person’s property or causes a tracking device or tracking application to track the position or movement of another person or another person’s property as part of a criminal investigation, or a probation officer, parole officer, or employee of the department of rehabilitation and correction, a halfway house, or a community-based correctional facility when engaged in the lawful performance of the officer’s or employee’s official duties; (2) A parent or legal guardian of a minor child who installs or uses a tracking device or tracking application to track the minor child if any of the following applies: A. The parents or legal guardians of the child are lawfully married to each other and are not separated or otherwise living apart, and either of those parents or legal guardians consents to the installation of the tracking device or tracking application; B. The parent or legal guardian of the child is the sole surviving parent or legal guardian of the child; C. The parent or legal guardian of the child has sole custody of the child; D. The parents or legal guardians of the child are divorced, separated, or otherwise living apart and neither parent has sole custody of the child, and both consent to the installation of the tracking device or tracking application; E. The parents or legal guardians of the child are divorced, separated, or otherwise living apart, neither parent has sole custody of the child, and either only one parent consents to the installation of the tracking device or tracking application or one parent revokes consent, if the consenting parent only uses the tracking device or tracking application during that parent’s parenting or custodial time and disables or removes the tracking device or application during the nonconsenting parent’s parenting or custodial time. (3) A caregiver of an elderly person or disabled adult, if the elderly person’s or disabled adult’s treating physician certifies that the installation of a tracking device or tracking application onto the elderly person’s or disabled adult’s property is necessary to ensure the safety of the elderly person or disabled adult; (4) A person acting in good faith on behalf of a business entity for a legitimate business purpose, provided that this division does not apply to a private investigator engaged in the business of private investigation on behalf of another person; (5) A. A private investigator or other person licensed under Ohio R.C. 4749.03, who is acting in the normal course of the investigator’s business of private investigation on behalf of another person and who has the consent of the owner of the property upon which the tracking device or tracking application is installed, for the purpose of obtaining information with reference to any of the following: 1. Criminal offenses committed, threatened, or suspected against the United States, a territory of the United States, a state, or any person or legal entity; 2. Locating an individual known to be a fugitive from justice; 3. Locating lost or stolen property or other assets that have been awarded by the court; 4. Investigating claims related to workers’ compensation. B. This subsection does not apply if the person on whose behalf the private investigator is working is the subject of an Ohio protection order or a protection order issued by a court of another state or if the private investigator knows or reasonably should know that the person on whose behalf the private investigator is working seeks the investigator’s services to aid in the commission of a crime. (6) An owner or lessee of a motor vehicle who installs, or directs the installation of, a tracking device or tracking application on the vehicle during the period of ownership or lease, if any of the following applies: A. The tracking device or tracking application is removed before the vehicle’s title is transferred or the vehicle’s lease expires; B. The new owner of the vehicle, in the case of a sale, or the lessor of the vehicle, in the case of an expired lease, consents in writing to the non-removal of the tracking device or tracking application; C. The owner of the vehicle at the time of the installation of the tracking device or tracking application was the original manufacturer of the vehicle. (7) A person who installs a tracking device or application on property in which the person has an ownership or contractual interest, unless the person is the subject of a protective order and the property is likely to be used by the person who obtained the protective order; (8) A person or business entity that installs a tracking device or tracking application on any fixed wing aircraft or rotorcraft operated or managed by the person or business entity pursuant to 14 C.F.R. part 91 or part 135 to track the position or movement of the fixed wing aircraft or rotorcraft; (9) A surety bail bond agent, or any employee or contractor of a surety bail bond agent, that installs a tracking device or tracking application on another person’s property or causes a tracking device or tracking application to track the position or movement of another person or another person’s property as part of the surety bail bond agent’s, employee’s, or contractor’s official responsibilities or duties. (e) For purposes of subsection (d)(1) of this section, a probation officer, parole officer, or employee of the department of rehabilitation and correction, a halfway house, or a community-based correctional facility is engaged in the lawful performance of the officer’s or employee’s duties if both of the following apply: (1) The court or the Department of Rehabilitation and Correction imposes electronic monitoring on a person. (2) The officer or employee installs or uses an electronic monitoring device on that person in accordance with the court’s or department’s imposition of electronic monitoring of that person. (f) Whoever violates this section is guilty of illegal use of a tracking device or application. (1) Except as otherwise provided in subsection (f)(2) of this section, illegal use of a tracking device or application is a misdemeanor of the first degree. (2) Illegal use of a tracking device or application is a felony to be prosecuted under state law if any of the following applies: A. The offender previously has been convicted of or pleaded guilty to a violation of this section, Ohio R.C. 2903.216, or Ohio R.C. 2903.211 or any substantially equivalent municipal ordinance. B. At the time of the commission of the offense, the offender was the subject of a protection order issued under Ohio R.C. 2903.213 or 2903.214, regardless of whether the person to be protected under the order is the victim of the offense or another person. C. Prior to committing the offense, the offender had been determined to represent a substantial risk of physical harm to others as manifested by evidence of then-recent homicidal or other violent behavior, evidence of then-recent threats that placed another in reasonable fear of violent behavior and serious physical harm, or other evidence of then-present dangerousness. D. The offender has a history of violence toward the victim or a history of other violent acts towards the victim. (ORC 2903.216) 537.99 PENALTY. (EDITOR'S NOTE: See Section 501.99 for penalties applicable to any misdemeanor classification.) Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588. Hosted by: American Legal Publishing Back to Code Library Previous Doc Next Doc 0 items available --- ## Detected legislative history - Ordinances of Sheffield Lake, OH - ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO - ORDINANCE NO. 116-84 - ORDINANCES OF SHEFFIELD LAKE - orderly Conduct and Peace Disturbance - ORDER - ordinance, not more than five hundred dollars ($500 - ordinance, five hundred dollars ($500 - ordinance, one thousand dollars ($1,000 - ordinance, one thousand five hundred dollars ($1,500), - ordinance, permitting a person under twenty-one years of age to use cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the third degree - adopted by the Registrar of Motor Vehicles under Ohio R - ord or maintain any information derived from a transaction scan, except for the following: - orded and maintained under subsection (b)(4)A - order or as specifically authorized by subsection (c) of this section or another section of these Codified Ordinances or the Ohio Revised Code - adopted and implemented and that is intended to prevent violations of subsection (a) of this section - ords of that issuance in lieu of the testimony of the personnel of or contractors with the Bureau of Motor Vehicles in the action - ords ”cigarettes”, ”electronic smoking devices”, or “vapor products”, as applicable - ordinance, furnishing false information to obtain tobacco products is a misdemeanor of the third degree - order adjudicating the child an unruly child for being an habitual truant; - Order” means a protection order filed or issued or a consent agreement approved pursuant to Ohio R - order filed or issued pursuant to Ohio R - order issued as any of the following: - order issued by a court of another state” has the same meaning as in Ohio R - order against the other person or an Ohio protection order is issued against the other person, and the person to be protected under the order is the consenting person - order, the person to whom consent was given shall lawfully uninstall or discontinue use of the tracking device or tracking application - order in writing that the person to whom consent was given has installed or is using a tracking device or tracking application on the previously consenting person’s person or the pers - order - effective upon the service of the petition or motion or an Ohio protection order - order or a protection order issued by a court of another state or if the private investigator knows or reasonably should know that the person on whose behalf the private investigator - order and the property is likely to be used by the person who obtained the protective order; - ordance with the court’s or department’s imposition of electronic monitoring of that person - ordinance. B - order issued under Ohio R - order is the victim of the offense or another person - Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality - Ordinances should be consulted prior to any action being taken - Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588 --- *Imported automatically by MunicipalWiki. The original publisher remains the authoritative source pending legal normalization and verification.* # 537.99 PENALTY. # 537.99 PENALTY.
