PART SIX — OFFENSES AND BUSINESS ACTIVITIES CODE
Title I — General Offenses
Chapter 615 — Law Enforcement and Public Office
Complete to December 31, 2007CROSS REFERENCES
See sectional histories for similar State law.
Financial interest in contracts, Charter § 195, CO 171.38
Refusal to obey subpoena or produce evidence, CO 111.08
Director of Public Safety to make monthly crime statistics report to Council, CO 135.02
Claims against City for damages suffered in crime prevention or apprehension of criminals, CO 155.03
Certification of death, CO 233.01
Resisting police in parks, CO 559.55
Law enforcement officer defined, CO 601.01
Disposition of property held by Division of Police, CO 601.14
Misconduct at an emergency, CO 605.05
Making false alarms, CO 605.07
Law enforcement officers possessing nonissued firearms on duty, CO 627.22
Unlawful discriminatory conduct, CO Ch 667
615.01 Definitions
As used in this chapter:
(a) “Public official” means any elected or appointed officer, or employee, or agent of the State or any political subdivision thereof, whether in a temporary or permanent capacity, and including without limitation legislators, judges and law enforcement officers.
(b) “Public servant” means any of the following:
(1) Any public official;
(2) Any person performing ad hoc a governmental function, including without limitation a juror, member of a temporary commission, master, arbitrator, advisor or consultant;
(3) A candidate for public office, whether or not he is elected or appointed to the office for which he is a candidate. A person is a candidate for purposes of this division if he has been nominated according to law for election or appointment to public office, or if he has filed a petition or petitions as required by law to have his name placed on the ballot in a primary, general or special election, or if he campaigns as a write-in candidate in any primary, general or special election.
(c) “Party official” means any person who holds an elective or appointive post in a political party in the United States or this State, by virtue of which he directs, conducts or participates in directing or conducting party affairs at any level of responsibility.
(d) “Official proceeding” means any proceeding before a legislative, judicial, administrative or other governmental agency or official authorized to take evidence under oath, and includes any proceeding before a referee, hearing examiner, commissioner, notary or other person taking testimony or a deposition in connection with an official proceeding.
(e) “Detention” means arrest; confinement in any vehicle subsequent to an arrest; confinement in any facility for custody of persons charged with or convicted of crime or alleged or found to be a delinquent child or unruly child; hospitalization, institutionalization, or confinement in any facility that is ordered pursuant to or under the authority of Sections 2945.37, 2945.371, 2945.38, 2945.39, or 2945.40 of the Revised Code; confinement in any vehicle for transportation to or from any such facility; detention for extradition or deportation; except as provided in this division, supervision by any employee of any such facility that is incidental to hospitalization, institutionalization, or confinement in the facility but that occurs outside the facility; or supervision by an employee of the department of rehabilitation and correction of a person on any type of release from a state correctional institution other than release on parole or shock probation; or confinement in any vehicle, airplane, or place while being returned from outside this state into this state by a private person or entity pursuant to a contract entered into by division (E) of Section 311.29 of the Revised Code or division (B) of Section 5149.03 of the Revised Code. For a person confined in a county jail who participates in a county jail industry program pursuant to Section 5147.30 of the Revised Code, “detention” includes time spent at an assigned work site and going to and from the work site.
(f) “Detention facility” means any place used for the confinement of a person charged with or convicted of a crime or alleged or found to be a delinquent child or unruly child.
(g) “Provider agreement” and “medical assistance program” have the same meanings as in Section 2913.40 of the Revised Code.
(h) “Valuable thing or valuable benefit” includes, but is not limited to, a contribution. This inclusion does not indicate or imply that a contribution was not included in those terms before the effective date of this division.
(i) “Campaign committee,” “contribution,” “political action committee,” “legislative campaign fund,” and “political party” and “political contributing entity” have the same meaning as in Section 3517.01 of the Revised Code. (RC 2921.01)
(Ord. No. 1631-05. Passed 3-20-06, eff. 3-24-06)
615.02 Falsification
(a) No person shall knowingly make a false statement, or knowingly swear or affirm the truth of a false statement previously made, when any of the following applies:
(1) The statement is made in any official proceeding.
