CROSS REFERENCES
See sectional histories for similar State law.
Use of force to suppress riot, RC 2917.05
Cordoning off riot areas, prohibiting sales of firearms and explosives, RC 3761.16
Emergency suspension of permits and sales by Director of Liquor Control, RC 4301.251
Noise from ice cream peddlers, CO 245.17
Muffler noise, CO 437.20
Loitering near taxicabs, CO 443.30
Regulations for behavior at markets, CO 553.08
Disorderly behavior prohibited in parks, CO 559.45
Disorderly conduct at airports, CO 571.18
Criminal trespass, CO 623.04
Unfair labor practice defined, CO 661.01
Pictures inciting race violence, CO 667.02
Amusement park noise, CO 687.05
Disorderly conduct in dance halls, CO 690.09
Public dances causing excessive noise, CO 690.12
(a) No person shall participate with four or more others in a course of disorderly conduct in violation of Section 605.03:
(1) With purpose to commit or facilitate the commission of a misdemeanor, other than disorderly conduct;
(2) With purpose to intimidate a public official or employee into taking or refraining from official action, or with purpose to hinder, impede or obstruct a function of government;
(3) With purpose to hinder, impede or obstruct the orderly process of administration or instruction at an educational institution, or to interfere with or disrupt lawful activities carried on at such institution.
(b) No person shall participate with four or more others with purpose to do an act with unlawful force or violence, even though such act might otherwise be lawful.
(c) Whoever violates this section is guilty of riot, a misdemeanor of the first degree.
(RC 2917.03; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
(a) Where five or more persons are participating in a course of disorderly conduct in violation of Section 605.03, and there are other persons in the vicinity whose presence creates the likelihood of physical harm to persons or property or of serious public inconvenience, annoyance or alarm, a law enforcement officer or other public official may order the participants and such other persons to disperse. No person shall knowingly fail to obey such order.
(b) Nothing in this section requires persons to disperse who are peaceably assembled for a lawful purpose.
(c) Whoever violates this section is guilty of failure to disperse, a misdemeanor of the first degree. (RC Section 2917.04)
(Ord. No. 1631-05. Passed 3-20-06, eff. 3-24-06)
(a) No person shall recklessly cause inconvenience, annoyance or alarm to another, by doing any of the following:
(1) Engaging in fighting, in threatening harm to persons or property, or in violent or turbulent behavior;
(2) Making unreasonable noise or offensively coarse utterance, gesture or display, or communicating unwarranted and grossly abusive language to any person, which by its very utterance or usage inflicts injury or tends to incite an immediate breach of the peace;
(3) Insulting, taunting, or challenging another under circumstances in which such conduct is likely to provoke a violent response;
(4) Hindering or preventing the movement of persons on a public street, road, highway or right of way, or to, from, within or upon public or private property, so as to interfere with the rights of others, and by any act which serves no lawful and reasonable purpose of the offender;
(5) Creating a condition which is physically offensive to persons or which presents a risk of physical harm to persons or property, by any act which serves no lawful and reasonable purpose of the offender.
(b) No person, while voluntarily intoxicated shall do either of the following:
(1) In a public place or in the presence of two or more persons, engage in conduct likely to be offensive or to cause inconvenience, annoyance or alarm to persons of ordinary sensibilities, which conduct the offender, if he were not intoxicated, should know is likely to have such effect on others;
(2) Engage in conduct or create a condition which presents a risk of physical harm to himself or another, or to the property of another.
(c) Violation of any statute or ordinance of which an element is operating a motor vehicle, locomotive, watercraft, aircraft, or other vehicle while under the influence of alcohol or any drug of abuse, is not a violation of division (b) hereof.
(d) When to an ordinary observer a person appears to be intoxicated, it is probable cause to believe such person is voluntarily intoxicated for purposes of division (b) of this section.
