GENERAL PROVISIONS AND PENALTY

Codified Ordinances of Cleveland pt. SIX, tit. I, ch. 601

in effect

Codified Ordinances of Cleveland § 601.01 Definitions

§ 601.01 Definitions As used in the Codified Ordinances: (a) “Force” means any violence, compulsion or constraint physically exerted by any means upon or against a person or thing. (b) “Deadly force” means any force which carries a substantial risk that it will proximately result in the death of any person. (c) “Physical harm to persons” means any injury, illness or other physiological impairment, regardless of its gravity or duration. (d) “Physical harm to property” means any tangible or intangible damage to property which, in any degree, results in loss to its value or interferes with its use or enjoyment. “Physical harm to property” does not include wear and tear occasioned by normal use. (e) “Serious physical harm to persons” means any of the following: (1) Any mental illness or condition of such gravity as would normally require hospitalization or prolonged psychiatric treatment; (2) Any physical harm which carries a substantial risk of death; (3) Any physical harm which involves some permanent incapacity, whether partial or total, or which involves some temporary, substantial incapacity; (4) Any physical harm which involves some permanent disfigurement, or which involves some temporary, serious disfigurement; (5) Any physical harm which involves acute pain of such duration as to result in substantial suffering, or which involves any degree of prolonged or intractable pain. (f) “Serious physical harm to property” means any physical harm to property which does either of the following: (1) Results in substantial loss to the value of the property, or requires a substantial amount of time, effort or money to repair or replace; (2) Temporarily prevents the use or enjoyment of the property, or substantially interferes with its use and enjoyment for an extended period of time. (g) “Risk” means a significant possibility, as contrasted with a remote possibility, that a certain result may occur or that certain circumstances may exist. (h) “Substantial risk” means a strong possibility, as contrasted with a remote or significant possibility, that a certain result may occur or that certain circumstances may exist. (i) “Offense of violence” means any of the following: (1) A violation of Sections 605.01, 605.06, 621.03, 621.06, 621.07, 609.07, 623.01 and 627.02 of this General Offenses Code. (2) A violation of an existing or former municipal ordinance or law of this or any other state or the United States, substantially equivalent to any section listed in division (i)(1) of this section; (3) An offense, other than a traffic offense, under an existing or former municipal ordinance or law of this or any other state or the United States, committed, purposely or knowingly, and involving physical harm to persons or a risk of serious physical harm to persons; (4) A conspiracy or attempt to commit, or complicity in committing any offense under division (i)(1), (2) or (3) of this section. (j) (1) “Property” means any property, real or personal, tangible or intangible, and any interest or license in such property. “Property” includes, but is not limited to, cable television service, computer data, computer software, financial instruments associated with computers, and other documents associated with computers, or copies of the documents, whether in machine or human readable form. “Financial instruments associated with computers” include, but are not limited to, checks, drafts, warrants, money orders, notes of indebtedness, certificates of deposit, letters of credit, bills of credit or debit cards, financial transaction authorization mechanisms, marketable securities or any computer system representations of any of them. (2) As used in this division and division (m) of this section, “cable television service,” “computer,” “computer software,” “computer system,” “computer network” and “data” have the same meaning as in Section 625.01. (k) “Law enforcement officer” means any of the following: (1) A sheriff, deputy sheriff, constable, marshal, deputy marshal, municipal police officer, member of a police force employed by a metropolitan housing authority under RC 3735.31(D) or State highway patrolman; (2) An officer, agent or employee of the State or any of its agencies, instrumentalities or political subdivisions, upon whom, by statute, charter or ordinance, a duty to conserve the peace or to enforce all or certain laws is imposed and the authority to arrest violators is conferred, within the limits of such statutory duty and authority; (3) A mayor in his or her capacity as chief conservator of the peace within his or her municipal corporation; (4) A member of an auxiliary police force organized by county, township or municipal law enforcement authorities, within the scope of such member’s appointment or commission; (5) A person lawfully called pursuant to RC 311.07 to aid a sheriff in keeping the peace, for the purposes and during the time when such person is called; (6) A person appointed by a mayor pursuant to RC 737.01 as a special patrolman or officer during riot or emergency, for the purposes and during the time when such person is appointed; (7) A member of the organized militia of this State or the armed forces of the United States, lawfully called to duty to aid civil authorities in keeping the peace or protect against domestic violence; (8) A prosecuting attorney, assistant prosecuting attorney, secret service officer or municipal prosecutor. (9) An Ohio veterans’ home policeman appointed under RC 5907.02. (RC 2901.01(A) - (K); Ord. No. 2823-89. Passed 3-19-90, eff. 3-22-90)