(2) The statement is made with purpose to incriminate another.
(3) The statement is made with purpose to mislead a public official in performing the public official's function.
(4) The statement is made with purpose to secure the payment of unemployment compensation; Ohio works first; prevention, retention, and contingency benefits and services; disability financial assistance; retirement benefits; economic development assistance, as defined in Section 9.66 of the Revised Code; or other benefits administered by a governmental agency or paid out of a public treasury.
(5) The statement is made with purpose to secure the issuance by a governmental agency of a license, permit, authorization, certificate, registration, release, or provider agreement.
(6) The statement is sworn or affirmed before a notary public or another person empowered to administer oaths.
(7) The statement is in writing on or in connection with a report or return that is required or authorized by law.
(8) The statement is in writing, and is made with purpose to induce another to extend credit to or to employ the offender, or to confer any degree, diploma, certificate of attainment, award of excellence or honor on the offender, or to extend to or bestow upon the offender any other valuable benefit or distinction, when the person to whom such statement is directed relies upon it to his detriment.
(9) The statement is made with purpose to commit or facilitate the commission of a theft offense if the value of the property or services stolen is less than five hundred dollars.
(10) The statement is knowingly made to a probate court in connection with any action, proceeding, or other matter within its jurisdiction, either orally or in a written document, including, but not limited to, an application, petition, complaint, or other pleading, or an inventory, account, or report.
(11) The statement is made on an account, form, record, stamp, label or other writing that is required by law.
(12) The statement is made in a document or instrument of writing that purports to be a judgment, lien, or claim of indebtedness and is filed or recorded with the secretary of state, a country recorder, or the clerk of court of record.
(13) The statement is made with purpose to obtain an Ohio's best Rx program enrollment card under Section 5110.09 of the Revised Code or a payment from the Ohio department of job and family services under Section 5110.17 of the Revised Code.
(14) The statement is required under Section 5743.72 of the Revised Code in connection with the person's purchase of cigarettes or tobacco products in a delivery sale.
(b) It is no defense to a charge under division (a)(6) of this section that the oath or affirmation was administered or taken in an irregular manner.
(c) Where contradictory statements relating to the same fact are made by the offender within the period of the statute of limitations for falsification, it is not necessary for the prosecution to prove which statement was false, but only that one or the other was false.
(d)(1) Whoever violates any provision of divisions (a)(1) to (8) or (a)(10) to (14) of this section is guilty of falsification, a misdemeanor of the first degree.
(2) Whoever violates division (a)(9) of this section is guilty of falsification in a theft offense a misdemeanor of the first degree.
(e) A person who violates this section is subject to a civil action as described in division (G) of Section 2921.13 of the Revised Code. (RC 2921.13)
(Ord. No. 1631-05. Passed 3-20-06, eff. 3-24-06)
615.03 Compounding a Crime
(a) No person shall knowingly demand, accept or agree to accept anything of value in consideration of abandoning or agreeing to abandon a pending criminal prosecution.
(b) It is an affirmative defense to a charge under this section when both of the following apply:
(1) The pending prosecution involved is for a violation of Sections 625.05, 625.11 or 625.12(b)(2) or Sections 2913.02, 2913.11, 2913.21(B)(2), or Section 2913.47 of the Revised Code of which the actor under this section was the victim;
(2) The thing of value demanded, accepted or agreed to be accepted, in consideration of abandoning or agreeing to abandon the prosecution, did not exceed an amount which the actor reasonably believed due him as restitution for the loss caused him by the offense.
(c) When a prosecuting witness abandons or agrees to abandon a prosecution under division (b) of this section, such abandonment or agreement in no way binds the State to abandoning the prosecution.
(d) Whoever violates this section is guilty of compounding a crime, a misdemeanor of the first degree. (RC 2921.21)
(Ord. No. 1631-05. Passed 3-20-06, eff. 3-24-06)
615.04 Failure to Report a Crime, Injury or Knowledge of Death
(a) No person, knowing that a felony has been or is being committed, shall knowingly fail to report such information to law enforcement authorities.