(e) Whoever violates this section is guilty of disorderly conduct, a minor misdemeanor. If the offender persists in disorderly conduct after reasonable warning or request to desist, disorderly conduct is a misdemeanor of the first degree. (RC Section 2917.11)
(Ord. No. 1631-05. Passed 3-20-06, eff. 3-24-06)
(a) For purpose of this section:
(1) “Aggressive manner” means as follows:
A. Approaching, seeking, or following a person before, during, or after solicitation if that conduct is intended, or likely to cause, a reasonable person to (i) fear bodily harm to oneself or another, (ii) fear damage to or loss of property, or (iii) be intimidated;
B. Intentionally or recklessly touching or causing physical contact with another person without that person's consent in the course of soliciting if the touching or physical conduct is likely to cause a reasonable person to feel restrained or intimidated;
C. Continuing to solicit from a person after the person has given a negative response;
D. Intentionally or recklessly blocking the safe or free passage of a person or vehicle by any means, including unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid physical contact. Acts authorized by a lawfully issued permit shall not constitute obstruction of pedestrian traffic for purposes of this section; or
E. Intentionally or recklessly using obscene, abusive, or threatening language, or gestures, toward a person being solicited.
(2) “Automated-teller machine” means a device, linked to a financial institution's account records, that is able to carry out transactions, including, but not limited to account transfers, deposits, cash withdrawals, balance inquiries, and mortgage and loan payments.
(3) “Automated-teller machine facility” means the area comprised of one or more automated-teller machines, and any adjacent space that is made available to banking customers.
(4) “Public property” means all property owned, operated or controlled by any governmental agency, including but not limited to streets, public sidewalks, tree lawns, parks, playgrounds, publicly-owned parking lots, schools, libraries, post offices, municipal transit facilities and other public lands and buildings.
(5) “Solicit” or “soliciting” means to request an immediate donation of money or other thing of value from another person, regardless of the solicitor's purpose or intended use of the money or other thing of value. The solicitation may be, without limitation, by the spoken, written, or printed word, by gesture or by other means of communication.
(b) No person shall solicit:
(1) In an aggressive manner;
(2) Within twenty feet of any automated-teller machine without the consent of the owner or other person legally in possession of the machine, provided, however, that when an automated-teller machine is located within an automated-teller machine facility, the distance shall be measured from the entrance or exit of the automated-teller machine facility;
(3) Within twenty feet of a bus stop, rapid-transit shelter, or bus shelter;
(4) Within twenty feet of a line of pedestrians waiting to obtain access to a building or event;
(5) Within twenty feet of the area of the sidewalk used by an outdoor restaurant under a temporary public right-of-way occupancy permit issued under Chapter 513 of the Codified Ordinances or by a vendor under a permit issued under Chapter 508, Section 675.06, or Section 675.07 of the Codified Ordinances;
(6) Within twenty feet of a valet zone established under Section 451.33 of the Codified Ordinances;
(7) Within fifteen feet of any pay telephone, provided, however, that when a pay telephone is located within a telephone booth or other facility, the distance shall be measured from the entrance or exit of the telephone booth or facility;
(8) Within fifteen feet of the entrance or exit of any public toilet facility;
(9) On public property within ten feet of an entrance to a building;
(10) On public property within ten feet of an entrance to a parking lot;
(11) On a public street, by intentionally or recklessly blocking the safe or free passage of a person or vehicle.
(c) Whoever violates division (b)(1) of this section shall be guilty of a misdemeanor of the fourth degree for a first offense, a misdemeanor of the third degree for a second offense, and a misdemeanor of the first degree for a third and subsequent offense. Whoever violates any provision in division (b)(2) through (b)(10) of this section shall be guilty of a minor misdemeanor for a first offense, and a misdemeanor of the fourth degree for a second and subsequent offense. A separate offense shall be deemed committed each day during or on which an offense occurs or continues.
(d) The Director of Public Safety shall report to this Council by December 31 of each year on the enforcement activity under this section that occurred in the twelve-month period prior to the report, or such longer period as may be necessary to cover all enforcement activity since the last report. The first report shall be made in 2007. Each report shall include, without limitation, the hours of time expended by the Division of Police in enforcement, the total number of cases, and the gender, race and age of each offender.
(Ord. No. 880-06. Passed 11-27-06, eff. 12-1-06)
Note: Former section 605.031 was repealed by Ord. No. 834-03, passed 6-10-03, eff. 6-12-03.