Codified Ordinances of Cleveland § 601.02 Classification of Offenses

§ 601.02 Classification of Offenses As used in the General Offenses Code: (a) Offenses include misdemeanors of the first, second, third and fourth degree, minor misdemeanors and offenses not specifically classified. (b) Regardless of the penalty which may be imposed, any offense specifically classified as a misdemeanor is a misdemeanor. (c) Any offense not specifically classified is a misdemeanor if imprisonment for not more than one (1) year may be imposed as a penalty. (d) Any offense not specifically classified is a minor misdemeanor if the only penalty which may be imposed is a fine not exceeding one hundred dollars ($100.00). (RC 2901.02; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)

Codified Ordinances of Cleveland § 601.03 Common Law Offenses Abrogated

§ 601.03 Common Law Offenses Abrogated (a) No conduct constitutes a criminal offense against the City unless it is defined as an offense in the Codified Ordinances. (b) An offense is defined when one (1) or more sections of the Codified Ordinances state a positive prohibition or enjoin a specific duty, and provide a penalty for violation of such prohibition or failure to meet such duty. (RC 2901.03; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)

Codified Ordinances of Cleveland § 601.04 Rules of Construction

§ 601.04 Rules of Construction Sections of the General Offenses Code defining offenses or penalties shall be strictly construed against the City and liberally construed in favor of the accused. (RC 2901.04; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)

Codified Ordinances of Cleveland § 601.05 Limitation of Criminal Prosecution

§ 601.05 Limitation of Criminal Prosecution (a) Except as otherwise provided in this section, a prosecution shall be barred unless it is commenced within the following periods after an offense is committed: (1) For a misdemeanor other than a minor misdemeanor, two (2) years; (2) For a minor misdemeanor, six (6) months. (b) If the period of limitation provided in subsection (a) hereof has expired, prosecution shall be commenced for an offense of which an element is fraud or breach of a fiduciary duty, within one (1) year after discovery of the offense either by an aggrieved person, or by his or her legal representative who is not himself or herself a party to the offense. (c) If the period of limitation provided in subsection (a) hereof has expired, prosecution shall be commenced for an offense involving misconduct in office by a public servant as defined in Section 615.01, at any time while the accused remains a public servant, or within two (2) years thereafter. (d) An offense is committed when every element of the offense occurs. In the case of an offense of which an element is a continuing course of conduct, the period of limitation does not begin to run until such course of conduct or the accused’s accountability for it terminates, whichever occurs first. (e) A prosecution is commenced on the date an indictment is returned or an information filed, or on the date a lawful arrest without a warrant is made, or on the date a warrant, summons, citation or other process is issued, whichever occurs first. A prosecution is not commenced by the return of an indictment or the filing of an information unless reasonable diligence is exercised to issue and execute process on the same. A prosecution is not commenced upon issuance of a warrant, summons, citation or other process, unless reasonable diligence is exercised to execute the same. (f) The period of limitation shall not run during any time when the corpus delicti remains undiscovered. (g) The period of limitation shall not run during any time when the accused purposely avoids prosecution. Proof that the accused absented himself or herself from this State or concealed his or her identity or whereabouts is prima facie evidence of his or her purpose to avoid prosecution. (h) The period of limitation shall not run during any time a prosecution against the accused based on the same conduct is pending in this State, even though the indictment, information, or process which commenced the prosecution is quashed or the proceedings thereon are set aside or reversed on appeal. (RC 2901.13; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)