(b) Except for conditions that are within the scope of division (e) of this section, no physician, limited practitioner, nurse or person giving aid to a sick or injured person, shall negligently fail to report to law enforcement authorities any gunshot or stab wound treated or observed by him, or any serious physical harm to persons that he knows or has reasonable cause to believe resulted from an offense of violence.
(c) No person who discovers the body or acquires the first knowledge of the death of any person shall fail to report the death immediately to any physician whom the person knows to be treating the deceased for a condition from which death at such time would not be unexpected, or to a law enforcement officer, ambulance service, emergency squad or the coroner in a political subdivision in which the body is discovered, the death is believed to have occurred or knowledge concerning the death is obtained.
(d) No person shall fail to provide upon request of the person to whom he has made a report required by division (c) of this section, or to any law enforcement officer who has reasonable cause to assert the authority to investigate the circumstances surrounding the death, any facts within his knowledge that may have a bearing on the investigation of the death.
(e)(1) As used in this division (e), “burn injury” means any of the following:
A. Second or third degree burns;
B. Any burns to the upper respiratory tract or laryngeal edema due to the inhalation of super-heated air;
C. Any burn injury or wound that may result in death;
D. Any physical harm to persons caused by or as the result of fireworks, novelties and trick noisemakers, and wire sparklers, as each is defined in Section 374.01 of the Revised Code.
(2) No physician, nurse or limited practitioner who, outside a hospital, sanitarium or other medical facility, attends or treats a person who has sustained a burn injury inflicted by an explosion or other incendiary device, or that shows evidence of having been inflicted in a violent, malicious or criminal manner, shall fail to report the burn injury immediately to the local arson bureau, if there is such a bureau in the jurisdiction in which the person is attended or treated, or otherwise to local law enforcement authorities.
(3) No manager, superintendent or other person in charge of a hospital, sanitarium or other medical facility in which a person is attended or treated for any burn injury inflicted by an explosion or other incendiary device, or that shows evidence of having been inflicted in a violent, malicious, or criminal manner, shall fail to report the burn injury immediately to the local arson bureau, if there is such a bureau in the jurisdiction in which the person is attended or treated, or otherwise to local law enforcement authorities.
(4) No person who is required to report any burn injury under division (e)(2) or (3) of this section shall fail to file, within three working days after attending or treating the victim, a written report of the burn injury with the Office of the State Fire Marshal. The report shall be made on a form developed by the State Fire Marshal.
(5) Anyone participating in the making of reports under division (e) of this section or anyone participating in a judicial proceeding resulting from the reports shall be immune from any civil or criminal liability that otherwise might be incurred or imposed as a result of such actions. Notwithstanding Section 4731.22 of the Revised code, the physician-patient relationship is not a ground for excluding evidence regarding a person's burn injury or the cause of the burn injury in any judicial proceeding resulting from a report submitted pursuant to division (e) of this section.
(f)(1) Any doctor of medicine or osteopathic medicine, hospital intern or resident, registered or licensed practical nurse, psychologist, social worker, independent social worker, social work assistant, professional clinical counselor, professional counselor, or professional counselor's assistant who knows or has reasonable cause to believe that a patient or client has been the victim of domestic violence, as defined in Section 3113.31 of the Revised Code, shall note that knowledge or belief and the basis for it in the patient's or client's records.
(2) Notwithstanding Section 4731.22 of the Revised Code, the doctor-patient privilege shall not be a ground for excluding any information regarding the report containing the knowledge or belief noted pursuant to division (f)(1) of this section, and the information may be admitted as evidence in accordance with the Rules of Evidence.
(g) Division (a) or (d) of this section does not require disclosure of information, when any of the following applies:
(1) The information is privileged by reason of the relationship between attorney and client, doctor and patient, licensed psychologist or licensed school psychologist and client, clergyman or rabbi or minister or priest and any person communicating information confidentially to him for a religious counseling purpose in his professional character, husband and wife, or a communications assistant and those who are a party to a telecommunications relay service call.
