CROSS REFERENCES
See sectional histories for similar State law.
Physical harm to persons defined, CO 601.01
Fighting; provoking violent response, CO 605.03
Family offenses, CO Ch 609
(a) No person shall negligently cause the death of another by means of a deadly weapon or dangerous ordnance as defined in Section 627.01.
(b) Whoever violates this section is guilty of negligent homicide, a misdemeanor of the first degree.
(RC 2903.05; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
(a) No person, while operating or participating in the operation of a motor vehicle, motorcycle, snowmobile, locomotive, watercraft or aircraft shall negligently cause the death of another.
(b) Whoever violates this section is guilty of vehicular homicide, a misdemeanor of the first degree. If the jury or judge as trier of fact in the case in which the person is convicted finds that the offender was under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, at the time of the commission of the offense, the offender shall in addition be given mandatory sentence and license revocation found in RC 4507.16.
(c) To assist the trier of fact in determining whether the offender was under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, the concentration of alcohol in the offender's blood, breath or urine as shown by a chemical test taken pursuant to RC 1547.111 or 4511.191 may be considered as a competent evidence and the offender shall be presumed to have been under the influence of alcohol if there was at the time the bodily substance was withdrawn for the chemical test a concentration of ten-hundredths of one percent (0.10%) or more by weight of alcohol in the offender's blood, ten-hundredths (0.10) of one gram or more by weight of alcohol per 210 liters of his breath, or fourteen-hundredths (0.14) of one gram or more by weight of alcohol per one hundred milliliters of his urine. (RC 2903.07).
(d) This section shall not apply whenever the conduct prohibited by this section constitutes a felony under RC 2903.07.
(Ord. No. 820-90. Passed 6-14-93, eff. 6-23-93)
(a) No person shall knowingly cause or attempt to cause physical harm to another.
(b) No person shall recklessly cause serious physical harm to another.
(c) Whoever violates this section is guilty of assault, a misdemeanor of the first degree.
(d) Notwithstanding the provisions of division (c) of this section, if the sentencing court determines that the victim of the offense was any of the following:
(1) an official or employee of the Cleveland City School District or the City of Cleveland; or
(2) a member of the City's Auxiliary Police Force; or
(3) a school crossing guard or his or her alternate; or
(4) a volunteer working on school property, whether public or private, or at a City-owned recreation center; or
(5) a taxicab driver licensed under Chapter 443 of the Codified Ordinances;
and the court further determines that the victim was performing his or her official duties at the time of the offense, the court shall set the offender's fine at $1,000.00 and in addition to said fine shall sentence the offender to not less than sixty (60) days' and not more than six (6) months' imprisonment. The minimum fine and imprisonment to be imposed by the court pursuant to this division (d) are mandatory. The court shall not suspend all or any portion of said fines and imprisonment.
(e) Notwithstanding the provisions of division (c) of this section, if the sentencing court determines that the victim of the offense was a child between the ages of six and seventeen and was in attendance in a facility owned by the Cleveland City School District at the time of the offense, the court shall set the offender's fine at $1,000.00 and, in addition to said fine, shall sentence the offender to not less than sixty (60) days' and not more than six (6) months' imprisonment. The minimum fine and imprisonment to be imposed by the court pursuant to this division (d) are mandatory. The court shall not suspend all or any portion of said fines and imprisonment.
(f) This section does not apply where the offense constitutes a felony pursuant to Section 2903.13 of the Revised Code.
(Ord. No. 995-2000. Passed 12-4-00, eff. 12-13-00)
(a) No child between the ages of six and seventeen, inclusive, shall knowingly cause or attempt to cause physical harm to an official or employee of the Cleveland City School District or City of Cleveland while performing his or her official duties.
(b) Each parent or legal guardian of a child between the ages of six and seventeen, inclusive, shall have a duty to prohibit the child from behaving contrary to division (a) of this section. No person shall negligently fail to fulfill the duty imposed by this division.
(c) It shall be an affirmative defense to division (b) of this section that the parent or legal guardian:
(1) Initiated the jurisdiction of the Juvenile Court against the child prior to the time that the child was found violating division (a) of this section; or
(2) Can demonstrate based upon the records of the Cleveland City School District that they have been actively working with officials of the Cleveland City School District regarding the behavior of the child prior to the time that the child was found violating division (a) of this section.
(d) Any child who violates division (a) of this section is an unruly child and is subject to the jurisdiction of the Juvenile Court.