Codified Ordinances of Cleveland § 601.06 Requirements for Criminal Liability

§ 601.06 Requirements for Criminal Liability (a) Except as provided in subsection (b) hereof, a person is not guilty of an offense unless both of the following apply: (1) His or her liability is based on conduct which includes either a voluntary act, or an omission to perform an act or duty which he or she is capable of performing; (2) He or she has the requisite degree of culpability for each element as to which a culpable mental state is specified by the section defining the offense. (b) When the section defining an offense does not specify any degree of culpability, and plainly indicates a purpose to impose strict criminal liability for the conduct described in such section, then culpability is not required for a person to be guilty of the offense. When the section neither specifies culpability nor plainly indicates a purpose to impose strict liability, recklessness is sufficient culpability to commit the offense. (c) As used in this section: (1) Possession is a voluntary act if the possessor knowingly procured or received the thing possessed, or was aware of his or her control thereof for a sufficient time to have ended his or her possession. (2) Reflexes, convulsions, body movements during unconsciousness or sleep, and body movements that are not otherwise a product of the actor’s volition, are involuntary acts. (3) “Culpability” means purpose, knowledge, recklessness or negligence, as defined in Section 601.07, or any other specific mental state required by any section of this Code. (RC 2901.21; Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)

Codified Ordinances of Cleveland § 601.07 Culpable Mental States

§ 601.07 Culpable Mental States (a) A person acts purposely when it is his or her specific intention to cause a certain result, or when the gist of the offense is a prohibition against conduct of a certain nature, regardless of what the offender intends to accomplish thereby, it is his or her specific intention to engage in conduct of that nature. (b) A person acts knowingly, regardless of his or her purpose, when he or she is aware that his or her conduct will probably cause a certain result or will probably be of a certain nature. A person has knowledge of circumstances when he or she is aware that such circumstances probably exist. (c) A person acts recklessly when, with heedless indifference to the consequences, he or she perversely disregards a known risk that his or her conduct is likely to cause a certain result or is likely to be of a certain nature. A person is reckless with respect to circumstances when, with heedless indifference to the consequences, he or she perversely disregards a known risk that such circumstances are likely to exist. (d) A person acts negligently when, because of a substantial lapse from due care, he or she fails to perceive or avoid a risk that his or her conduct may cause a certain result or may be of a certain nature. A person is negligent with respect to circumstances when, because of a substantial lapse from due care, he or she fails to perceive or avoid a risk that such circumstances may exist. (e) When the section defining an offense provides that negligence suffices to establish an element thereof, then recklessness, knowledge or purpose is also sufficient culpability for such element. When recklessness suffices to establish an element of an offense, then knowledge or purpose is also sufficient culpability for such element. When knowledge suffices to establish an element of an offense, then purpose is also sufficient culpability for such element. (RC 2901.22; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)

Codified Ordinances of Cleveland § 601.08 Attempt

§ 601.08 Attempt (a) No person, purposely or knowingly, and when purpose or knowledge is sufficient culpability for the commission of an offense, shall engage in conduct which, if successful, would constitute or result in the offense. (b) It is no defense to a charge under this section that, in retrospect, commission of the offense which was the object of the attempt was either factually or legally impossible under the attendant circumstances, if that offense could have been committed had the attendant circumstances been as the actor believed them to be. (c) No person who is convicted of committing a specific offense, of complicity in the commission of an offense, or of conspiracy to commit an offense shall be convicted of an attempt to commit the same offense in violation of this section. (d) It is an affirmative defense to a charge under this section that the actor abandoned his or her effort to commit the offense or otherwise prevented its commission, under circumstances manifesting a complete and voluntary renunciation of his or her criminal purpose. (e) Whoever violates this section is guilty of an attempt to commit an offense. An attempt to commit any misdemeanor is a misdemeanor of the next lesser degree than the misdemeanor attempted. In the case of an attempt to commit an offense other than a violation of RC Chapter 3734 that is not specifically classified, an attempt is a misdemeanor of the first degree if the offense attempted is a felony under the Ohio Revised Code, and a misdemeanor of the fourth degree if the offense attempted is a misdemeanor. An attempt to commit a minor misdemeanor, or to engage in conspiracy, is not an offense under this section. (RC 2923.02; Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)