Document typesection
Identifier537.99
Citation§ 537.99
Ordinances detectedS, 116-84, ER, INANCE
Original source[American Legal Publishing](https://codelibrary.amlegal.com/codes/sheffieldlake/latest/sheffieldlake_oh/0-0-0-11971)
Content hash`fc3b191364d1b8b76e2b1a20b5609d362730bc02612d3d8a2e1e84718f4d06e8`
--- Skip to main content Search Sitemap Login Select Language Resources Skip to code content (skip section selection) 2025-04 (current) Sheffield Lake Overview Codified Ordinances of Sheffield Lake, OH CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO CERTIFICATION ROSTER OF OFFICIALS ADOPTING ORDINANCE NO. 116-84 COMPARATIVE SECTION TABLE TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE CHARTER PART ONE - ADMINISTRATIVE CODE PART THREE - TRAFFIC CODE PART FIVE - GENERAL OFFENSES CODE CHAPTER 501 General Provisions and Penalty CHAPTER 505 Animals and Fowl CHAPTER 509 Disorderly Conduct and Peace Disturbance CHAPTER 513 Drug Abuse Control CHAPTER 517 Gambling CHAPTER 521 Health, Safety and Sanitation CHAPTER 525 Law Enforcement and Public Office CHAPTER 529 Liquor Control CHAPTER 531 Noise Control CHAPTER 533 Obscenity and Sex Offenses CHAPTER 537 Offenses Against Persons 537.01 NEGLIGENT HOMICIDE. 537.02 VEHICULAR HOMICIDE AND MANSLAUGHTER. 537.021 VEHICULAR ASSAULT IN A CONSTRUCTION ZONE. 537.03 ASSAULT. 537.04 NEGLIGENT ASSAULT. 537.05 AGGRAVATED MENACING. 537.051 MENACING BY STALKING. 537.06 MENACING. 537.07 ENDANGERING CHILDREN. 537.08 UNLAWFUL RESTRAINT. 537.09 COERCION. 537.10 TELECOMMUNICATION HARASSMENT. 537.11 THREATENING OR HARASSING TELEPHONE CALLS. 537.12 MISUSE OF 9-1-1 SYSTEM. 537.13 ADULTERATING OF OR FURNISHING ADULTERATED FOOD OR CONFECTION. 537.14 DOMESTIC VIOLENCE. 537.15 ANNOYING BUILDING OCCUPANTS. 537.16 MOLESTING OR INSULTING PERSONS. 537.17 TEMPORARY PROTECTION ORDER. 537.18 ILLEGAL DISTRIBUTION OF CIGARETTES, OTHER TOBACCO PRODUCTS, OR ALTERNATE NICOTINE PRODUCTS; TRANSACTION SCANS. 537.19 RESERVED. 537.20 CONTRIBUTING TO UNRULINESS OR DELINQUENCY OF A CHILD. 537.21 HAZING PROHIBITED. 537.22 ILLEGAL USE OF A TRACKING DEVICE OR APPLICATION. 537.99 PENALTY. CHAPTER 541 Property Offenses CHAPTER 545 Theft and Fraud CHAPTER 549 Weapons and Explosives CHAPTER 553 Railroads CHAPTER 557 Watercraft CHAPTER 561 Weeds and Grass PART SEVEN - BUSINESS REGULATION CODE PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE PART ELEVEN - PLANNING AND ZONING CODE PART THIRTEEN - BUILDING CODE PART FIFTEEN - FIRE PREVENTION CODE OH Sheffield Lake Codified Ordinances of Sheffield Lake, OH 537.99 PENALTY. CHAPTER 537 Offenses Against Persons 537.21 HAZING PROHIBITED. (a) As used in this section: (1) “Hazing” means doing any act or coercing another, including the victim, to do any act of initiation into any student or other organization or any act to continue or reinstate membership in or affiliation with any student or other organization that causes or creates a substantial risk of causing mental or physical harm to any person, including coercing another to consume alcohol or a drug of abuse, as defined in Ohio R.C. 3719.011. (2) “Organization” includes a national or international organization with which a fraternity or sorority is affiliated. (b) (1) No person shall recklessly participate in the hazing of another. (2) No administrator, employee, faculty member, teacher, consultant, alumnus, or volunteer of any organization, including any primary, secondary, or post-secondary school or any other educational institution, public or private, shall recklessly permit the hazing of any person associated with the organization. (c) (1) No person shall recklessly participate in the hazing of another when the hazing includes coerced consumption of alcohol or drugs of abuse resulting in serious physical harm to the other person. (2) No administrator, employee, faculty member, teacher, consultant, alumnus, or volunteer of any organization, including any primary, secondary, or post-secondary school or other educational institution, public or private, shall recklessly permit the hazing of any person associated with the organization when the hazing includes coerced consumption of alcohol or drugs of abuse resulting in serious physical harm to that person. (d) Whoever violates subsections (b) or (c) of this section is guilty of hazing. A violation of subsections (b)(1) or (b)(2) of this section is a misdemeanor of the second degree. A violation of subsections (c)(1) or (c)(2) of this section is a felony to be prosecuted under appropriate state law. (ORC 2903.31) (e) Reckless failure to immediately report knowledge of hazing. (1) No administrator, employee, faculty member, teacher, consultant, alumnus, or volunteer of any organization, including any primary, secondary, or post-secondary school or any other public or private educational institution, who is acting in an official and professional capacity shall recklessly fail to immediately report the knowledge of hazing to a law enforcement agency in the county in which the victim of hazing resides or in which the hazing is occurring or has occurred. (2) A violation of subsection (e)(1) of this section is a misdemeanor of the fourth degree, except that the violation is a misdemeanor of the first degree if the hazing causes serious physical harm. (ORC 2903.311(B), (C)) 537.22 ILLEGAL USE OF A TRACKING DEVICE OR APPLICATION. (a) As used in this section: (1) “Business entity” means any form of corporation, partnership, association, cooperative, joint venture, business trust, or sole proprietorship that conducts business in this state. (2) “Business of private investigation” has the same meaning as in Ohio R.C. 4749.01. (3) “Disabled adult” has the same meaning as in Ohio R.C. 2913.01. (4) “Elderly person” has the same meaning as in Ohio R.C. 2913.01. (5) “Electronic monitoring” has the same meaning as in Ohio R.C. 2929.01. (6) “Electronic monitoring device” has the same meaning as in Ohio R.C. 2929.01. (7) “Law enforcement agency” means any organization or unit comprised of law enforcement officers, and also includes any federal or military law enforcement agency. (8) “Ohio Protection Order” means a protection order filed or issued or a consent agreement approved pursuant to Ohio R.C. 2919.26 or 3113.31, a protection order filed or issued pursuant to Ohio R.C. 2151.34, 2903.213, or 2903.214, or a no contact order issued as any of the following: A. As part of a person’s sentence under a community control sanction imposed under Ohio R.C. 2929.16, 2929.17, 2929.26, or 2929.27; B. As a term or condition of a person’s release under Ohio R.C. 2929.20; C. As a post-release control sanction imposed as a condition of a person’s post-release control under Ohio R.C. 2967.28; D. As a term of supervision for a person transferred to transitional control under Ohio R.C. 2967.26; E. As a term or condition of the intervention plan of a person granted intervention in lieu of conviction under Ohio R.C. 2951.041. (9) “Person” means an individual, but does not include a business entity. (10) “Private investigator” has the same meaning as in Ohio R.C. 4749.01. (11) “Protection order issued by a court of another state” has the same meaning as in Ohio R.C. 2919.27. (12) “Tracking application” means any software program that permits a person to remotely determine or track the position or movement of another person or another person’s property. (13) “Tracking device” means an electronic or mechanical device that permits a person to remotely determine or track the position or movement of another person or another person’s property, including an electronic monitoring device. (b) Except as otherwise provided in subsection (d) of this section, no person shall knowingly do either of the following: (1) Install a tracking device or tracking application on another person’s property without the other person’s consent or cause a tracking device or tracking application to track the position or movement of another person or another person’s property without the other person’s consent; (2) If the person installed a tracking device or tracking application on another’s property with the other person’s consent and the other person subsequently revokes that consent, fail to remove or ensure the removal of the device or application after the other person revokes the consent. (c) (1) For purposes of this section, if a person has given consent for another to install a tracking device or tracking application on the consenting person’s property, it is presumed that the consenting person has revoked that consent if any of the following applies: A. The consenting person and the person to whom consent was given are lawfully married and one of them files a complaint for divorce or a petition for dissolution of marriage from the other. Not later than seventy-two hours after being served with a complaint for divorce or a petition for dissolution of marriage, the person to whom consent was given shall lawfully uninstall or discontinue use of the tracking device or tracking application. If the person to whom consent was given cannot lawfully uninstall or discontinue use of the tracking device or tracking application, the person to whom consent was given shall notify the court in which the complaint for divorce or the petition for dissolution of marriage was filed in writing. B. The consenting person or the person to whom consent was given files an Ohio protection order against the other person or an Ohio protection order is issued against the other person, and the person to be protected under the order is the consenting person. Not later than seventy-two hours after being served with the Ohio protection order, the person to whom consent was given shall lawfully uninstall or discontinue use of the tracking device or tracking application. If the person to whom consent was given cannot lawfully uninstall or discontinue use of the tracking device or tracking application, the person to whom consent was given shall notify the court that issued the Ohio protection order in writing that the person to whom consent was given has installed or is using a tracking device or tracking application on the previously consenting person’s person or the person’s property and cannot uninstall or discontinue its use without violating the Ohio protection order. (2) Revocation of consent under this subsection is effective upon the service of the petition or motion or an Ohio protection order. (d) This section does not apply to any of the following: (1) A law enforcement officer, or any law enforcement agency, that installs a tracking device or tracking application on another person’s property or causes a tracking device or tracking application to track the position or movement of another person or another person’s property as part of a criminal investigation, or a probation officer, parole officer, or employee of the department of rehabilitation and correction, a halfway house, or a community-based correctional facility when engaged in the lawful performance of the officer’s or employee’s official duties; (2) A parent or legal guardian of a minor child who installs or uses a tracking device or tracking application to track the minor child if any of the following applies: A. The parents or legal guardians of the child are lawfully married to each other and are not separated or otherwise living apart, and either of those parents or legal guardians consents to the installation of the tracking device or tracking application; B. The parent or legal guardian of the child is the sole surviving parent or legal guardian of the child; C. The parent or legal guardian of the child has sole custody of the child; D. The parents or legal guardians of the child are divorced, separated, or otherwise living apart and neither parent has sole custody of the child, and both consent to the installation of the tracking device or tracking application; E. The parents or legal guardians of the child are divorced, separated, or otherwise living apart, neither parent has sole custody of the child, and either only one parent consents to the installation of the tracking device or tracking application or one parent revokes consent, if the consenting parent only uses the tracking device or tracking application during that parent’s parenting or custodial time and disables or removes the tracking device or application during the nonconsenting parent’s parenting or custodial time. (3) A caregiver of an elderly person or disabled adult, if the elderly person’s or disabled adult’s treating physician certifies that the installation of a tracking device or tracking application onto the elderly person’s or disabled adult’s property is necessary to ensure the safety of the elderly person or disabled adult; (4) A person acting in good faith on behalf of a business entity for a legitimate business purpose, provided that this division does not apply to a private investigator engaged in the business of private investigation on behalf of another person; (5) A. A private investigator or other person licensed under Ohio R.C. 4749.03, who is acting in the normal course of the investigator’s business of private investigation on behalf of another person and who has the consent of the owner of the property upon which the tracking device or tracking application is installed, for the purpose of obtaining information with reference to any of the following: 1. Criminal offenses committed, threatened, or suspected against the United States, a territory of the United States, a state, or any person or legal entity; 2. Locating an individual known to be a fugitive from justice; 3. Locating lost or stolen property or other assets that have been awarded