(2) The information would tend to incriminate a member of the actor's immediate family.
(3) Disclosure of the information would amount to revealing a news source, privileged under Section 2739.04 or 2739.12 of the Revised Code.
(4) Disclosure of the information would amount to disclosure by an ordained clergyman of an organized religious body of a confidential communication made to him in his capacity as such by a person seeking his aid or counsel.
(5) Disclosure would amount to revealing information acquired by the actor in the course of his duties in connection with a bona fide program of treatment or services for drug dependent persons or persons in danger of drug dependence, which program is maintained or conducted by a hospital, clinic, person, agency or organization certified pursuant to Section 3793.06 of the Revised Code.
(6) Disclosure would amount to revealing information acquired by the actor in the course of his duties in connection with a bona fide program for providing counseling services to victims of crimes that are violations of Sections 2907.02, 2907.05 or 2907.12 of the Revised Code. As used in this division, “counseling services” include services provided in an informal setting by a person who by education or experience, is competent to provide such services.
(h) No disclosure of information pursuant to this section gives rise to any liability or recrimination for a breach of privilege or confidence.
(i) Whoever violates division (a) or (b) of this section is guilty of failure to report a crime. Violation of division (a) of this section is a misdemeanor of the fourth degree. Violation of division (b) of this section is a misdemeanor of the second degree.
(j) Whoever violates division (c) or (d) of this section is guilty of failure to report knowledge of a death, a misdemeanor of the fourth degree.
(k)(1) Whoever negligently violates division (e) of this section is guilty of a minor misdemeanor.
(2) Whoever knowingly violates division (e) of this section is guilty of a misdemeanor of the second degree. (RC 2921.22)
(Ord. No. 1631-05. Passed 3-20-06, eff. 3-24-06)
615.05 Failure to Aid a Law Enforcement Officer
(a) No person shall negligently fail or refuse to aid a law enforcement officer, when called upon for assistance in preventing or halting the commission of an offense, or in apprehending or detaining an offender, when such aid can be given without a substantial risk of physical harm to the person giving it.
(b) Whoever violates this section is guilty of failure to aid a law enforcement officer, a minor misdemeanor.
(RC 2921.23; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
615.06 Obstructing Official Business
(a) No person, without privilege to do so and with purpose to prevent, obstruct or delay the performance by a public official of any authorized act within his official capacity, shall do any act which hampers or impedes a public official in the performance of his lawful duties.
(b) Whoever violates this section is guilty of obstructing official business, a misdemeanor of the second degree. (RC 2921.31)
(c) This section does not apply if a violation creates a risk of physical harm to any person.
(Ord. No. 1631-05. Passed 3-20-06, eff. 3-24-06)
615.07 Obstructing Justice
(a) No person, with purpose to hinder the discovery, apprehension, prosecution, conviction or punishment of another for a misdemeanor offense, or to assist another to benefit from the commission of a misdemeanor offense, shall do any of the following:
(1) Harbor or conceal such other person;
(2) Provide such other person with money, transportation, a weapon, a disguise or other means of avoiding discovery or apprehension;
(3) Warn such other person of impending discovery or apprehension;
(4) Destroy or conceal physical evidence of the crime, or induce any person to withhold testimony or information or to elude legal process summoning him to testify or supply evidence;
(5) Communicate false information to any person;
(6) Prevent or obstruct any person by means of force intimidating, or deception, from performing any act to aid in the discovery, apprehension, or prosecution of the other person.
(b) Whoever violates this section is guilty of obstructing justice, a misdemeanor of the first degree. (RC 2921.32)
(Ord. No. 1631-05. Passed 3-20-06, eff. 3-24-06)
615.08 Resisting Arrest
(a) No person, recklessly or by force, shall resist or interfere with a lawful arrest of himself or another.
(b) No person, recklessly or by force, shall resist or interfere with a lawful arrest of the person or another person and, during the course of or as a result of the interference, cause physical harm to a law enforcement officer.