Codified Ordinances of Cleveland § 601.09 Complicity

§ 601.09 Complicity (a) No person, acting with the kind of culpability required for the commission of an offense, shall do any of the following: (1) Solicit or procure another to commit the offense; (2) Aid or abet another in committing the offense; (3) Conspire with another to commit the offense in violation of RC 2923.01; (4) Cause an innocent or irresponsible person to commit the offense. (b) It is no defense to a charge under this section that no person with whom the accused was in complicity has been convicted as a principal offender. (c) No person shall be convicted of complicity under this section unless an offense is actually committed, but a person may be convicted of complicity in an attempt to commit an offense in violation of Section 601.08. (d) If an alleged accomplice of the defendant testifies against the defendant in a case in which the defendant is charged with complicity in the commission of or an attempt to commit an offense, an attempt to commit an offense, or an offense, the court, when it charges the jury, shall state substantially the following: “The testimony of an accomplice does not become inadmissible because of his or her complicity, moral turpitude, or self-interest, but the admitted or claimed complicity of a witness may affect his or her credibility and make his or her testimony subject to grave suspicion, and require that it be weighed with great caution.” “It is for you, as jurors, in the light of all the facts presented to you from the witness stand, to evaluate such testimony and to determine its quality and worth or its lack of quality and worth.” (e) It is an affirmative defense to a charge under this section that, prior to the commission of or attempt to commit the offense, the actor terminated his or her complicity, under circumstances manifesting a complete and voluntary renunciation of his or her criminal purpose. (f) Whoever violates this section is guilty of complicity in the commission of an offense, and shall be prosecuted and punished as if he or she were a principal offender. A charge of complicity may be stated in terms of this section, or in terms of the principal offense. (RC 2923.03; Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)

Codified Ordinances of Cleveland § 601.10 Organizational Criminal Liability

§ 601.10 Organizational Criminal Liability (a) An organization may be convicted of an offense under any of the following circumstances: (1) The offense is a minor misdemeanor committed by an officer, agent or employee of the organization acting in its behalf and within the scope of his or her office or employment, except that if the section defining the offense designates the officers, agents or employees for whose conduct the organization is accountable or the circumstances under which it is accountable, such provisions shall apply; (2) A purpose to impose organizational liability plainly appears in the section defining the offense, and the offense is committed by an officer, agent or employee of the organization acting in its behalf and within the scope of his or her office or employment, except that if the section defining the offense designates the officers, agents or employees for whose conduct the organization is accountable or the circumstances under which it is accountable, such provisions shall apply; (3) The offense consists of an omission to discharge a specific duty imposed by law on the organization; (4) If, acting with the kind of culpability otherwise required for the commission of the offense, its commission was authorized, requested, commanded, tolerated or performed by the board of directors, trustees, partners or by a high managerial officer, agent, or employee acting in behalf of the organization and within the scope of his or her office or employment. (b) When strict liability is imposed for the commission of an offense, a purpose to impose organizational liability shall be presumed, unless the contrary plainly appears. (c) In a prosecution of an organization for an offense other than one for which strict liability is imposed, it is a defense that the high managerial officer, agent or employee having supervisory responsibility over the subject matter of the offense exercised due diligence to prevent its commission. This defense is not available if it plainly appears inconsistent with the purpose of the section defining the offense. (d) As used in this section, “organization” means a corporation for profit or not for profit, partnership, limited partnership, joint venture, unincorporated association, estate, trust or other commercial or legal entity. “Organization” does not include an entity organized as or by a governmental agency for the execution of a governmental program. (RC 2901.23; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)

Codified Ordinances of Cleveland § 601.11 Personal Accountability for Organizational Conduct