(a) No person, with purpose to prevent or disrupt a lawful meeting, procession or gathering, shall do either of the following:
(1) Do any act which obstructs or interferes with the due conduct of such meeting, procession or gathering;
(2) Make any utterance, gesture or display which outrages the sensibilities of the group.
(b) Whoever violates this section is guilty of disturbing a lawful meeting, a misdemeanor of the fourth degree.
(RC 2917.12; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
(a) No person shall knowingly:
(1) Hamper the lawful operations of any law enforcement officer, firefighter, rescuer, medical person, emergency medical services person, or other authorized person, engaged in the person's duties at the scene of a fire, accident, disaster, riot or emergency of any kind;
(2) Hamper the lawful activities of any emergency facility person who is engaged in the person's duties in an emergency facility.
(3) Fail to obey the lawful order of any law enforcement officer engaged in the law enforcement officer's duties at the scene of or in connection with a fire, accident, disaster, riot or emergency of any kind.
(b) Nothing in this section shall be construed to limit access or deny information to any news media representative in the lawful exercise of his duties.
(c) Whoever violates this section is guilty of misconduct at an emergency. Except as otherwise provided in this Section, misconduct at an emergency is a misdemeanor of the fourth degree. If violation of this section creates a risk of physical harm to persons or property, misconduct at an emergency is a misdemeanor of the first degree.
(d) As used in this section:
(1) “Emergency medical services person” is the singular of “emergency medical services personnel” as defined in Section 2133.21 of the Revised Code.
(2) “Emergency facility person” is the singular of “emergency facility personnel” as defined in Section 2909.04 of the Revised Code.
(3) “Emergency facility” has the same meaning as in Section 2909.04 of the Revised Code. (RC 2917.13)
(Ord. No. 1631-05. Passed 3-20-06, eff. 3-24-06)
(a) No person shall cause the evacuation of any public place, or otherwise cause serious public inconvenience or alarm, by doing any of the following:
(1) Initiating or circulating a report or warning of an alleged or impending fire, explosion, crime or other catastrophe, knowing that such report or warning is false;
(2) Threatening to commit any offense of violence;
(3) Committing any offense, with reckless disregard of the likelihood that its commission will cause serious public inconvenience or alarm.
(b) This section does not apply if:
(1) physical harm is caused to any person; or
(2) the offense results in economic harm of five hundred dollars or more; or
(3) the public place involved is a school; or
(4) the violation pertains to a purported, threatened, or actual use of a weapon of mass destruction.
(c) Division (a) of this section does not apply to any person conducting an authorized fire or emergency drill.
(d) Whoever violates this section is guilty of inducing panic, a misdemeanor of the first degree. (RC 2917.31)
(Ord. No. 1631-05. Passed 3-20-06, eff. 3-24-06)
(a) No person shall do any of the following:
(1) Initiate or circulate a report or warning of an alleged or impending fire, explosion, crime or other catastrophe, knowing that the report or warning is false and likely to cause public inconvenience or alarm;
(2) Knowingly cause a false alarm of fire or other emergency to be transmitted to or within any organization, public or private, for dealing with emergencies involving a risk of physical harm to persons or property;
(3) Report to any law enforcement agency an alleged offense or other incident within its concern, knowing that such offense did not occur.
(b) This section does not apply:
(1) to any person conducting an authorized fire or emergency drill; or
(2) if the violation results in economic harm of five hundred dollars ($500.00) or more; or
(3) if a violation of this section pertains to a purported, threatened or actual use of a weapon of mass destruction.
(c) This section does not apply to any person conducting an authorized fire or emergency drill.
(d) Whoever violates this section is guilty of making false alarms, a misdemeanor of the first degree. (RC 2917.32)
(Ord. No. 1631-05. Passed 3-20-06, eff. 3-24-06)
(a) No person shall do any of the following:
(1) Initiate a call to 9-1-1 regarding an alleged or impending fire, explosion, crime, or other emergency, knowing that such report is false, and likely to cause inconvenience or alarm;
(2) Knowingly cause a false alarm of fire or other emergency to be transmitted to or within any safety service in the City of Cleveland, for dealing with emergencies involving a risk of physical harm to persons or property;
(3) Report to 9-1-1 that an alleged offense or other incident within the respective areas of concern for the safety divisions occurred, knowing that such offense did not occur;
(4) Knowingly use the 9-1-1 system, knowing that no major critical or life threatening emergency exists and knowing that such report is likely to result in unnecessary consumption of safety services; or
(b) This section does not apply:
(1) to any person conducting an authorized fire or emergency drill; or
(2) if the violation results in economic harm of five hundred dollars ($500.00) or more; or
(3) if a violation of this section pertains to a purported, threatened or actual use of a weapon of mass destruction.