(c) This section does not apply if the offender during the course of or as a result of the resistance or interference, recklessly causes physical harm to a law enforcement officer by means of a deadly weapon or during the course of the resistance or interference, brandishes a deadly weapon.
(d) Whoever violates this section is guilty of resisting arrest. A violation of division (a) of this section is a misdemeanor of the second degree. A violation of division (b) of this section is a misdemeanor of the first degree. (RC 2921.33)
(Ord. No. 1631-05. Passed 3-20-06, eff. 3-24-06)
615.09 Personating an Officer
(a) No person, with purpose to defraud or knowing that he is facilitating a fraud, or with purpose to induce another to purchase property or services, shall personate a law enforcement officer, or an inspector, investigator or agent of any governmental agency.
(b) Whoever violates this section is guilty of personating an officer, a misdemeanor of the first degree.
(RC 2913.44; Ord. No. 54-74. Passed 3-25-74; eff. 4-1-74)
615.091 Impersonation of Peace Officer or Private Policeman
(a) As used in this section:
(1) “Peace officer” means a sheriff, deputy sheriff, marshal, deputy marshal, member of the organized police department of a municipal corporation or township constable who is employed by a political subdivision of this State, a member of a police force employed by a metropolitan housing authority under RC 3735.31, a member of a police force employed by a regional transit authority under Section 306.35 of the Revised Code, a State university law enforcement officer appointed under Section 3345.04 of the Revised Code, an Ohio veterans' home policeman appointed under Section 5907.02 of the Revised Code, a special police officer employed by a port authority under Section 4528.04 or 4582.28 of the Revised Code, or a State highway patrol trooper and whose primary duties are to preserve the peace, to protect life and property and to enforce the laws, ordinances or rules of the State or any of its political subdivisions.
(2) “Private policeman” means any security guard, special policeman, private detective or other person who is privately employed in a police capacity.
(3) “Impersonate” means to act the part of, assume the identity of, wear the uniform or any part of the uniform of or display the identification of a particular person or a member of a class of persons with purpose to make another person believe that the actor is that particular person or is a member of that class of persons.
(b) No person shall impersonate a peace officer or a private policeman.
(c) No person, by impersonating a peace officer or a private policeman, shall arrest or detain any person, search any person or search the property of any person.
(d) No person, with purpose to commit or facilitate the commission of an offense, shall impersonate a peace officer, a private policeman or an officer, agent or employee of the State or the Municipality.
(e) It is an affirmative defense to a charge under division (b) of this section that the impersonation of the peace officer was for a lawful purpose.
(f) Whoever violates division (b) of this section is guilty of a misdemeanor of the fourth degree. Whoever violates divisions(c) or (d) of this section is guilty of a misdemeanor of the first degree, provided that the purpose of a violation of division (d) of this section is not to commit or facilitate the commission of a felony. (RC 2921.51)
(Ord. No. 1631-05. Passed 3-20-06, eff. 3-24-06)
615.10 Having an Unlawful Interest in a Public Contract
(a) No public official shall knowingly do any of the following:
(1) During his term of office or within one year thereafter, occupy any position of profit in the prosecution of a public contract authorized by him or by a legislative body, commission, or board of which he was a member at the time of authorization, unless the contract was let by competitive bidding to the lowest and best bidder;
(2) Have an interest in the profits or benefits of a public contract entered into by or for the use of the political subdivision or governmental agency or instrumentality with which he is connected;
(3) Have an interest in the profits or benefits of a public contract which is not let by competitive bidding when required by law, and which involves more than one hundred fifty dollars ($150.00).
(b) In the absence of bribery or a purpose to defraud, a public official, member of his family, or any of his business associates shall not be considered as having an interest in a public contract or the investment of public funds, if all of the following apply:
(1) The interest of such person is limited to owning or controlling shares of the corporation, or being a creditor of the corporation or other organization, which is the contractor on the public contract involved, or which is the issuer of the security in which public funds are invested;
(2) The shares owned or controlled by such person do not exceed five percent of the outstanding shares of the corporation, and the amount due such person as creditor does not exceed five percent of the total indebtedness of the corporation or other organization;
(3) Such person, prior to the time the public contract is entered into, files with the political subdivision or governmental agency or instrumentality involved, an affidavit giving his exact status in connection with the corporation or other organization.