(e) Any school official or employee who has knowledge that a child between the ages of six and seventeen, inclusive, has caused or attempted to cause physical harm to an official or employee of the Cleveland City School District or City of Cleveland while performing his or her official duties shall immediately notify the Chief of Police or his designee and request the assistance of the Division of Police. This division (e) shall not apply to any school official or employee who has personal knowledge that the notification required by this division (e) has already been given with respect to a particular assault. The notification required by this division (e) shall be separate from and in addition to any notification regarding prohibited weapons required to be given pursuant to Section 627.082.
(f) Any person who violates division (b) or division (e) of this section is guilty of a misdemeanor of the first degree.
(Ord. No. 864-05. Passed 7-13-05, eff. 7-20-05)
(a) No person shall negligently, by means of a deadly weapon or dangerous ordnance as defined in Section 627.01 cause physical harm to another.
(b) Whoever violates this section is guilty of negligent assault, a misdemeanor of the third degree.
(RC 2903.14; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
(a) No person shall knowingly cause another to believe that the offender will cause serious physical harm to the person or property of such other person or member of his immediate family.
(b) Whoever violates this section is guilty of aggravated menacing, a misdemeanor of the first degree.
(RC 2903.21; Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)
(a) No person shall knowingly cause another to believe that the offender will cause physical harm to the person or property of such other person or member of his immediate family.
(b) Whoever violates this section is guilty of menacing, a misdemeanor of the fourth degree.
(RC 2903.22; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
(a) No person by engaging in a pattern of conduct shall knowingly cause another to believe that the offender will cause physical harm to the other person or cause mental distress to the other person.
(b) Whoever violates this section is guilty of menacing by stalking, a misdemeanor of the first degree.
(c) Section 2919.27 of the Revised Code applies in relation to a defendant charged with violation of this section.
(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. Actions or incidents that prevent, obstruct, or delay the performance by a public official, firefighter, rescuer, emergency medical services person, or emergency facility person of any authorized act within the public official's firefighter's, rescuer's, emergency medical services person's, or emergency facility person's official capacity may constitute a "pattern of conduct."
(2) "Mental distress" means any mental illness or condition that involves some temporary substantial incapacity or mental illness or condition that would normally require psychiatric treatment.
(3) "Emergency medical services person" is the singular of "emergency medical services personnel" as defined in Section 2133.21 of the Revised Code.
(4) "Emergency facility person" is the singular of "emergency facility personnel" as defined in Section 2909.04 of the Revised Code.
(5) "Public official" has the same meaning as in Section 2921.01 of the Revised Code.
(e) This section shall not apply whenever the conduct prohibited by this section constitutes a felony under Section 2903.211 of the Revised Code.
(RC 2903.211; Ord. No. 834-03. Passed 6-10-03, eff. 6-12-03)
Sections 621.06 and 621.07 do not apply if the victim of the offense is an officer or employee of a public children services agency or a private child placing agency and the offense relates to the officer's employee's performance or anticipated performance of official responsibilities or duties or, if the offender previously has been convicted of or pleaded guilty to an offense of violence, the victim of that prior offense was an officer or employee of a public children services agency or private child placing agency, and that prior offense related to the officer's or employee's performance or anticipated performance of official responsibilities or duties.
(RC 2903.214; Ord. No. 834-03. Passed 6-10-03, eff. 6-12-03)
(a) No person, without privilege to do so, shall knowingly restrain another of his liberty.
(b) Whoever violates this section is guilty of unlawful restraint, a misdemeanor of the third degree.
(RC 2905.03; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
(a) No person, with purpose to coerce another into taking or refraining from action concerning which he has a legal freedom of choice, shall do any of the following:
(1) Threaten to commit any offense;
(2) Utter or threaten any calumny against any person;
(3) Expose or threaten to expose any matter tending to subject any person to hatred, contempt or ridicule, or to damage his personal or business repute, or impair his credit;
(4) Institute or threaten criminal proceedings against any person;
(5) Take or withhold, or threaten to take or withhold official action, or cause or threaten to cause official action to be taken or withheld.
(b) Subsections (a)(4) and (5) hereof shall not be construed to prohibit a prosecutor or court from doing any of the following in good faith and in the interests of justice:
(1) Offering or agreeing to grant, or granting immunity from prosecution pursuant to RC 2945.44;
(2) In return for a plea of guilty to one or more offenses charged or to one or more other or lesser offenses, or in return for the testimony of the accused in a case to which he is not a party, offering or agreeing to dismiss, or dismissing one or more charges pending against an accused, or offering or agreeing to impose, or imposing a certain sentence or modification of sentence;
(3) Imposing probation on certain conditions, including without limitation requiring the offender to make restitution or redress to the victim of his offense.