(c) Whoever violates this section is guilty of improper use of 9-1-1 telephone system, a misdemeanor of the first degree.
(Ord. No. 1631-05. Passed 3-20-06, eff. 3-24-06)
(a) No person shall threaten, menace or use improper, indecent or obscene language toward a teacher, instructor, professor, person in charge of a class of students or employee of any school, college or university while in the performance of his duties.
(b) No person shall disrupt, disturb or interfere with the teaching of any class of students, or any other activity conducted in a school, college or university building, or upon the campus or grounds thereof.
(c) No person shall assault, strike, threaten, menace, follow, pursue or use profane, indecent or obscene language toward a student or other person in a school, college or university building, or upon the campus or grounds thereof, or upon the way to or from any school, college or university sponsored activity.
(d) This section does not apply if the violation is an assault and the victim of the offense is a school teacher or administration or a school bus operator, and the offense occurs in a school, on school premises, in a school building, on a school bus, or while the victims outside of school premises or a school bus and is engaged in duties or official responsibilities associated with the victim's employment or position as a school teacher or administrator or a school bus operator, including, but not limited to, driving, accompanying, or chaperoning students at or on class or filed trips, athletic events, or other school extracurricular activities or functions outside of school premises.
(e) Whoever violates this section is guilty of criminal activity on school property, a misdemeanor of the first degree.
(Ord. No. 1631-05. Passed 3-20-06, eff. 3-24-06)
(a) No person shall congregate with others on the sidewalk, street corner or within the parks or public grounds, with intent to provoke a breach of the peace, or whereby a breach of the peace may be occasioned by the serious annoyance to pedestrians or by threatening, insulting or abusive conduct, and refuse to move on when ordered by a police officer.
(b) Whoever violates this section is guilty of unlawful congregation, a misdemeanor of the first degree.
(Ord. No. 1015-91. Passed 7-24-91, eff. 7-31-91)
(a) No person shall make, or cause, suffer, allow, or permit to be made within the City any unreasonably loud, disturbing and unnecessary noise, or noises of such character, intensity or duration as to be detrimental to the life and health of any individual, or unreasonably disturb the quiet, comfort, or repose of neighboring inhabitants.
(b) Loud, disturbing and unnecessary noises in violation of this section shall include without limitation the following:
(1) The sounding of any horn, bell, or other signal or warning device on any motor vehicle, motorcycle, bus or other vehicle, except as a danger or warning signal.
(2) The keeping of any animal or bird which, by causing frequent or long continued noise disturbs the comfort and repose of any person in the vicinity, where such noise can be distinctly heard outside the property line of the premises at which the animal or bird is kept.
(3) The use of any motorcycle, or vehicle so out of repair or so loaded as to create loud or unnecessary grating, grinding, rattling or other noise.
(4) The blowing of any steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work or as a warning of danger, or the use of steam under pressure for cleaning purposes in any establishment between the hours of 7:00 p.m. and 7:00 a.m., when the windows of such establishment are open.
(5) The unreasonable discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor vehicle or motor boat engine.
(6) The use of any mechanical device operated by compressed air (excluding a jackhammer operated on weekdays between the hours of 8:00 a.m. and 7:00 p.m.) unless the noise created thereby is effectively muffled and reduced.
(7) The creation of a loud and excessive noise in connection with the loading or unloading of any vehicle or the opening and destruction of bales, boxes, crates and containers.