(c) This section does not apply to a public contract in which a public official, member of his family, or one of his business associates has an interest, when all of the following apply:
(1) The subject of the public contract is necessary supplies or services for the political subdivision or governmental agency or instrumentality involved;
(2) The supplies or services are unobtainable elsewhere for the same or lower cost, or are being furnished to the political subdivision or governmental agency or instrumentality as part of a continuing course of dealing established prior to the public official's becoming associated with the political subdivision or governmental agency or instrumentality involved;
(3) The treatment accorded the political subdivision or governmental agency or instrumentality is either preferential to or the same as that accorded other customers or clients in similar transactions;
(4) The entire transaction is conducted at arm's length, with full knowledge by the political subdivision or governmental agency or instrumentality involved, of the interest of the public official, member of his family, or business associate, and the public official takes no part in the deliberations or decision of the political subdivision or governmental agency or instrumentality with respect to the public contract.
(d) Division (a)(4) of this section does not prohibit participation by a public employee in any housing program funded by public moneys if the public employee otherwise qualifies for the program and does not use the authority or influence of his office or employment to secure benefits from the program and if the moneys are to be used on the primary residence of the public employee. Such participation does not constitute an unlawful interest in a public contract in violation of this section.
(e) This section does not apply where a public official authorizes, or employs the authority or influence of his office to:
1. secure authorization of any public contract in which he or she, a member of his or her family or any of his or her business associates has an interest; or
2. secure the investment of public funds in any share, bond, mortgage, or other security with respect to which he, a member of his or her family, or any of his or her business associates either has an interest, is an underwriter, or receives any brokerage, origination, or servicing fees.
(f) Whoever violates this section is guilty of having an unlawful interest in a public contract. Violation of this section is a misdemeanor of the first degree.
(g) It is not a violation of this section for a prosecuting attorney to appoint assistants and employees in accordance with Section 309.06 and RC 2921.421 of this section, for a chief legal officer of a municipal corporation or an official designated as prosecutor in a municipal corporation to appoint assistants and employees in accordance with Sections 733.621 and 2921.421 of the Revised Code, or for a township law director appointed under Section 504.15 of the Revised Code to appoint assistants and employees in accordance with Sections 504.151 and 2921.421 of the Revised Code.
(h) As used in this section:
(1) “Public contract” means any of the following:
A. The purchase or acquisition, or a contract for the purchase or acquisition of property or services by or for the use of the State, any of its political subdivisions, or any agency or instrumentality of either, including the employment of an individual by the State, any of its political subdivisions, or any agency or instrumentality of either.
B. A contract for the design, construction, alteration, repair or maintenance of any public property.
(2) “Chief legal officer” has the same meaning as in Section 733.621 of the Revised Code. (RC 2921.42)
(RC 2921.42; Ord. No. 1631-05. Passed 3-20-06, eff. 3-24-06)
615.11 Soliciting or Receiving Improper Compensation
(a) No public servant shall knowingly solicit or accept and no person shall knowingly promise or give to a public servant either of the following:
(1) Any compensation, other than is allowed by divisions (G), (H), and (I) of Section 102.03 of the Revised Code or other provisions of law, to perform his official duties, to perform any other act or service in the public servant's public capacity, for the general performance of the duties of the public servant's public office or public employment, or as a supplement to the public servant's public compensation;
(2) Additional or greater fees or costs than are allowed by law to perform his official duties.
(b) No public servant for his own personal or business use and no person for his own personal or business use or for the personal or business use of a public servant or party official, shall solicit or accept anything of value in consideration of either of the following:
(1) Appointing or securing, maintaining or renewing the appointment of any person to any public office, employment or agency;
(2) Preferring, or maintaining the status of any public employee with respect to his compensation, duties, placement, location, promotion or other material aspects of his employment.