by the court; 4. Investigating claims related to workers’ compensation. B. This subsection does not apply if the person on whose behalf the private investigator is working is the subject of an Ohio protection order or a protection order issued by a court of another state or if the private investigator knows or reasonably should know that the person on whose behalf the private investigator is working seeks the investigator’s services to aid in the commission of a crime. (6) An owner or lessee of a motor vehicle who installs, or directs the installation of, a tracking device or tracking application on the vehicle during the period of ownership or lease, if any of the following applies: A. The tracking device or tracking application is removed before the vehicle’s title is transferred or the vehicle’s lease expires; B. The new owner of the vehicle, in the case of a sale, or the lessor of the vehicle, in the case of an expired lease, consents in writing to the non-removal of the tracking device or tracking application; C. The owner of the vehicle at the time of the installation of the tracking device or tracking application was the original manufacturer of the vehicle. (7) A person who installs a tracking device or application on property in which the person has an ownership or contractual interest, unless the person is the subject of a protective order and the property is likely to be used by the person who obtained the protective order; (8) A person or business entity that installs a tracking device or tracking application on any fixed wing aircraft or rotorcraft operated or managed by the person or business entity pursuant to 14 C.F.R. part 91 or part 135 to track the position or movement of the fixed wing aircraft or rotorcraft; (9) A surety bail bond agent, or any employee or contractor of a surety bail bond agent, that installs a tracking device or tracking application on another person’s property or causes a tracking device or tracking application to track the position or movement of another person or another person’s property as part of the surety bail bond agent’s, employee’s, or contractor’s official responsibilities or duties. (e) For purposes of subsection (d)(1) of this section, a probation officer, parole officer, or employee of the department of rehabilitation and correction, a halfway house, or a community-based correctional facility is engaged in the lawful performance of the officer’s or employee’s duties if both of the following apply: (1) The court or the Department of Rehabilitation and Correction imposes electronic monitoring on a person. (2) The officer or employee installs or uses an electronic monitoring device on that person in accordance with the court’s or department’s imposition of electronic monitoring of that person. (f) Whoever violates this section is guilty of illegal use of a tracking device or application. (1) Except as otherwise provided in subsection (f)(2) of this section, illegal use of a tracking device or application is a misdemeanor of the first degree. (2) Illegal use of a tracking device or application is a felony to be prosecuted under state law if any of the following applies: A. The offender previously has been convicted of or pleaded guilty to a violation of this section, Ohio R.C. 2903.216, or Ohio R.C. 2903.211 or any substantially equivalent municipal ordinance. B. At the time of the commission of the offense, the offender was the subject of a protection order issued under Ohio R.C. 2903.213 or 2903.214, regardless of whether the person to be protected under the order is the victim of the offense or another person. C. Prior to committing the offense, the offender had been determined to represent a substantial risk of physical harm to others as manifested by evidence of then-recent homicidal or other violent behavior, evidence of then-recent threats that placed another in reasonable fear of violent behavior and serious physical harm, or other evidence of then-present dangerousness. D. The offender has a history of violence toward the victim or a history of other violent acts towards the victim. (ORC 2903.216) 537.99 PENALTY. (EDITOR'S NOTE: See Section 501.99 for penalties applicable to any misdemeanor classification.) Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588. Hosted by: American Legal Publishing Back to Code Library Previous Doc Next Doc 0 items available --- ## Detected legislative history - Ordinances of Sheffield Lake, OH - ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO - ORDINANCE NO. 116-84 - ORDINANCES OF SHEFFIELD LAKE - orderly Conduct and Peace Disturbance - ORDER - Order” means a protection order filed or issued or a consent agreement approved pursuant to Ohio R - order filed or issued pursuant to Ohio R - order issued as any of the following: - order issued by a court of another state” has the same meaning as in Ohio R - order against the other person or an Ohio protection order is issued against the other person, and the person to be protected under the order is the consenting person - order, the person to whom consent was given shall lawfully uninstall or discontinue use of the tracking device or tracking application - order in writing that the person to whom consent was given has installed or is using a tracking device or tracking application on the previously consenting person’s person or the pers - order - effective upon the service of the petition or motion or an Ohio protection order - order or a protection order issued by a court of another state or if the private investigator knows or reasonably should know that the person on whose behalf the private investigator - order and the property is likely to be used by the person who obtained the protective order; - ordance with the court’s or department’s imposition of electronic monitoring of that person - ordinance. B - order issued under Ohio R - order is the victim of the offense or another person - Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality - Ordinances should be consulted prior to any action being taken - Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588 --- *Imported automatically by MunicipalWiki. The original publisher remains the authoritative source pending legal normalization and verification.* # 537.21 HAZING PROHIBITED. # 537.21 HAZING PROHIBITED.
Document typesection
Identifier537.21
Citation§ 537.21
Ordinances detectedS, 116-84, ER, INANCE
Original source[American Legal Publishing](https://codelibrary.amlegal.com/codes/sheffieldlake/latest/sheffieldlake_oh/0-0-0-32439)
Content hash`b19162878ea3874e76addcb6bc279ef6c1de37f4924faf6c8fa843c9e017e70e`
--- Skip to main content Search Sitemap Login Select Language Resources Skip to code content (skip section selection) 2025-04 (current) Sheffield Lake Overview Codified Ordinances of Sheffield Lake, OH CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO CERTIFICATION ROSTER OF OFFICIALS ADOPTING ORDINANCE NO. 116-84 COMPARATIVE SECTION TABLE TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE CHARTER PART ONE - ADMINISTRATIVE CODE PART THREE - TRAFFIC CODE PART FIVE - GENERAL OFFENSES CODE CHAPTER 501 General Provisions and Penalty CHAPTER 505 Animals and Fowl CHAPTER 509 Disorderly Conduct and Peace Disturbance CHAPTER 513 Drug Abuse Control CHAPTER 517 Gambling CHAPTER 521 Health, Safety and Sanitation CHAPTER 525 Law Enforcement and Public Office CHAPTER 529 Liquor Control CHAPTER 531 Noise Control CHAPTER 533 Obscenity and Sex Offenses CHAPTER 537 Offenses Against Persons 537.01 NEGLIGENT HOMICIDE. 537.02 VEHICULAR HOMICIDE AND MANSLAUGHTER. 537.021 VEHICULAR ASSAULT IN A CONSTRUCTION ZONE. 537.03 ASSAULT. 537.04 NEGLIGENT ASSAULT. 537.05 AGGRAVATED MENACING. 537.051 MENACING BY STALKING. 537.06 MENACING. 537.07 ENDANGERING CHILDREN. 537.08 UNLAWFUL RESTRAINT. 537.09 COERCION. 537.10 TELECOMMUNICATION HARASSMENT. 537.11 THREATENING OR HARASSING TELEPHONE CALLS. 537.12 MISUSE OF 9-1-1 SYSTEM. 537.13 ADULTERATING OF OR FURNISHING ADULTERATED FOOD OR CONFECTION. 537.14 DOMESTIC VIOLENCE. 537.15 ANNOYING BUILDING OCCUPANTS. 537.16 MOLESTING OR INSULTING PERSONS. 537.17 TEMPORARY PROTECTION ORDER. 537.18 ILLEGAL DISTRIBUTION OF CIGARETTES, OTHER TOBACCO PRODUCTS, OR ALTERNATE NICOTINE PRODUCTS; TRANSACTION SCANS. 537.19 RESERVED. 537.20 CONTRIBUTING TO UNRULINESS OR DELINQUENCY OF A CHILD. 537.21 HAZING PROHIBITED. 537.22 ILLEGAL USE OF A TRACKING DEVICE OR APPLICATION. 537.99 PENALTY. CHAPTER 541 Property Offenses CHAPTER 545 Theft and Fraud CHAPTER 549 Weapons and Explosives CHAPTER 553 Railroads CHAPTER 557 Watercraft CHAPTER 561 Weeds and Grass PART SEVEN - BUSINESS REGULATION CODE PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE PART ELEVEN - PLANNING AND ZONING CODE PART THIRTEEN - BUILDING CODE PART FIFTEEN - FIRE PREVENTION CODE OH Sheffield Lake Codified Ordinances of Sheffield Lake, OH 537.21 HAZING PROHIBITED. CHAPTER 537 Offenses Against Persons 537.18 ILLEGAL DISTRIBUTION OF CIGARETTES, OTHER TOBACCO PRODUCTS, OR ALTERNATE NICOTINE PRODUCTS; TRANSACTION SCANS. (a) Illegal Distribution of Cigarettes, Other Tobacco Products, or Alternative Nicotine Products. (1) As used in this section: A. “Age verification.” A service provided by an independent third party (other than a manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes) that compares information available from a commercially available database, or aggregate of databases, that regularly are used by government and businesses for the purpose of age and identity verification to personal information provided during an internet sale or other remote method of sale to establish that the purchaser is twenty-one years of age or older. B. “Alternative nicotine product.” 1. Subject to subsection (a)(1)B.2. of this section, an electronic smoking device, vapor product, or any other product or device that consists of or contains nicotine that can be ingested into the body by any means, including, but not limited to, chewing, smoking, absorbing, dissolving, or inhaling. 2. The phrase does not include any of the following: a. Any cigarette or other tobacco product; b. Any product that is a “drug” as that term is defined in 21 U.S.C. 321(g)(1); c. Any product that is a “device” as that term is defined in 21 U.S.C. 321(h); d. Any product that is a “combination product” as described in 21 U.S.C. 353(g). C. “Cigarette.” Includes clove cigarettes and hand-rolled cigarettes. D. “Distribute.” Means to furnish, give, or provide cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to the ultimate consumer of the cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes. E. “Electronic smoking device.” Means any device that can be used to deliver aerosolized or vaporized nicotine or any other substance to the person inhaling from the device including an electronic cigarette, electronic cigar, electronic hookah, vaping pen, or electronic pipe. The phrase includes any component, part, or accessory of such a device, whether or not sold separately, and includes any substance intended to be aerosolized or vaporized during the use of the device. The phrase does not include any product that is a drug, device, or combination product, as those terms are defined or described in 21 U.S.C. 321 and 353(g). F. “Proof of age.” Means a driver’s license, a commercial driver’s license, a military identification card, a passport, or an identification card issued under Ohio R.C. 4507.50 to 4507.52 that shows that a person is twenty-one years of age or older. G. “Tobacco product.” Means any product that is made or derived from tobacco or that contains any form of nicotine, if it is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled, or ingested by any other means, including, but not limited to, a cigarette, an electronic smoking device, a cigar, pipe tobacco, chewing tobacco, snuff, or snus. The phrase also means any component or accessory used in the consumption of a tobacco product, such as filters, rolling papers, pipes, blunt or hemp wraps, and liquids used in electronic smoking devices, whether or not they contain nicotine. The phrase does not include any product that is a drug, device, or combination product, as those terms are defined or described in 21 U.S.C. 321 and 353(g). H. “Vapor product.” Means a product, other than a cigarette or other tobacco product as defined in Ohio R.C. Chapter 5743, that contains or is made or derived from nicotine and that is intended and marketed for human consumption, including by smoking, inhaling, snorting, or sniffing. The phrase includes any component, part, or additive that is intended for use in an electronic smoking device, a mechanical heating element, battery, or electronic circuit and is used to deliver the product. The phrase does not include any product that is a drug, device, or combination product, as those terms are defined or described in 21 U.S.C. 321 and 353(g). The phrase includes any product containing nicotine, regardless of concentration. I. “Vending machine.” Has the same meaning as “coin machine” in Ohio R.C. 2913.01. (2) No manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes, no agent, employee, or representative of a manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes, and no other person shall do any of the following: A. Give, sell, or otherwise distribute cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes: 1. To any person under twenty-one years of age; or 2. Without first verifying proof of age. B. Give away, sell, or distribute cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes in any place that does not have posted in a conspicuous place a legibly printed sign in letters at least one-half inch high stating that