(8) The making of any unnecessary noise by a person or by his operation of any instrument, device, agency or vehicle, and/or the performance of any construction or demolition activity or the operation of any mechanical, electrical, pneumatically, hydraulically powered or battery operated apparatus used in connection with any construction or demolition activity between the hours of 7:00 p.m. and 7:00 a.m. within 500 feet of places of residence and 150 feet of any portion of the grounds and premises on which is located a hospital or other institution reserved for the sick, aged or infirm, or within 150 feet of any school, courthouse, church or building in which religious services are held, during school hours, hours of holding court or hours of public worship, respectively. The area within 150 feet of a hospital, school, courthouse or church shall be a “zone of quiet” and the Director of Public Safety shall place signs within such zones of quiet calling attention to the prohibition against unnecessary noise.
(9) The making of any loud or unnecessary noise in violation of Chapter 683 of these Codified Ordinances.
(10) The discharge, ignition, or explosion of any fireworks, except novelty or trick fireworks as defined in Section 3743.01 of the Revised Code, and except for licensed exhibitors of fireworks authorized to conduct a fireworks exhibition pursuant to Section 3743.50 through 3743.55 of the Revised Code.
(c) Emergency utility or other repair work, such as restoring electric power lines or a water or sewer main, shall be exempted from this ordinance. If there is a need to do any construction or demolition activity other than emergency repairs the construction contractor in charge of the project shall submit to the Director of Public Safety a request to perform construction work outside of the time allowed under this ordinance. The Director of Public Safety may grant an exemption to this ordinance if such an exemption is justified and necessary.
(d) Whoever violates any of divisions (b)(1) through (b)(8) of this section is guilty of making unnecessary noise, a minor misdemeanor, and shall be fined pursuant to Section 601.99, which fine shall not be suspended, waived or otherwise reduced. Whoever violates this section within twelve (12) hours of having been charged with the minor misdemeanor of making unnecessary noise or of having been warned by a police officer to desist from making unnecessary noise is guilty of making unnecessary noise, a misdemeanor of the fourth degree, and shall be fined pursuant to Section 601.99 which fine shall not be suspended, waived, or otherwise reduced.
(e) Whoever violates divisions (b)(9) or (b)(10) of this section shall be guilty of a misdemeanor of the fourth degree and shall be fined pursuant to Section 601.99 upon a first offense, which fine shall not be suspended, waived, or otherwise reduced, and subject to up to 30 days in jail. Notwithstanding this division, the penalties contained in Section 683.99 shall apply to violations of division (b)(9) of this section.
(f) Whoever violates division (b)(9) or (b)(10) of this section, upon any subsequent offense, or within 36 hours of having been warned by a police officer to desist from violating one of these sections, shall be guilty of a misdemeanor of the third degree and shall be fined pursuant to Section 601.99, which fine shall not be suspended, waived, or otherwise reduced, and subject to up to 60 days in jail. Each day upon which a violation occurs or continues shall be a separate and punishable offense.
(g) Whoever violates division (b)(10) of this section, during any of the dates of Memorial Day through Labor Day, inclusive, shall be guilty of a misdemeanor of the third degree and shall be fined pursuant to Section 601.99, which fine shall not be suspended, waived, or otherwise reduced, and subject to up to 60 days in jail. Each day upon which a violation occurs or continues shall be a separate and punishable offense.
(Ord. No. 899-08. Passed 6-9-08, eff. 6-16-08)
(a) No person shall evade the payment of the known fares of a public transportation system.
(b) No person shall alter any transfer, pass, ticket, or token of a public transportation system with the purpose of evading the payment of fares or of defrauding the system. [RC 2917.41]
(c) Whoever violates division (a) or division (b) of this section is guilty of a minor misdemeanor on the first offense and a misdemeanor of the fourth degree on the second and any subsequent offense.
(Ord. No. 411-09. Passed 4-13-09, eff. 4-20-09)
(a) No person shall, as the owner, agent, employee, operator or person in charge, use or operate any gas or gasoline engine within the City unless such gas or gasoline engine is equipped with a muffler.
(b) Whoever violates this section is guilty of unlawful engine operation, a minor misdemeanor.
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)
(a) No person shall be in a state of public intoxication or, being intoxicated, disturb the peace, good order and quiet of the City.
(b) Whoever violates this section is guilty of public intoxication, a minor misdemeanor.