(c) No person for the benefit of a political party, campaign committee, legislative campaign fund, political action committee, or political contributing entity shall coerce any contribution in consideration of either of the following:
(1) Appointing or securing, maintaining or renewing the appointment of any person to any public office, employment or agency;
(2) Preferring, or maintaining the status of, any public employee with respect to his compensation, duties, placement, location, promotion or other material aspects of his employment.
(d) Whoever violates this section is guilty of soliciting improper compensation, a misdemeanor of the first degree.
(e) A public servant who is convicted of a violation of this section is disqualified from holding any public office, employment or position of trust in this City for a period of seven years from the date of conviction.
(f) Divisions (a), (b) and (c) of this section do not prohibit a person from making voluntary contributions to a political party, campaign committee, legislative campaign fund, political action committee, or political contributing entity or prohibit a political party, campaign committee, legislative campaign fund, political action committee, or political contributing entity from accepting voluntary contributions. (RC 2921.43)
(RC 2921.43; Ord. No. 1631-05. Passed 3-20-06, eff. 3-24-06)
615.12 Dereliction of Duty
(a) No law enforcement officer shall negligently do any of the following:
(1) Fail to serve a lawful warrant without delay;
(2) Fail to prevent or halt the commission of an offense or to apprehend an offender, when it is in his power to do so alone or with available assistance.
(b) No law enforcement, ministerial or judicial officer shall negligently fail to perform a lawful duty in a criminal case or proceeding.
(c) No officer, having charge of a detention facility, shall negligently do any of the following:
(1) Allow the detention facility to become littered or unsanitary;
(2) Fail to provide persons confined in the detention facility with adequate food, clothing, bedding, shelter and medical attention;
(3) Fail to control an unruly prisoner, or to prevent intimidation of or physical harm to a prisoner by another;
(4) Allow a prisoner to escape;
(5) Fail to observe any lawful and reasonable regulation for the management of the detention facility.
(d) No public official of the State shall recklessly create a deficiency, incur a liability or expend a greater sum than is appropriated by the General Assembly for the use in any one year of the department, agency or institution of the State with which the public official is connected.
(e) No public servant shall recklessly fail to perform a duty expressly imposed by law with respect to his office, or recklessly do any act expressly forbidden by law with respect to his office.
(f) Whoever violates this section is guilty of dereliction of duty, a misdemeanor of the second degree. (RC 2921.44)
(g) As used in this section, “public servant” includes an officer or employee of a contractor as defined in Section 9.08 of the Revised Code.
(RC 2921.44; Ord. No. 1631-05. Passed 3-20-06, eff. 3-24-06)
615.13 Interfering with Civil Rights
(a) No public servant, under color of his office, employment or authority, shall knowingly deprive, conspire or attempt to deprive any person of a constitutional or statutory right.
(b) Whoever violates this section is guilty of interfering with civil rights, a misdemeanor of the first degree.
(RC 2921.45; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
615.14 Copying Police and Fire Uniforms
(a) No person not a member of the Police or Fire Division shall wear a uniform, cap, badge or buttons similar to, or in imitation of the official uniform, cap, badge or buttons at the time in use by members of the Police and Fire Divisions. This section does not apply to guards at the Cleveland House of Correction, or other City inspectors, while such guards or inspectors are engaged in the performance of their respective official duties.
(b) No person, firm or corporation desiring to provide special police, watchmen, or detective service, either for itself or for hire to others, shall use a distinctive uniform cap, badge or buttons, to be worn by such person or any employees engaged for such purpose, until the form, design and color thereof have first been submitted to and approved by the Director of Public Safety, and a record sufficient to identify the users thereof has been made by the Director.
(c) Whoever violates this section is guilty of copying official uniforms, a minor misdemeanor.
(Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
615.15 Giving False Information to Enforcement Agents
(a) No person shall knowingly give or assist in giving any false or fictitious information relative to the name, address or the date of birth of any person to any duly authorized enforcement agent.
(b) Whoever violates this section is guilty of giving false information to enforcement agents, a misdemeanor of the first degree.