(c) It is an affirmative defense to a charge under subsection (a)(3), (4) or (5) hereof that the actor's conduct was a reasonable response to the circumstances which occasioned it, and that his purpose was limited to:
(1) Compelling another to refrain from misconduct or to desist from further misconduct;
(2) Preventing or redressing a wrong or injustice;
(3) Preventing another from taking action for which the actor reasonably believed such other person to be disqualified;
(4) Compelling another to take action which the actor reasonably believed such other person to be under a duty to take.
(d) Whoever violates this section is guilty of coercion, a misdemeanor of the second degree.
(e) As used in this section, "threat" includes a direct threat and a threat by innuendo.
(RC 2905.12; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
(a) No person shall knowingly make or cause to be made a telephone call, or knowingly permit a telephone call to be made from a telephone under his control, to another if the caller does any of the following:
(1) Fails to identify himself to the recipient of the telephone call and makes the telephone call with purpose to harass, abuse or annoy any person at the premises to which the telephone call is made, whether or not conversation takes place during the telephone call;
(2) Describes, suggests, requests or proposes that the caller, recipient of the telephone call or any other person engage in any sexual activity as defined in Section 619.01, and the recipient of the telephone call or another person at the premises to which the telephone call is made, has requested, in a previous telephone call or in the immediate telephone call, the caller not to make a telephone call to the recipient of the telephone call or to the premises to which the telephone call is made;
(3) During the telephone call, violates Section 621.06;
(4) Knowingly states to the recipient of the telephone call that he intends to cause damage to or destroy public or private property, and the recipient of the telephone call, any member of the family of the recipient of the telephone call or any other person who resides at the premises to which the telephone call is made owns, leases, resides or works in, will at the time of the destruction or damaging be near or in, has the responsibility of protecting or insures the property that will be destroyed or damaged;
(5) Knowingly makes the telephone call to the recipient of the telephone call, to another person at the premises to which the telephone call is made, or to the premises to which the telephone call is made, and the recipient of the telephone call, or another person at the premises to which the telephone call is made, has previously told the caller not to call the premises to which the telephone call is made or not to call any persons at the premises to which the telephone call is made.
(b) No person shall make or cause to be made a telephone call or permit a telephone call to be made from a telephone under his control with purpose to abuse, threaten, annoy or harass another person.
(c) Whoever violates this section is guilty of telephone harassment, a misdemeanor of the first degree, if the offender has not previously been convicted of a violation of this section or RC 2917.21.
(RC 2917.21; Ord. No. 1414-86. Passed 11-3-86, eff. 11-5-86)
(a) No person shall, while communicating with any other person over a telephone, threaten to do bodily harm or use or address to such other person any words or language of a lewd, lascivious or indecent character, nature or connotation for the sole purpose of annoying such other person; nor shall any person telephone any other person repeatedly or cause any person to be telephoned repeatedly for the sole purpose of harassing or molesting such other person or his family.
Any use, communication or act prohibited by this section may be deemed to have occurred or to have been committed at either the place at which the telephone call was made or was received. (RC 4931.31)
(b) Whoever violates this section is guilty of threatening or harassing phone calls, a misdemeanor of the first degree.
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)
(a) No employee of another, who in the course and within the scope of his employment receives any confidential matter or information, shall knowingly, without the consent of his employer, furnish or disclose such matter or information to any person not privileged to acquire it. (RC 1333.81)
(b) Whoever violates this section is guilty of a misdemeanor of the first degree.
(RC 1333.99(F); Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
(a) No person, except as authorized by law, shall treat a human corpse in a way that he knows would outrage reasonable family sensibilities.
(b) Whoever violates this section is guilty of abuse of a corpse, a misdemeanor of the second degree.
(RC 2927.01; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
(a) As used in this section, "hazing" means doing any act or coercing another, including the victim, to do any act of initiation into any student or other organization that causes or creates a substantial risk of causing mental or physical harm to any person.
(b) (1) No person shall recklessly participate in the hazing of another.
(2) No administrator, employee, or faculty member of any primary, secondary, or post-secondary school or of any other educational institution, public or private, shall recklessly permit the hazing of any person.
(c) Whoever violates this section is guilty of hazing, a misdemeanor of the first degree.
(RC 2903.31; Ord. No. 542-90. Passed 3-19-90, eff. 3-22-90)