giving, selling, or otherwise distributing cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to a person under twenty-one years of age is prohibited by law; C. Knowingly furnish any false information regarding the name, age, or other identification of any person under twenty-one years of age with purpose to obtain cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes for that person; D. Manufacture, sell, or distribute in this state any pack or other container of cigarettes containing fewer than twenty cigarettes or any package of roll-your-own tobacco containing less than six-tenths of one ounce of tobacco; E. Sell cigarettes or alternative nicotine products in a smaller quantity than that placed in the pack or other container by the manufacturer; F. Give, sell, or otherwise distribute alternative nicotine products, papers used to roll cigarettes, or tobacco products other than cigarettes over the internet or through another remote method without age verification. G. Allow an employee under eighteen years of age to sell any tobacco product; H. Give away or otherwise distribute free samples of cigarettes, other tobacco products, alternative nicotine products, or coupons redeemable for cigarettes, other tobacco products or alternative tobacco products. (3) No person shall sell or offer to sell cigarettes, other tobacco products, or alternative nicotine products by or from a vending machine, except in the following locations: A. An area within a factory, business, office, or other place not open to the general public; B. An area to which persons under twenty-one years of age are not generally permitted access; C. Any other place not identified in subsection (a)(3)A. or B. of this section, upon all of the following conditions: 1. The vending machine is located within the immediate vicinity, plain view, and control of the person who owns or operates the place, or an employee of that person, so that all cigarettes, other tobacco product, and alternative nicotine product purchases from the vending machine will be readily observed by the person who owns or operates the place or an employee of that person. For the purpose of this section, a vending machine located in any unmonitored area, including an unmonitored coatroom, restroom, hallway, or outer waiting area, shall not be considered located within the immediate vicinity, plain view, and control of the person who owns or operates the place, or an employee of that person. 2. The vending machine is inaccessible to the public when the place is closed. 3\. A clearly visible notice is posted in the area where the vending machine is located that states the following in letters that are legibly printed and at least one-half inch high: “It is illegal for any person under the age of twenty-one to purchase tobacco or alternative nicotine products.” (4) The following are affirmative defenses to a charge under subsection (a)(2)A. of this section: A. The person under twenty-one years of age was accompanied by a parent, spouse who is twenty-one years of age or older, or legal guardian of the person under twenty-one years of age. B. The person who gave, sold, or distributed cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to a person under twenty-one years of age under subsection (a)(2)A. of this section is a parent, spouse who is twenty-one years of age or older, or legal guardian of the person under twenty-one years of age. (5) A. It is not a violation of subsection (a)(2)A. or B. of this section for a person to give or otherwise distribute to a person under twenty-one years of age cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes while the person under twenty-one years of age is participating in a research protocol if all of the following apply: 1. The parent, guardian, or legal custodian of the person under twenty-one years of age has consented in writing to the person under twenty-one years of age participating in the research protocol. 2. An institutional human subjects protection review board, or an equivalent entity, has approved the research protocol. 3. The person under twenty-one years of age is participating in the research protocol at the facility or location specified in the research protocol. B. It is not a violation of subsection (a)(2)A. or B. of this section for an employer to permit an employee eighteen, nineteen or twenty years of age to sell a tobacco product. (6) A. No delivery service shall accept from, transport or deliver to, or allow pick-up by, a person under twenty-one years of age with respect to any of the following: 1. Alternative nicotine products; 2. Papers used to roll cigarettes; 3. Tobacco products other than cigarettes. B. A delivery service shall require proof of age as a condition of accepting, transporting, delivering, or allowing pickup of the items described in subsections (a)(6)A1. to 3. of this section. (7) Whoever violates subsections (a)(2)A., B., D., E., F., G., H., (3) or (6) of this section is guilty of illegal distribution of cigarettes, other tobacco products, or alternative nicotine products. Except as otherwise provided in this division, illegal distribution of cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the fourth degree. If the offender previously has been convicted of or pleaded guilty to illegal distribution of cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the third degree. (8) A. Notwithstanding Ohio R.C. 2929.28(A)(2), if an offender is convicted of or pleads guilty to a violation of subsection (a)(2)A. of this section, the court shall impose a fine in the following amount: 1. Except as otherwise provided in subsections (a)(8)A.2., (a)(8)A.3., (a)(8)A.4., and (a)(8)A.5. of this section, not more than two hundred fifty dollars ($250.00); 2. Except as otherwise provided in subsections (a)(8)A.3., (a)(8)A.4., and (a)(8)A.5. of this section, if an offender has previously been convicted of or pleaded guilty to a violation of subsection (a)(2)A. of this section or a substantially equivalent state law or municipal ordinance, not more than five hundred dollars ($500.00); 3. Except as otherwise provided in subsections (a)(8)A.4. and (a)(8)A.5. of this section, if an offender previously has been convicted of or pleaded guilty to two or more violations of subsection (a)(2)A. of this section or a substantially equivalent state law or municipal ordinance, five hundred dollars ($500.00); 4. Except as otherwise provided in subsection (a)(8)A.5. of this section, if an offender previously has been convicted of or pleaded guilty to three or more violations of subsection (a)(2)A. of this section or a substantially equivalent state law or municipal ordinance, one thousand dollars ($1,000.00); 5. If an offender previously has been convicted of or pleaded guilty to four or more violations of subsection (a)(2)A. of this section or a substantially equivalent state law or municipal ordinance, one thousand five hundred dollars ($1,500), B. The financial sanctions required by subsection (a)(8)A. of this section are in lieu of the financial sanctions described in Ohio R.C. 2929.28(A)(2), but are in addition to any other sanctions or penalties that may apply to the offender, including other financial sanctions under that section or a jail term under Ohio R.C. 2929.24. (9) Whoever violates subsection (a)(2)C. of this section is guilty of permitting a person under twenty-one years of age to use cigarettes, other tobacco products, or alternative nicotine products. Except as otherwise provided in this division, permitting a person under twenty-one years of age to use cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the fourth degree. If the offender previously has been convicted of a violation of subsection (a)(2)C. of this section or a substantially equivalent state law or municipal ordinance, permitting a person under twenty-one years of age to use cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the third degree. (10) Any cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes that are given, sold, or otherwise distributed to a person under twenty-one years of age in violation of this section and that are used, possessed, purchased, or received by a person under twenty-one years of age in violation of Ohio R.C. 2151.87 are subject to seizure and forfeiture as contraband under Ohio R.C. Chapter 2981. (ORC 2927.02) (b) Transaction Scan. (1) For the purpose of this subsection (b) and subsection (c) of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. A. “Card holder.” Any person who presents a driver’s or commercial driver’s license or an identification card to a seller, or an agent or employee of a seller, to purchase or receive cigarettes, other tobacco products, or alternative nicotine products from a seller, agent or employee. B. “Identification card.” An identification card issued under Ohio R.C. 4507.50 to 4507.52. C. “Seller.” A seller of cigarettes, other tobacco products, or alternative nicotine products and includes any person whose gift of or other distribution of cigarettes, other tobacco products, or alternative nicotine products is subject to the prohibitions of subsection (a) of this section. D. “Transaction scan.” The process by which a seller or an agent or employee of a seller checks, by means of a transaction scan device, the validity of a driver’s or commercial driver’s license or an identification card that is presented as a condition for purchasing or receiving cigarettes, other tobacco products, or alternative nicotine products. E. “Transaction scan device.” Any commercial device or combination of devices used at a point of sale that is capable of deciphering in an electronically readable format the information encoded on the magnetic strip or bar code of a driver’s or commercial driver’s license or an identification card. (2) A. A seller or an agent or employee of a seller may perform a transaction scan by means of a transaction scan device to check the validity of a driver’s or commercial driver’s license or identification card presented by a card holder as a condition for selling, giving away or otherwise distributing to the card holder cigarettes, other tobacco products, or alternative nicotine products. B. If the information deciphered by the transaction scan performed under subsection (b)(2)A. of this section fails to match the information printed on the driver’s or commercial driver’s license or identification card presented by the card holder, or if the transaction scan indicates that the information so printed is false or fraudulent, neither the seller nor any agent or employee of the seller shall sell, give away or otherwise distribute any cigarettes, other tobacco products, or alternative nicotine products to the card holder. C. Subsection (b)(2)A. of this section does not preclude a seller or an agent or employee of a seller from using a transaction scan device to check the validity of a document other than a driver’s or commercial driver’s license or identification card, if the document includes a bar code or magnetic strip that may be scanned by the device, as a condition for selling, giving away or otherwise distributing cigarettes, other tobacco products, or alternative nicotine products to the person presenting the document. (3) Rules adopted by the Registrar of Motor Vehicles under Ohio R.C. 4301.61(C) apply to the use of transaction scan devices for purposes of this subsection (b) and subsection (c) of this section. (4) A. No seller or agent or employee of a seller shall electronically or mechanically record or maintain any information derived from a transaction scan, except for the following: 1. The name and date of birth of the person listed on the driver’s or commercial driver’s license or identification card presented by the card holder; 2. The expiration date and identification number of the driver’s or commercial driver’s license or identification card presented by the card holder. B. No seller or agent or employee of a seller shall use the information that is derived from a transaction scan or that is permitted to be recorded and maintained under subsection (b)(4)A. of this section, except for purposes of subsection (c) of this section. C. No seller or agent or employee of a seller shall use a transaction scan device for a purpose other than the purpose specified in subsection (c)(2)A. of this section. D. No seller or agent or employee of a seller shall sell or otherwise disseminate the information derived from a transaction scan to any third party, including but not limited to selling or otherwise disseminating that information for any marketing, advertising or promotional activities, but a seller or agent or employee of a seller may release that information pursuant to a court order or as specifically authorized by subsection (c) of this section or another section of these Codified Ordinances or the Ohio Revised Code. (5) Nothing in this subsection (b) or subsection (c) of this section relieves a seller or an agent or employee of a seller of any responsibility to comply with any other applicable local, state or federal laws or rules governing the sale, giving away or other distribution of cigarettes, other tobacco products, or alternative nicotine products. (6) Whoever violates subsection (b)(2)B. or (b)(4) of this section is guilty of engaging in an illegal tobacco product or alternative nicotine product transaction scan, and the court may impose upon the offender a civil penalty of up to one thousand dollars ($1,000) for each violation. The Clerk of the Court shall pay each collected civil penalty to the County Treasurer for deposit into the County Treasury. (ORC 2927.021) (c) Affirmative Defenses. (1) A