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)
615.16 Operation of Telephone Alarm Systems
(a) No person, firm or corporation shall install, operate or maintain a telephonic alarm system which automatically transmits a signal, message or warning to any City of Cleveland Division of Fire or Division of Police telephone line.
(b) It shall be the responsibility of any person, firm or corporation which has installed or sold existing alarms to give to the buyer or subscriber of such alarm a written notice of the provisions of this section.
(c) For the purpose of this section, "telephone alarm system" means any mechanism, equipment or device which is designed to operate automatically through the use of public telephone facilities to transmit a signal, message or warning to another location.
(d) Whoever violates this section is guilty of unlawful telephone alarm system operation, a misdemeanor of the first degree.
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)
615.17 Unauthorized Display of Law Enforcement Emblems on Motor Vehicles
(a) No person who is not entitled to do so shall knowingly display on a motor vehicle the emblem of a law enforcement agency or an organization of law enforcement officers.
(b) Whoever violates this section is guilty of the unlawful display of the emblem of a law enforcement agency or an organization of law enforcement officers, a minor misdemeanor.
(RC 2913.441; Ord. No. 1475-78. Passed 10-9-78, eff. 10-11-78)
615.18 Use of City Resources for Construction and Maintenance of State Penal and Reformatory Institution Prohibited
No funds, credit, services, facilities or any other resources of the City of Cleveland may be used, lent, allocated or provided in the planning, construction, maintenance or operation of any State of Ohio Penal or Reformatory Institution as defined by RC 2967.01(A) built or planned to be built within the City of Cleveland municipal limits. No officer, employee or elected official of the City of Cleveland may provide any assistance, provide any service or participate in the planning, operation or maintenance of any State of Ohio Penal or Reformatory Institution as defined by RC 2967.01(A) built or planned to be built within the City of Cleveland municipal limits. The word "services" or "service" as used in this section shall include, but not be limited to, police protection, fire protection, water, electricity and/or waste collection. Any private citizen may bring a lawsuit in proper jurisdiction to obtain injunctive relief to enforce this section without the necessity to post a bond or other security.
The provisions and prohibitions of this section shall not apply to the Northeast Ohio Pre-Release Center, located at East 30th Street and Orange Avenue, in the City of Cleveland.
Violation of this section by any employee, officer, elected official or agent of the City of Cleveland shall be a misdemeanor of the first degree, punishable by a maximum of six (6) months imprisonment and/or a maximum fine of $1,000.00. If any portion of this section is found to be invalid or unconstitutional by any court of competent jurisdiction, the remaining portions of this section shall be unaffected and enforceable.
(Ord. No. 457-87. Passed 2-23-87, eff. 2-25-87)
615.19 Fire Damage to Motor Vehicles Required to be Reported
(a) As used in this section, "actual, economic or constructive total loss" means the damage or destruction of a motor vehicle as a result of fire in which the cost of parts and/or labor for the repair is 80% or greater than the fair market value, with reference to the National Automobile Dealers Association (NADA) guide or other pricing guides.
(b) Any person owning a motor vehicle that is damaged by fire in the City of Cleveland shall make a report to the Division of Fire if the motor vehicle is an actual, economic or constructive total loss due to the fire or if the fire is determined to be incendiary by the Division of Fire. The report shall disclose all owners and lienholders of the motor vehicle, the purchase price of the motor vehicle, the amount of the loan payments, if any, all insurance claims made previously concerning the motor vehicle or any other property in the five-year period prior to the fire, the condition of the motor vehicle prior to the fire, the names of the insurance companies to which prior claims were made, and such additional information as deemed necessary by the Chief of Fire. The format, number of copies needed, and filing locations shall be determined by the Chief of Fire. The Division of Fire shall make the uncompleted form reports available to insurance companies and persons requesting them.
(c) The report required by this section shall be acknowledged before a notary public and subject to the penalties for falsification contained in RC 2921.13 and Section 615.02 of these Codified Ordinances.
(d) Any person who violates this section is guilty of failing to file a fire damage report, a misdemeanor of the second degree.
(Ord. No. 1779-89. Passed 1-22-90, eff. 1-30-90)