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)
(a) No child twelve years of age or under shall be upon the streets or sidewalks or in a park or any other public place during the period from darkness to dawn, nor shall any child between the ages of thirteen and fourteen, inclusive, be upon the streets or sidewalks or in any park or other public place between 9:30 p.m. and 6:00 a.m. nor shall any child between the ages of fifteen and sixteen, inclusive, be upon the streets or sidewalks or in any park or other public place between the hours of 11:00 p.m. and 6:00 a.m., nor shall any child seventeen years of age be upon the streets or sidewalks between the hours of midnight and 6:00 a.m., unless the child is accompanied by a parent or legal guardian, or a responsible adult selected by the parent or legal guardian to supervise the child.
(b) Each parent or legal guardian of a child seventeen years of age or under shall have a duty to prohibit the child from behaving contrary to division (a) of this section. No person shall negligently fail to fulfill the duty imposed by this division.
(c) It shall be an affirmative defense to division (b) of this section that the parent or legal guardian:
(1) Initiated the jurisdiction of the Juvenile Court against the child prior to the time that the child was found violating division (a) of this section;
(2) Can demonstrate based on the records of the employer, that it can be reasonably presumed that the child was en route to home from work in the evening or en route to work from home in the morning.
(d) Any child who violates division (a) of this section is an unruly child and is subject to the jurisdiction of the Juvenile Court.
(e) Any person who violates division (b) of this section is guilty of negligently failing to supervise a child, a minor misdemeanor for a first offense and may be required to perform supervised community service work pursuant to division (H) of RC 2951.02 in the ward in which the child was arrested or detained, the value of such service work not to exceed One Hundred Dollars ($100.00). In addition to any other method of enforcement provided for in these Codified Ordinances or by statute, this offense may be enforced by the issuance of a citation in compliance with Rule 4.1 of the Ohio Rules of Criminal Procedure. Any person who is convicted of a second or subsequent offense for violating division (b) of this section is guilty of a misdemeanor of the fourth degree.
(Ord. No. 1729-06. Passed 4-23-07, eff. 4-23-07)
(a) No child between the ages of six and seventeen, inclusive, other than a child that has been suspended or expelled from school, shall be at any place within the City except in attendance at school between the hours of 10:00 a.m. and 2:30 p.m. during any school day, unless the child has written proof from school authorities excusing him or her from attending school at that particular time, or unless the child is accompanied by a parent or legal guardian, or a responsible adult selected by the parent or legal guardian to supervise the child.
(b) Each parent or legal guardian of a child between the ages of six and seventeen, inclusive, shall have a duty to prohibit the child from behaving contrary to division (a) of this section. No person shall negligently fail to fulfill the duty imposed by this division.
(c) It shall be an affirmative defense to divisions (a) and (b) of this section that the child, at the time he or she was found at a place other than in school, was not required by law to be in attendance at school.
(d) It shall be an affirmative defense to division (b) of this section that the parent or legal guardian:
(1) Initiated the jurisdiction of the Juvenile Court against the child prior to the time that the child was found violating division (a) of this section; or
(2) Can demonstrate based upon the records of the Cleveland City School District that the parent or legal guardian has been actively working with officials of the Cleveland City School District regarding the behavior of the child prior to the time that the child was found violating division (a) of this section.
(e) A police officer or school attendance officer may transport any child found violating division (a) of this section to the child's residence and may release the child into the care of a parent or legal guardian, to the school the child usually attends, or to any location designated by the school authorities as a receiving center for such children, the choice of destination to be made at the discretion of the police officer or school attendance officer based on proximity of the destination and other relevant factors, and subject to the need to respond to emergency or priority calls.
(f) Any child who violates division (a) of this section is an unruly child and is subject to the jurisdiction of the Juvenile Court.
(g) Any person who violates division (b) of this section is guilty of negligently failing to supervise a child of compulsory school age, a misdemeanor of the fourth degree for a first offense. Any person who is convicted of a second or subsequent offense for violating division (b) of this Section is guilty of a misdemeanor of the third degree.