seller or an agent or employee of a seller may not be found guilty of a charge of a violation of subsection (a) of this section in which the age of the purchaser or other recipient of cigarettes, other tobacco products, or alternative nicotine products is an element of the alleged violation, if the seller, agent or employee raises and proves as an affirmative defense that all of the following occurred: A. A card holder attempting to purchase or receive cigarettes, other tobacco products, or alternative nicotine products presented a driver’s or commercial driver’s license or an identification card. B. A transaction scan of the driver’s or commercial driver’s license or identification card that the card holder presented indicated that the license or card was valid. C. The cigarettes, other tobacco products, or alternative nicotine products were sold, given away or otherwise distributed to the card holder in reasonable reliance upon the identification presented and the completed transaction scan. (2) In determining whether a seller or an agent or employee of a seller has proven the affirmative defense provided by subsection (c)(1) of this section, the trier of fact in the action for the alleged violation of subsection (a) of this section shall consider any written policy that the seller has adopted and implemented and that is intended to prevent violations of subsection (a) of this section. For purposes of subsection (c)(1)C. of this section, the trier of fact shall consider that reasonable reliance upon the identification presented and the completed transaction scan may require a seller or an agent or employee of a seller to exercise reasonable diligence to determine, and that the use of a transaction scan device does not excuse a seller or an agent or employee of a seller from exercising reasonable diligence to determine, the following: A. Whether a person to whom the seller or agent or employee of a seller sells, gives away or otherwise distributes cigarettes, other tobacco products, or alternative nicotine products is twenty-one years of age or older; B. Whether the description and picture appearing on the driver’s or commercial driver’s license or identification card presented by a card holder is that of the card holder. (3) In any criminal action in which the affirmative defense provided by subsection (c)(1) of this section is raised, the Registrar of Motor Vehicles or a Deputy Registrar who issued an identification card under Ohio R.C. 4507.50 to 4507.52 shall be permitted to submit certified copies of the records of that issuance in lieu of the testimony of the personnel of or contractors with the Bureau of Motor Vehicles in the action. (ORC 2927.022) (d) Shipment of Tobacco Products. (1) As used in this subsection (d): A. “Authorized recipient of tobacco products” means: 1. In the case of cigarettes, a person who is: a. Licensed as a cigarette wholesale dealer under Ohio R.C. 5743.15; b. Licensed as a retail dealer as long as the person purchases cigarettes with the appropriate tax stamp affixed; c. An export warehouse proprietor as defined in Internal Revenue Code Section 5702; d. An operator of a customs bonded warehouse under 19 U.S.C. Section 1311 or 19 U.S.C. Section 1555; e. An officer, employee, or agent of the federal government or of this state acting in the person's official capacity; f. A department, agency, instrumentality, or political subdivision of the federal government or of this state; g. A person having a consent for consumer shipment issued by the Ohio Tax Commissioner under Ohio R.C. 5743.71. 2. In the case of electronic smoking devices or vapor products, a person who is: a. Licensed as a distributor of tobacco or vapor products under Ohio R.C. 5743.61; b. A retail dealer of vapor products, as defined in Ohio R.C. 5741.01(C)(3), that is not licensed as a vapor distributor, as long as the tax levied by Ohio R.C. 5743.51, 5743.62, or 5743.63, as applicable, has been paid; c. An operator of a customs bonded warehouse under 19 U.S.C. Section 1311 or 19 U.S.C. Section 1555; d. An officer, employee, or agent of the federal government or of this state acting in the person's official capacity; e. A department, agency, instrumentality, or political subdivision of the federal government or of this state. B. “Motor Carrier,” Has the same meaning as in Ohio R.C. 4923.01. (2) The purpose of this section is to prevent the sale of cigarettes, electronic smoking devices, and vapor products to minors and to ensure compliance with the Master Settlement Agreement, as defined in Ohio R.C. 1346.01. (3) A. No person shall cause to be shipped any cigarettes, electronic smoking devices, and vapor products to any person in this municipality other than an authorized recipient of tobacco products. B. No motor carrier, or other person shall knowingly transport cigarettes, electronic smoking devices, and vapor products to any person in this municipality that the carrier or other person reasonably believes is not an authorized recipient of tobacco products. If cigarettes, electronic smoking devices, and vapor products are transported to a home or residence, it shall be presumed that the motor carrier, or other person knew that the person to whom the cigarettes, electronic smoking devices, and vapor products were delivered was not an authorized recipient of tobacco products. (4) No person engaged in the business of selling cigarettes, electronic smoking devices, and vapor products who ships or causes to be shipped cigarettes, electronic smoking devices, and vapor products to any person in this municipality in any container or wrapping other than the original container or wrapping shall fail to plainly and visibly mark the exterior of the container or wrapping in which the cigarettes, electronic smoking devices, and vapor products are shipped with the words ”cigarettes”, ”electronic smoking devices”, or “vapor products”, as applicable. (5) A court shall impose a fine of up to one thousand dollars ($1,000) for each violation of subsection (d)(3)A., (d)(3)B. or (d)(4) of this section. (ORC 2927.023) (e) Furnishing False Information to Obtain Tobacco Products. (1) No person who is eighteen years of age or older but younger than twenty-one years of age shall knowingly furnish false information concerning that person’s name, age, or other identification for the purpose of obtaining tobacco products. (2) Whoever violates subsection (e)(1) of this section is guilty of furnishing false information to obtain tobacco products. Except as otherwise provided in this division, furnishing false information to obtain tobacco products is a misdemeanor of the fourth degree. If the offender previously has been convicted of or pleaded guilty to a violation of subsection (e)(1) of this section or a substantially equivalent state law or municipal ordinance, furnishing false information to obtain tobacco products is a misdemeanor of the third degree. (ORC 2927.024) 537.19 RESERVED. (Editor’s note: This section was formerly 537.19 Criminal Child Enticement, based on Ohio R.C. 2905.05, Criminal Child Enticement. The Ohio Supreme Court held that Ohio R.C. 2905.05(A) was unconstitutionally overbroad in violation of the First Amendment. See State v. Romage, 138 Ohio St. 3d. 390 (2014).) 537.20 CONTRIBUTING TO UNRULINESS OR DELINQUENCY OF A CHILD. (a) As used in this section: (1) “Delinquent child” has the same meaning as in Ohio R.C. 2152.02. (2) “Unruly child” has the same meaning as in Ohio R.C. 2151.022. (b) No person, including a parent, guardian or other custodian of a child, shall do any of the following: (1) Aid, abet, induce, cause, encourage, or contribute to a child or a ward of the juvenile court becoming an unruly child or a delinquent child; (2) Act in a way tending to cause a child or a ward of the juvenile court to become an unruly child or a delinquent child; (3) Act in a way that contributes to an adjudication of the child as a delinquent child based on the child’s violation of a court order adjudicating the child an unruly child for being an habitual truant; (4) If the person is the parent, guardian, or custodian of a child who has the duties under Ohio R.C. Chapters 2152 and 2950 to register, register a new residence address, and periodically verify a residence address and, if applicable, to send a notice of intent to reside, and if the child is not emancipated, as defined in Ohio R.C. 2919.121, fail to ensure that the child complies with those duties under Ohio R.C. Chapters 2152 and 2950. (c) Whoever violates this section is guilty of contributing to the unruliness or delinquency of a child, a misdemeanor of the first degree. Each day of violation of this section is a separate offense. (ORC 2919.24) 537.21 HAZING PROHIBITED. (a) As used in this section: (1) “Hazing” means doing any act or coercing another, including the victim, to do any act of initiation into any student or other organization or any act to continue or reinstate membership in or affiliation with any student or other organization that causes or creates a substantial risk of causing mental or physical harm to any person, including coercing another to consume alcohol or a drug of abuse, as defined in Ohio R.C. 3719.011. (2) “Organization” includes a national or international organization with which a fraternity or sorority is affiliated. (b) (1) No person shall recklessly participate in the hazing of another. (2) No administrator, employee, faculty member, teacher, consultant, alumnus, or volunteer of any organization, including any primary, secondary, or post-secondary school or any other educational institution, public or private, shall recklessly permit the hazing of any person associated with the organization. (c) (1) No person shall recklessly participate in the hazing of another when the hazing includes coerced consumption of alcohol or drugs of abuse resulting in serious physical harm to the other person. (2) No administrator, employee, faculty member, teacher, consultant, alumnus, or volunteer of any organization, including any primary, secondary, or post-secondary school or other educational institution, public or private, shall recklessly permit the hazing of any person associated with the organization when the hazing includes coerced consumption of alcohol or drugs of abuse resulting in serious physical harm to that person. (d) Whoever violates subsections (b) or (c) of this section is guilty of hazing. A violation of subsections (b)(1) or (b)(2) of this section is a misdemeanor of the second degree. A violation of subsections (c)(1) or (c)(2) of this section is a felony to be prosecuted under appropriate state law. (ORC 2903.31) (e) Reckless failure to immediately report knowledge of hazing. (1) No administrator, employee, faculty member, teacher, consultant, alumnus, or volunteer of any organization, including any primary, secondary, or post-secondary school or any other public or private educational institution, who is acting in an official and professional capacity shall recklessly fail to immediately report the knowledge of hazing to a law enforcement agency in the county in which the victim of hazing resides or in which the hazing is occurring or has occurred. (2) A violation of subsection (e)(1) of this section is a misdemeanor of the fourth degree, except that the violation is a misdemeanor of the first degree if the hazing causes serious physical harm. (ORC 2903.311(B), (C)) 537.22 ILLEGAL USE OF A TRACKING DEVICE OR APPLICATION. (a) As used in this section: (1) “Business entity” means any form of corporation, partnership, association, cooperative, joint venture, business trust, or sole proprietorship that conducts business in this state. (2) “Business of private investigation” has the same meaning as in Ohio R.C. 4749.01. (3) “Disabled adult” has the same meaning as in Ohio R.C. 2913.01. (4) “Elderly person” has the same meaning as in Ohio R.C. 2913.01. (5) “Electronic monitoring” has the same meaning as in Ohio R.C. 2929.01. (6) “Electronic monitoring device” has the same meaning as in Ohio R.C. 2929.01. (7) “Law enforcement agency” means any organization or unit comprised of law enforcement officers, and also includes any federal or military law enforcement agency. (8) “Ohio Protection Order” means a protection order filed or issued or a consent agreement approved pursuant to Ohio R.C. 2919.26 or 3113.31, a protection order filed or issued pursuant to Ohio R.C. 2151.34, 2903.213, or 2903.214, or a no contact order issued as any of the following: A. As part of a person’s sentence under a community control sanction imposed under Ohio R.C. 2929.16, 2929.17, 2929.26, or 2929.27; B. As a term or condition of a person’s release under Ohio R.C. 2929.20; C. As a post-release control sanction imposed as a condition of a person’s post-release control under Ohio R.C. 2967.28; D. As a term of supervision for a person transferred to transitional control under Ohio R.C. 2967.26; E. As a term or condition of the intervention plan of a person granted intervention in lieu of conviction under Ohio R.C. 2951.041. (9) “Person” means an individual, but does not include a business entity. (10) “Private investigator” has the same meaning as in Ohio R.C. 4749.01. (11) “Protection order issued by a court of another state” has the same meaning as in Ohio R.C. 2919.27. (12) “Tracking application” means any software program that permits a person to remotely determine or track the position or movement of another person or another person’s property. (13) “Tracking device” means an electronic or mechanical device that permits a person to remotely determine or track the position or movement of another person or another