§ 601.11 Personal Accountability for Organizational Conduct (a) An officer, agent or employee of an organization as defined in Section 601.10 may be prosecuted for an offense committed by such organization, if he or she acts with the kind of culpability required for the commission of the offense, and any of the following apply: (1) In the name of the organization or in its behalf, he or she engages in conduct constituting the offense, or causes another to engage in such conduct, or tolerates such conduct when it is of a type for which he or she has direct responsibility; (2) He or she has primary responsibility to discharge a duty imposed on the organization by law, and such duty is not discharged. (b) When a person is convicted of an offense by reason of this section, he or she is subject to the same penalty as if he or she had acted in his or her own behalf. (RC 2901.24; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)

Codified Ordinances of Cleveland § 601.12 Repeat and Dangerous Offenders

§ 601.12 Repeat and Dangerous Offenders As used in Section 601.13: (a) “Repeat offender” means a person who has a history of persistent criminal activity, and whose character and condition reveal a substantial risk that he or she will commit another offense. It is prima facie evidence that a person is a repeat offender if any of the following apply: (1) Having been convicted of one (1) or more offenses of violence, as defined in RC 2901.01 and Section 601.01(i), and having been imprisoned pursuant to sentence for any such offense, he or she commits a subsequent offense of violence; (2) Having been convicted of one (1) or more sex offenses as defined in RC 2950.01 or Section 619.01, and having been imprisoned pursuant to sentence for any such offense, he or she commits a subsequent sex offense; (3) Having been convicted of one (1) or more theft offenses as defined in RC 2913.01 or Section 625.01, and having been imprisoned pursuant to sentence for any such offense, he or she commits a subsequent theft offense; (4) Having been convicted of one (1) or more felony drug abuse offenses as defined in RC Chapter 2925, and having been imprisoned pursuant to sentence for any such offense, he or she commits a subsequent felony drug abuse offense; (5) Having been convicted of two (2) or more felonies, and having been imprisoned pursuant to sentence for any such offense, he or she commits a subsequent offense; (6) Having been convicted of three (3) or more offenses of any type or degree other than traffic offenses, alcoholic intoxication offenses or minor misdemeanors, and having been imprisoned pursuant to sentence for any such offense, he or she commits a subsequent offense. (b) “Dangerous offender” means a person who has committed an offense, whose history, character, and condition reveal a substantial risk that he or she will be a danger to others, and whose conduct has been characterized by a pattern of repetitive, compulsive, or aggressive behavior with heedless indifference to the consequences. (c) “Actual incarceration” means that an offender is required to be imprisoned for the stated period of time to which he or she is sentenced that is specified as a term of actual incarceration. If a person is sentenced to a term of actual incarceration, the court shall not suspend his or her term of actual incarceration, and shall not grant him or her probation or shock probation, pursuant to RC 2929.51, 2947.061, 2951.02, or 2951.04, and the department of rehabilitation and correction or the adult parole authority shall not, pursuant to RC Chapter 2967 its rules adopted pursuant to RC Chapter 2967, 5120, or 5149, grant him or her a furlough for employment or education, a furlough for being a trustworthy prisoner other than a furlough pursuant to division (A)(1)(a) or (b) of RC 2967.27, parole, emergency parole, or shock parole until after the expiration of his or her term of actual incarceration, diminished as provided in RC 2967.19, 2967.193, and 5145.11. An offender who is sentenced to a term of actual incarceration may be transferred from an institution operated by the department of rehabilitation and correction to the custody of the department of mental health or the department of mental retardation and developmental disabilities, as provided in RC 5120.17, and shall be credited with all time served in the custody of the department of mental health or the department of mental retardation and developmental disabilities against the term of actual incarceration. (d) “Deadly weapon” has the same meaning as in Section 627.01. (RC 2929.01; Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)