(Ord. No. 864-05. Passed 7-13-05, eff. 7-20-05)
(a) If a child is suspended or expelled from school, then each parent or legal guardian of the child shall have the following duties for the duration of the suspension or expulsion:
(1) The duty to personally supervise the child, or to arrange for a responsible adult to supervise the child, at the times that the child would have been required to be in attendance at school had he or she not been suspended or expelled; and
(2) The duty to prohibit the child from being at any public place at the times that the child would have been required to be in attendance at school had he or she not been suspended or expelled, except in the following circumstances:
A. When the child is accompanied by the parent or legal guardian, or a responsible adult selected by the parent or legal guardian to supervise the child; or
B. When the child is employed pursuant to an age and schooling certificate issued by the school authorities, during the times that the child is actually on the job or traveling directly to or from the job site; or
C. When the child is on an emergency errand; or
D. When the child has been directed by the parent or legal guardian to engage in a specific activity or to carry out express instructions, during the times that the child is actually engaged in fulfilling those directions or instructions.
No person shall negligently fail to fulfill the duties imposed by this division.
(b) No child that has been suspended or expelled from school shall fail to comply with supervision provided or arranged by a parent or legal guardian pursuant to division (a)(1) of this section.
(c) No child that has been suspended or expelled from school shall be in any public place at the times that he or she would have been required to be in attendance at school had he or she not been suspended or expelled, except in the circumstances described in divisions (a)(2)A, (a)(2)B, (a)(2)C or (a)(2)D.
(d) As used in this section, “public place” includes any street, sidewalk, park, cemetery, school yard, body of water or watercourse, public conveyance, or any other place for the sale of merchandise, public accommodation or amusement.
(e) A police officer or school attendance officer may transport any child found violating division (a) of this section to the child's residence and may release the child into the care of a parent or legal guardian, to the school the child usually attends, or to any location designated by the school authorities as a receiving center for such children, the choice of destination to be made at the discretion of the police officer or school attendance officer based on proximity of the destination and other relevant factors, and subject to the need to respond to emergency or priority calls.
(f) Any child that violates divisions (b) or (c) of this section is an unruly child and is subject to the jurisdiction of the Juvenile Court.
(g) Any person that negligently fails to fulfill the duty imposed by division (a) of this section is guilty of negligently failing to supervise a suspended or expelled child, a misdemeanor of the second degree for a first offense. Any person who is convicted of a second or subsequent offense for violating division (a) of this section is guilty of a misdemeanor of the first degree.
(Ord. No. 864-05. Passed 7-13-05, eff. 7-20-05)
No person required to attend parental education or training program pursuant to a policy adopted under division (A) or (B) of Section 3313.663 of the Revised Code shall fail to attend the program. Whoever violates this section is guilty of parental education neglect, a misdemeanor of the fourth degree.
(Ord. No. 864-05, § 3. Passed 7-13-05, eff. 7-20-05)
(a) No person, firm or corporation directly involved in a labor dispute shall wilfully and knowingly employ, or contract or arrange for the recruitment or procuring for employment, any person who customarily and repeatedly offers himself for employment for the duration of a strike or lockout in place of employees involved in a strike or lockout.
(b) No person who customarily and repeatedly offers himself for employment in place of employees involved in a labor dispute shall accept or offer to accept employment in place of an employee involved in a labor dispute.
(c) No person, firm or corporation, not directly involved in a labor strike or lockout, shall recruit any person for employment, or secure or offer to secure for any person any employment, when the purpose of such recruiting, securing or offering to secure employment is to have such person take the place in employment of employees in an industry where a labor strike or lockout exists.
(d) Whoever violates this section is guilty of unlawful strikebreaker employment, a misdemeanor of the first degree.
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)
(a) No City official or officer of the Department of Public Safety or the Division of Police shall order or authorize the use of mounted police officers for any law enforcement activity in connection with or related to a labor dispute, nor shall any mounted police officer while on duty as a mounted police officer use his mount for any law enforcement activity connected with or related to a labor dispute.
(b) Any person violating the provisions of this section shall be subject to departmental disciplinary action.
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)
(a) No official or officer of the Department of Public Safety or the Division of Police shall order, authorize or direct nor shall any member of the Division of Police use or employ a dog, owned, harbored or under the control of the City of Cleveland, in connection with or related to a labor dispute.
(b) Whoever violates this section shall be subject to departmental disciplinary action for violation of the laws of the City of Cleveland.
(Ord. No. 1048-89. Passed 4-24-89, eff. 5-4-89 without the signature of the Mayor)