person’s property, including an electronic monitoring device. (b) Except as otherwise provided in subsection (d) of this section, no person shall knowingly do either of the following: (1) Install a tracking device or tracking application on another person’s property without the other person’s consent or cause a tracking device or tracking application to track the position or movement of another person or another person’s property without the other person’s consent; (2) If the person installed a tracking device or tracking application on another’s property with the other person’s consent and the other person subsequently revokes that consent, fail to remove or ensure the removal of the device or application after the other person revokes the consent. (c) (1) For purposes of this section, if a person has given consent for another to install a tracking device or tracking application on the consenting person’s property, it is presumed that the consenting person has revoked that consent if any of the following applies: A. The consenting person and the person to whom consent was given are lawfully married and one of them files a complaint for divorce or a petition for dissolution of marriage from the other. Not later than seventy-two hours after being served with a complaint for divorce or a petition for dissolution of marriage, the person to whom consent was given shall lawfully uninstall or discontinue use of the tracking device or tracking application. If the person to whom consent was given cannot lawfully uninstall or discontinue use of the tracking device or tracking application, the person to whom consent was given shall notify the court in which the complaint for divorce or the petition for dissolution of marriage was filed in writing. B. The consenting person or the person to whom consent was given files an Ohio protection order against the other person or an Ohio protection order is issued against the other person, and the person to be protected under the order is the consenting person. Not later than seventy-two hours after being served with the Ohio protection order, the person to whom consent was given shall lawfully uninstall or discontinue use of the tracking device or tracking application. If the person to whom consent was given cannot lawfully uninstall or discontinue use of the tracking device or tracking application, the person to whom consent was given shall notify the court that issued the Ohio protection order in writing that the person to whom consent was given has installed or is using a tracking device or tracking application on the previously consenting person’s person or the person’s property and cannot uninstall or discontinue its use without violating the Ohio protection order. (2) Revocation of consent under this subsection is effective upon the service of the petition or motion or an Ohio protection order. (d) This section does not apply to any of the following: (1) A law enforcement officer, or any law enforcement agency, that installs a tracking device or tracking application on another person’s property or causes a tracking device or tracking application to track the position or movement of another person or another person’s property as part of a criminal investigation, or a probation officer, parole officer, or employee of the department of rehabilitation and correction, a halfway house, or a community-based correctional facility when engaged in the lawful performance of the officer’s or employee’s official duties; (2) A parent or legal guardian of a minor child who installs or uses a tracking device or tracking application to track the minor child if any of the following applies: A. The parents or legal guardians of the child are lawfully married to each other and are not separated or otherwise living apart, and either of those parents or legal guardians consents to the installation of the tracking device or tracking application; B. The parent or legal guardian of the child is the sole surviving parent or legal guardian of the child; C. The parent or legal guardian of the child has sole custody of the child; D. The parents or legal guardians of the child are divorced, separated, or otherwise living apart and neither parent has sole custody of the child, and both consent to the installation of the tracking device or tracking application; E. The parents or legal guardians of the child are divorced, separated, or otherwise living apart, neither parent has sole custody of the child, and either only one parent consents to the installation of the tracking device or tracking application or one parent revokes consent, if the consenting parent only uses the tracking device or tracking application during that parent’s parenting or custodial time and disables or removes the tracking device or application during the nonconsenting parent’s parenting or custodial time. (3) A caregiver of an elderly person or disabled adult, if the elderly person’s or disabled adult’s treating physician certifies that the installation of a tracking device or tracking application onto the elderly person’s or disabled adult’s property is necessary to ensure the safety of the elderly person or disabled adult; (4) A person acting in good faith on behalf of a business entity for a legitimate business purpose, provided that this division does not apply to a private investigator engaged in the business of private investigation on behalf of another person; (5) A. A private investigator or other person licensed under Ohio R.C. 4749.03, who is acting in the normal course of the investigator’s business of private investigation on behalf of another person and who has the consent of the owner of the property upon which the tracking device or tracking application is installed, for the purpose of obtaining information with reference to any of the following: 1. Criminal offenses committed, threatened, or suspected against the United States, a territory of the United States, a state, or any person or legal entity; 2. Locating an individual known to be a fugitive from justice; 3. Locating lost or stolen property or other assets that have been awarded by the court; 4. Investigating claims related to workers’ compensation. B. This subsection does not apply if the person on whose behalf the private investigator is working is the subject of an Ohio protection order or a protection order issued by a court of another state or if the private investigator knows or reasonably should know that the person on whose behalf the private investigator is working seeks the investigator’s services to aid in the commission of a crime. (6) An owner or lessee of a motor vehicle who installs, or directs the installation of, a tracking device or tracking application on the vehicle during the period of ownership or lease, if any of the following applies: A. The tracking device or tracking application is removed before the vehicle’s title is transferred or the vehicle’s lease expires; B. The new owner of the vehicle, in the case of a sale, or the lessor of the vehicle, in the case of an expired lease, consents in writing to the non-removal of the tracking device or tracking application; C. The owner of the vehicle at the time of the installation of the tracking device or tracking application was the original manufacturer of the vehicle. (7) A person who installs a tracking device or application on property in which the person has an ownership or contractual interest, unless the person is the subject of a protective order and the property is likely to be used by the person who obtained the protective order; (8) A person or business entity that installs a tracking device or tracking application on any fixed wing aircraft or rotorcraft operated or managed by the person or business entity pursuant to 14 C.F.R. part 91 or part 135 to track the position or movement of the fixed wing aircraft or rotorcraft; (9) A surety bail bond agent, or any employee or contractor of a surety bail bond agent, that installs a tracking device or tracking application on another person’s property or causes a tracking device or tracking application to track the position or movement of another person or another person’s property as part of the surety bail bond agent’s, employee’s, or contractor’s official responsibilities or duties. (e) For purposes of subsection (d)(1) of this section, a probation officer, parole officer, or employee of the department of rehabilitation and correction, a halfway house, or a community-based correctional facility is engaged in the lawful performance of the officer’s or employee’s duties if both of the following apply: (1) The court or the Department of Rehabilitation and Correction imposes electronic monitoring on a person. (2) The officer or employee installs or uses an electronic monitoring device on that person in accordance with the court’s or department’s imposition of electronic monitoring of that person. (f) Whoever violates this section is guilty of illegal use of a tracking device or application. (1) Except as otherwise provided in subsection (f)(2) of this section, illegal use of a tracking device or application is a misdemeanor of the first degree. (2) Illegal use of a tracking device or application is a felony to be prosecuted under state law if any of the following applies: A. The offender previously has been convicted of or pleaded guilty to a violation of this section, Ohio R.C. 2903.216, or Ohio R.C. 2903.211 or any substantially equivalent municipal ordinance. B. At the time of the commission of the offense, the offender was the subject of a protection order issued under Ohio R.C. 2903.213 or 2903.214, regardless of whether the person to be protected under the order is the victim of the offense or another person. C. Prior to committing the offense, the offender had been determined to represent a substantial risk of physical harm to others as manifested by evidence of then-recent homicidal or other violent behavior, evidence of then-recent threats that placed another in reasonable fear of violent behavior and serious physical harm, or other evidence of then-present dangerousness. D. The offender has a history of violence toward the victim or a history of other violent acts towards the victim. (ORC 2903.216) 537.99 PENALTY. (EDITOR'S NOTE: See Section 501.99 for penalties applicable to any misdemeanor classification.) Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588. Hosted by: American Legal Publishing Back to Code Library Previous Doc Next Doc 0 items available --- ## Detected legislative history - Ordinances of Sheffield Lake, OH - ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO - ORDINANCE NO. 116-84 - ORDINANCES OF SHEFFIELD LAKE - orderly Conduct and Peace Disturbance - ORDER - ordinance, not more than five hundred dollars ($500 - ordinance, five hundred dollars ($500 - ordinance, one thousand dollars ($1,000 - ordinance, one thousand five hundred dollars ($1,500), - ordinance, permitting a person under twenty-one years of age to use cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the third degree - adopted by the Registrar of Motor Vehicles under Ohio R - ord or maintain any information derived from a transaction scan, except for the following: - orded and maintained under subsection (b)(4)A - order or as specifically authorized by subsection (c) of this section or another section of these Codified Ordinances or the Ohio Revised Code - adopted and implemented and that is intended to prevent violations of subsection (a) of this section - ords of that issuance in lieu of the testimony of the personnel of or contractors with the Bureau of Motor Vehicles in the action - ords ”cigarettes”, ”electronic smoking devices”, or “vapor products”, as applicable - ordinance, furnishing false information to obtain tobacco products is a misdemeanor of the third degree - order adjudicating the child an unruly child for being an habitual truant; - Order” means a protection order filed or issued or a consent agreement approved pursuant to Ohio R - order filed or issued pursuant to Ohio R - order issued as any of the following: - order issued by a court of another state” has the same meaning as in Ohio R - order against the other person or an Ohio protection order is issued against the other person, and the person to be protected under the order is the consenting person - order, the person to whom consent was given shall lawfully uninstall or discontinue use of the tracking device or tracking application - order in writing that the person to whom consent was given has installed or is using a tracking device or tracking application on the previously consenting person’s person or the pers - order - effective upon the service of the petition or motion or an Ohio protection order - order or a protection order issued by a court of another state or if the private investigator knows or reasonably should know that the person on whose behalf the private investigator - order and the property is likely to be used by the person who obtained the protective order; - ordance with the court’s or department’s imposition of electronic monitoring of that person - ordinance. B - order issued under Ohio R - order is the victim of the offense or another person - Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality - Ordinances should be consulted prior to any action being taken - Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588 --- *Imported automatically by MunicipalWiki. The original publisher remains the authoritative source pending legal normalization and verification.* # 537.22 ILLEGAL USE OF A TRACKING DEVICE OR APPLICATION. # 537.22 ILLEGAL USE OF A TRACKING DEVICE OR APPLICATION.