Codified Ordinances of Cleveland § 601.13 Considerations for Imposing Penalties

§ 601.13 Considerations for Imposing Penalties (a) In determining whether to impose imprisonment or a fine, or both, for a misdemeanor, and in determining the term of imprisonment and the amount and method of payment of a fine, the court shall consider the risk that the offender will commit another offense and the need for protecting the public from the risk; the nature and circumstances of the offense; the history, character, and condition of the offender and his or her need for correctional or rehabilitative treatment; any statement made by the victim, if the offense is a misdemeanor specified in division (A) of RC 2930.01; and the ability and resources of the offender and the nature of the burden that payment of a fine will impose on him or her. (b) The following do not control the court’s discretion, but shall be considered in favor of imposing imprisonment for a misdemeanor: (1) The offender is a repeat or dangerous offender; (2) Regardless of whether or not the offender knew the age of the victim, the victim of the offense was sixty-five (65) years of age or older, permanently and totally disabled, or less than eighteen (18) years of age at the time of the commission of the offense. (c) The following do not control the court’s discretion, but shall be considered against imposing imprisonment for a misdemeanor: (1) The offense neither caused nor threatened serious physical harm to persons or property, or the offender did not contemplate that it would so do; (2) The offense was the result of circumstances unlikely to recur; (3) The victim of the offense induced or facilitated it; (4) There are substantial grounds tending to excuse or justify the offense, though failing to establish a defense; (5) The offender acted under strong provocation; (6) The offender has no history of prior delinquency or criminal activity, or has led a law- abiding life for a substantial time before commission of the present offense; (7) The offender is likely to respond quickly to correctional or rehabilitative treatment. (d) The criteria listed in subsections (b) and (c) hereof shall not be construed to limit the matters which may be considered in determining whether to impose imprisonment for a misdemeanor. (e) The court shall not impose a fine in addition to imprisonment for a misdemeanor, unless a fine is specially adapted to deterrence of the offense or the correction of the offender, the offense has proximately resulted in physical harm to the person or property of another, or the offense was committed for hire or for purpose of gain. (f) The court shall not impose a fine or fines which, in the aggregate and to the extent not suspended by the court, exceeds the amount which the offender is or will be able to pay by the method and within the time allowed without undue hardship to himself or herself or his or her dependents, or will prevent him or her from making restitution or reparation to the victim of his or her offense. (g) At the time of sentencing or as soon as possible after sentencing, the court shall notify the victim of the offense of his or her right to file an application for an award of reparations pursuant to RC 2743.51 to 2743.72. (RC 2929.22; Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)

Codified Ordinances of Cleveland § 601.14 Disposition of Property Held by the Division of Police

§ 601.14 Disposition of Property Held by the Division of Police (a) Any property, other than contraband that is subject to the provisions of RC 2933.43 and other than property that has been lawfully seized in relation to a violation of RC 2933.42 or forfeited pursuant to federal law and required to be used for law enforcement purposes, that has been lost, abandoned, stolen or lawfully seized or forfeited, and that is in the custody of the Division of Police, shall be safely kept pending the time it is no longer needed as evidence, and disposed of pursuant to this section. (b) The Division shall make a reasonable effort to locate the persons entitled to possession of property in its custody, and to notify them when and where it may be claimed. In the absence of evidence identifying persons entitled to custody, it is sufficient notice to advertise in a newspaper of general circulation in the County, briefly describing the nature of the property in custody and inviting persons to view and establish their right to view and establish their right to it. (c) A person loses any right he or she may have to possession of property if either of the following apply: (1) Which was the subject, or was used in a conspiracy or attempt to commit, or the commission of an offense other than a traffic offense, and such person is a conspirator, accomplice or offender with respect to the offense; (2) When a court determines that the property should be forfeited because, in light of the nature of the property or the circumstances of such person, it is unlawful for him or her to acquire or possess it. (d) Unclaimed and forfeited property in the custody of the Division, other than contraband that is subject to the provisions of RC 2933.43 and other property that has been lawfully seized in relation to a violation of RC 2923.32, shall be disposed of as follows: (1) Drugs shall be destroyed, or placed in custody of the Secretary of the Treasury of the United States, for disposal or use for medical or scientific purposes under applicable Federal law; (2) Firearms and dangerous ordinances so seized and remaining unclaimed shall be destroyed after ninety (90) days from date of notice given pursuant to division (b) of this section. Proper records shall be kept listing type, serial number and date of destruction. Records shall be open to public inspection; (3) Obscene materials shall be destroyed; (4) Other unclaimed or forfeited property shall be sold at public auction, subject to the provisions of division (a) of this section, held no less than thirty (30) days from the date of the newspaper notice provided for in division (b) of this section, except that forfeited property, excluding money but including motor vehicles, notwithstanding division (f) of this section, may be retained by the Division of Police, if the Chief of Police determines that it is suitable for use in the work of the Division of Police. (e) The proceeds from property disposed of pursuant to this section shall be placed in the General Fund of the City. (f) This section does not apply to the collection, storage or disposal of abandoned junk motor vehicles. (Ord. No. 970-88. Passed 6-6-88, eff. 6-9-88)