Document typesection
Identifier537.22
Citation§ 537.22
Ordinances detectedS, 116-84, ER, INANCE
Original source[American Legal Publishing](https://codelibrary.amlegal.com/codes/sheffieldlake/latest/sheffieldlake_oh/0-0-0-34957)
Content hash`d42c3dd2086d1cba427e4b91107ed7e37aff1da47222e2ad3ffb31feb9365a62`
--- Skip to main content Search Sitemap Login Select Language Resources Skip to code content (skip section selection) 2025-04 (current) Sheffield Lake Overview Codified Ordinances of Sheffield Lake, OH CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO CERTIFICATION ROSTER OF OFFICIALS ADOPTING ORDINANCE NO. 116-84 COMPARATIVE SECTION TABLE TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE CHARTER PART ONE - ADMINISTRATIVE CODE PART THREE - TRAFFIC CODE PART FIVE - GENERAL OFFENSES CODE CHAPTER 501 General Provisions and Penalty CHAPTER 505 Animals and Fowl CHAPTER 509 Disorderly Conduct and Peace Disturbance CHAPTER 513 Drug Abuse Control CHAPTER 517 Gambling CHAPTER 521 Health, Safety and Sanitation CHAPTER 525 Law Enforcement and Public Office CHAPTER 529 Liquor Control CHAPTER 531 Noise Control CHAPTER 533 Obscenity and Sex Offenses CHAPTER 537 Offenses Against Persons 537.01 NEGLIGENT HOMICIDE. 537.02 VEHICULAR HOMICIDE AND MANSLAUGHTER. 537.021 VEHICULAR ASSAULT IN A CONSTRUCTION ZONE. 537.03 ASSAULT. 537.04 NEGLIGENT ASSAULT. 537.05 AGGRAVATED MENACING. 537.051 MENACING BY STALKING. 537.06 MENACING. 537.07 ENDANGERING CHILDREN. 537.08 UNLAWFUL RESTRAINT. 537.09 COERCION. 537.10 TELECOMMUNICATION HARASSMENT. 537.11 THREATENING OR HARASSING TELEPHONE CALLS. 537.12 MISUSE OF 9-1-1 SYSTEM. 537.13 ADULTERATING OF OR FURNISHING ADULTERATED FOOD OR CONFECTION. 537.14 DOMESTIC VIOLENCE. 537.15 ANNOYING BUILDING OCCUPANTS. 537.16 MOLESTING OR INSULTING PERSONS. 537.17 TEMPORARY PROTECTION ORDER. 537.18 ILLEGAL DISTRIBUTION OF CIGARETTES, OTHER TOBACCO PRODUCTS, OR ALTERNATE NICOTINE PRODUCTS; TRANSACTION SCANS. 537.19 RESERVED. 537.20 CONTRIBUTING TO UNRULINESS OR DELINQUENCY OF A CHILD. 537.21 HAZING PROHIBITED. 537.22 ILLEGAL USE OF A TRACKING DEVICE OR APPLICATION. 537.99 PENALTY. CHAPTER 541 Property Offenses CHAPTER 545 Theft and Fraud CHAPTER 549 Weapons and Explosives CHAPTER 553 Railroads CHAPTER 557 Watercraft CHAPTER 561 Weeds and Grass PART SEVEN - BUSINESS REGULATION CODE PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE PART ELEVEN - PLANNING AND ZONING CODE PART THIRTEEN - BUILDING CODE PART FIFTEEN - FIRE PREVENTION CODE OH Sheffield Lake Codified Ordinances of Sheffield Lake, OH 537.22 ILLEGAL USE OF A TRACKING DEVICE OR APPLICATION. CHAPTER 537 Offenses Against Persons 537.19 RESERVED. (Editor’s note: This section was formerly 537.19 Criminal Child Enticement, based on Ohio R.C. 2905.05, Criminal Child Enticement. The Ohio Supreme Court held that Ohio R.C. 2905.05(A) was unconstitutionally overbroad in violation of the First Amendment. See State v. Romage, 138 Ohio St. 3d. 390 (2014).) 537.20 CONTRIBUTING TO UNRULINESS OR DELINQUENCY OF A CHILD. (a) As used in this section: (1) “Delinquent child” has the same meaning as in Ohio R.C. 2152.02. (2) “Unruly child” has the same meaning as in Ohio R.C. 2151.022. (b) No person, including a parent, guardian or other custodian of a child, shall do any of the following: (1) Aid, abet, induce, cause, encourage, or contribute to a child or a ward of the juvenile court becoming an unruly child or a delinquent child; (2) Act in a way tending to cause a child or a ward of the juvenile court to become an unruly child or a delinquent child; (3) Act in a way that contributes to an adjudication of the child as a delinquent child based on the child’s violation of a court order adjudicating the child an unruly child for being an habitual truant; (4) If the person is the parent, guardian, or custodian of a child who has the duties under Ohio R.C. Chapters 2152 and 2950 to register, register a new residence address, and periodically verify a residence address and, if applicable, to send a notice of intent to reside, and if the child is not emancipated, as defined in Ohio R.C. 2919.121, fail to ensure that the child complies with those duties under Ohio R.C. Chapters 2152 and 2950. (c) Whoever violates this section is guilty of contributing to the unruliness or delinquency of a child, a misdemeanor of the first degree. Each day of violation of this section is a separate offense. (ORC 2919.24) 537.21 HAZING PROHIBITED. (a) As used in this section: (1) “Hazing” means doing any act or coercing another, including the victim, to do any act of initiation into any student or other organization or any act to continue or reinstate membership in or affiliation with any student or other organization that causes or creates a substantial risk of causing mental or physical harm to any person, including coercing another to consume alcohol or a drug of abuse, as defined in Ohio R.C. 3719.011. (2) “Organization” includes a national or international organization with which a fraternity or sorority is affiliated. (b) (1) No person shall recklessly participate in the hazing of another. (2) No administrator, employee, faculty member, teacher, consultant, alumnus, or volunteer of any organization, including any primary, secondary, or post-secondary school or any other educational institution, public or private, shall recklessly permit the hazing of any person associated with the organization. (c) (1) No person shall recklessly participate in the hazing of another when the hazing includes coerced consumption of alcohol or drugs of abuse resulting in serious physical harm to the other person. (2) No administrator, employee, faculty member, teacher, consultant, alumnus, or volunteer of any organization, including any primary, secondary, or post-secondary school or other educational institution, public or private, shall recklessly permit the hazing of any person associated with the organization when the hazing includes coerced consumption of alcohol or drugs of abuse resulting in serious physical harm to that person. (d) Whoever violates subsections (b) or (c) of this section is guilty of hazing. A violation of subsections (b)(1) or (b)(2) of this section is a misdemeanor of the second degree. A violation of subsections (c)(1) or (c)(2) of this section is a felony to be prosecuted under appropriate state law. (ORC 2903.31) (e) Reckless failure to immediately report knowledge of hazing. (1) No administrator, employee, faculty member, teacher, consultant, alumnus, or volunteer of any organization, including any primary, secondary, or post-secondary school or any other public or private educational institution, who is acting in an official and professional capacity shall recklessly fail to immediately report the knowledge of hazing to a law enforcement agency in the county in which the victim of hazing resides or in which the hazing is occurring or has occurred. (2) A violation of subsection (e)(1) of this section is a misdemeanor of the fourth degree, except that the violation is a misdemeanor of the first degree if the hazing causes serious physical harm. (ORC 2903.311(B), (C)) 537.22 ILLEGAL USE OF A TRACKING DEVICE OR APPLICATION. (a) As used in this section: (1) “Business entity” means any form of corporation, partnership, association, cooperative, joint venture, business trust, or sole proprietorship that conducts business in this state. (2) “Business of private investigation” has the same meaning as in Ohio R.C. 4749.01. (3) “Disabled adult” has the same meaning as in Ohio R.C. 2913.01. (4) “Elderly person” has the same meaning as in Ohio R.C. 2913.01. (5) “Electronic monitoring” has the same meaning as in Ohio R.C. 2929.01. (6) “Electronic monitoring device” has the same meaning as in Ohio R.C. 2929.01. (7) “Law enforcement agency” means any organization or unit comprised of law enforcement officers, and also includes any federal or military law enforcement agency. (8) “Ohio Protection Order” means a protection order filed or issued or a consent agreement approved pursuant to Ohio R.C. 2919.26 or 3113.31, a protection order filed or issued pursuant to Ohio R.C. 2151.34, 2903.213, or 2903.214, or a no contact order issued as any of the following: A. As part of a person’s sentence under a community control sanction imposed under Ohio R.C. 2929.16, 2929.17, 2929.26, or 2929.27; B. As a term or condition of a person’s release under Ohio R.C. 2929.20; C. As a post-release control sanction imposed as a condition of a person’s post-release control under Ohio R.C. 2967.28; D. As a term of supervision for a person transferred to transitional control under Ohio R.C. 2967.26; E. As a term or condition of the intervention plan of a person granted intervention in lieu of conviction under Ohio R.C. 2951.041. (9) “Person” means an individual, but does not include a business entity. (10) “Private investigator” has the same meaning as in Ohio R.C. 4749.01. (11) “Protection order issued by a court of another state” has the same meaning as in Ohio R.C. 2919.27. (12) “Tracking application” means any software program that permits a person to remotely determine or track the position or movement of another person or another person’s property. (13) “Tracking device” means an electronic or mechanical device that permits a person to remotely determine or track the position or movement of another person or another person’s property, including an electronic monitoring device. (b) Except as otherwise provided in subsection (d) of this section, no person shall knowingly do either of the following: (1) Install a tracking device or tracking application on another person’s property without the other person’s consent or cause a tracking device or tracking application to track the position or movement of another person or another person’s property without the other person’s consent; (2) If the person installed a tracking device or tracking application on another’s property with the other person’s consent and the other person subsequently revokes that consent, fail to remove or ensure the removal of the device or application after the other person revokes the consent. (c) (1) For purposes of this section, if a person has given consent for another to install a tracking device or tracking application on the consenting person’s property, it is presumed that the consenting person has revoked that consent if any of the following applies: A. The consenting person and the person to whom consent was given are lawfully married and one of them files a complaint for divorce or a petition for dissolution of marriage from the other. Not later than seventy-two hours after being served with a complaint for divorce or a petition for dissolution of marriage, the person to whom consent was given shall lawfully uninstall or discontinue use of the tracking device or tracking application. If the person to whom consent was given cannot lawfully uninstall or discontinue use of the tracking device or tracking application, the person to whom consent was given shall notify the court in which the complaint for divorce or the petition for dissolution of marriage was filed in writing. B. The consenting person or the person to whom consent was given files an Ohio protection order against the other person or an Ohio protection order is issued against the other person, and the person to be protected under the order is the consenting person. Not later than seventy-two hours after being served with the Ohio protection order, the person to whom consent was given shall lawfully uninstall or discontinue use of the tracking device or tracking application. If the person to whom consent was given cannot lawfully uninstall or discontinue use of the tracking device or tracking application, the person to whom consent was given shall notify the court that issued the Ohio protection order in writing that the person to whom consent was given has installed or is using a tracking device or tracking application on the previously consenting person’s person or the person’s property and cannot uninstall or discontinue its use without violating the Ohio protection order. (2) Revocation of consent under this subsection is effective upon the service of the petition or motion or an Ohio protection order. (d) This section does not apply to any of the following: (1) A law enforcement officer, or any law enforcement agency, that installs a tracking device or tracking application on another person’s property or causes a tracking device or tracking application to track the position or movement of another person or another person’s property as part of a criminal investigation, or a probation officer, parole officer, or employee of the department of rehabilitation and correction, a halfway house, or a community-based correctional facility when engaged in the lawful performance of the officer’s or employee’s official duties; (2) A parent or legal guardian of a minor child who installs or uses a tracking device or tracking application to track the minor child if any of the following applies: A. The parents or legal guardians of the child are lawfully married to each other and are not separated or otherwise living apart, and either of those parents or legal guardians consents to the installation of the tracking device or tracking application; B. The parent or legal guardian of the child is the sole surviving parent or legal guardian of the child; C. The parent or legal guardian of the child has sole custody of the child; D. The parents or legal guardians of the child are divorced, separated, or otherwise living apart and neither parent has sole custody of the child, and both consent to the installation of the tracking device or tracking application; E. The parents or legal guardians of the child are divorced, separated, or otherwise living apart, neither parent has sole custody of the child, and either only one parent consents to the installation of the tracking device or tracking application or one parent revokes consent, if the consenting parent only uses the tracking device or tracking application during that parent’s parenting or custodial time and disables or removes the tracking device or application during the nonconsenting parent’s parenting or custodial time. (3) A caregiver of an elderly person or disabled adult, if the elderly person’s or disabled adult’s treating physician certifies that the installation of a tracking device or tracking application onto the elderly person’s or disabled adult’s property is necessary to ensure the safety of the elderly person or disabled adult; (4) A person acting in good faith on behalf of a business entity for a legitimate business purpose, provided that this division does not apply to a private investigator engaged in the business of private investigation on behalf of another person; (5) A. A private investigator or other person licensed under Ohio R.C. 4749.03, who is acting in the normal course of the investigator’s business of private investigation on behalf of another person and who has the consent of the owner of the property upon which the tracking device or tracking application is installed, for the purpose of obtaining information with reference to any of the following: 1. Criminal offenses committed, threatened, or suspected against the United States, a territory of the United States, a state, or any person or legal entity; 2. Locating an individual known to be a fugitive from justice; 3. Locating lost or stolen property or other assets that have been awarded by the court; 4. Investigating claims related to workers’ compensation. B. This subsection does not apply if the person on whose behalf the private investigator is working is the subject of an Ohio protection order or a protection order issued by a court of another state or if the private investigator knows or reasonably should know that the person on whose behalf the private investigator is working seeks the investigator’s services to aid in the commission of a crime. (6) An owner or lessee of a motor vehicle who installs, or directs the installation of, a tracking device or tracking application on the vehicle during the period of ownership or lease, if any of the following applies: A. The tracking device or tracking application is removed before the vehicle’s title is transferred or the vehicle’s lease expires; B. The new owner of the vehicle, in the case of a sale, or the lessor of the vehicle, in the case of an expired lease, consents in writing to the non-removal of the tracking device or tracking application; C. The owner of the vehicle at the time of the installation of the tracking device or tracking application was the original manufacturer of the vehicle. (7) A person who installs a tracking device or application on property in which the person has an ownership or contractual interest, unless the person is the subject of a protective order and the property is likely to be used by the person who obtained the protective order; (8) A person or business entity that installs a tracking device or tracking application on any fixed wing aircraft or rotorcraft operated or managed by the person or business entity pursuant to 14 C.F.R. part 91 or part 135 to track the position or movement of the fixed wing aircraft or rotorcraft; (9) A surety bail bond agent, or any employee or contractor of a surety bail bond agent, that installs a tracking device or tracking application on another person’s property or causes a tracking device or tracking application to track the position or movement of another person or another person’s property as part of the surety bail bond agent’s, employee’s, or contractor’s official responsibilities or duties. (e) For purposes of subsection (d)(1) of this section, a probation officer, parole officer, or employee of the department of rehabilitation and correction, a halfway house, or a community-based correctional facility is engaged in the lawful performance of the officer’s or employee’s duties if both of the following apply: (1) The court or the Department of Rehabilitation and Correction imposes electronic monitoring on a person. (2) The officer or employee installs or uses an electronic monitoring device on that person in accordance with the court’s or department’s imposition of electronic monitoring of that person. (f) Whoever violates this section is guilty of illegal use of a tracking device or application. (1) Except as otherwise provided in subsection (f)(2) of this section, illegal use of a tracking device or application is a misdemeanor of the first degree. (2) Illegal use of a tracking device or application is a felony to be prosecuted under state law if any of the following applies: A. The offender previously has been convicted of or pleaded guilty to a violation of this section, Ohio R.C. 2903.216, or Ohio R.C. 2903.211 or any substantially equivalent municipal ordinance. B. At the time of the commission of the offense, the offender was the subject of a protection order issued under Ohio R.C. 2903.213 or 2903.214, regardless of whether the person to be protected under the order is the victim of the offense or another person. C. Prior to committing the offense, the offender had been determined to represent a substantial risk of physical harm to others as manifested by evidence of then-recent homicidal or other violent behavior, evidence of then-recent threats that placed another in reasonable fear of violent behavior and serious physical harm, or other evidence of then-present dangerousness. D. The offender has a history of violence toward the victim or a history of other violent acts towards the victim. (ORC 2903.216) 537.99 PENALTY. (EDITOR'S NOTE: See Section 501.99 for penalties applicable to any misdemeanor classification.) Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588. Hosted by: American Legal Publishing Back to Code Library Previous Doc Next Doc 0 items available --- ## Detected legislative history - Ordinances of Sheffield Lake, OH - ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO - ORDINANCE NO. 116-84 - ORDINANCES OF SHEFFIELD LAKE - orderly Conduct and Peace Disturbance - ORDER - order adjudicating the child an unruly child for being an habitual truant; - Order” means a protection order filed or issued or a consent agreement approved pursuant to Ohio R - order filed or issued pursuant to Ohio R - order issued as any of the following: - order issued by a court of another state” has the same meaning as in Ohio R - order against the other person or an Ohio protection order is issued against the other person, and the person to be protected under the order is the consenting person - order, the person to whom consent was given shall lawfully uninstall or discontinue use of the tracking device or tracking application - order in writing that the person to whom consent was given has installed or is using a tracking device or tracking application on the previously consenting person’s person or the pers - order - effective upon the service of the petition or motion or an Ohio protection order - order or a protection order issued by a court of another state or if the private investigator knows or reasonably should know that the person on whose behalf the private investigator - order and the property is likely to be used by the person who obtained the protective order; - ordance with the court’s or department’s imposition of electronic monitoring of that person - ordinance. B - order issued under Ohio R - order is the victim of the offense or another person - Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality - Ordinances should be consulted prior to any action being taken - Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588 --- *Imported automatically by MunicipalWiki. The original publisher remains the authoritative source pending legal normalization and verification.*