Codified Ordinances of Cleveland § 601.15 Inspection of Vehicles for the Purpose of Locating Stolen Motor Vehicles and/or Stolen Parts

§ 601.15 Inspection of Vehicles for the Purpose of Locating Stolen Motor Vehicles and/or Stolen Parts (a) For the purpose of locating stolen motor vehicles and/or stolen motor vehicle parts, the Chief of Police, or his or her authorized representative, may inspect any motor vehicle, as defined in RC 4501.01 and may inspect any motor vehicle part that has been marked with an identifying number by the manufacturer, situated in the City of Cleveland in any public garage, community garage, storage garage, service garage, repair shop, parking lot, auto sales lot, vehicle leasing or rental lot, motor vehicle salvage facility, scrap metal processing facility, auto wrecking yard, junk yard, or other similar establishment, and may inspect the title, registration, vehicle identification number, or license plates of the vehicle in order to establish the rightful ownership or possession of the vehicle or vehicle part. (b) For the purpose of locating a stolen vehicle, the Chief of Police, or his or her authorized representative, may inspect implements of husbandry and construction equipment in places described in division (a) of this section. (c) Whenever possible, inspections conducted pursuant to division (a) or (b) of this section shall be conducted at a time and in a manner so as to minimize any interference with, or delay of, business operations. (d) No person, without privilege to do so and with purpose to prevent, obstruct, or delay the performance of a police officer from inspecting any place described in division (a), shall do any act which hampers or impedes a police officer from making an inspection pursuant to this section. Whoever violates this section is guilty of obstructing vehicle inspections, a misdemeanor of the second degree. (Ord. No. 137-86. Passed 1-13-86, eff. 1-16-86)

Codified Ordinances of Cleveland § 601.061 Strict Criminal Liability in Building Code, Housing Code, Health Code, and Fire Prevention Code Offenses

§ 601.061 Strict Criminal Liability in Building Code, Housing Code, Health Code, and Fire Prevention Code Offenses Notwithstanding any other section of the Codified Ordinances, when any section of the Building Code, Housing Code, Health Code, or Fire Prevention Code defining an offense does not specify any degree of culpability, then strict criminal liability shall apply and culpability is not required for the person to be guilty of the offense. (Ord. No. 1039-2023. Passed 2-5-24, eff. 2-6-24)

Codified Ordinances of Cleveland § 601.99 Penalties for Misdemeanors

§ 601.99 Penalties for Misdemeanors (a) Whoever is convicted of or pleads guilty to a misdemeanor as classified in the Codified Ordinances (the “offender”), other than a minor misdemeanor, shall be imprisoned for a definite term or fined, or both, which term of imprisonment and fine shall be fixed by the court as provided in this section. Whoever is convicted of or pleads guilty to committing, attempting to commit, or complicity in committing a violation of Section 623.01 that is a misdemeanor, or a violation of division (a)(2) of Section 623.02 when the means used are fire or explosion, shall be required to reimburse agencies for their investigation or prosecution costs in accordance with RC 2929.28. Misdemeanor Classification | Maximum Imprisonment Term | Maximum Fine 1st degree | 6 months | $1,000.00 2nd degree | 90 days | $750.00 3rd degree | 60 days | $500.00 4th degree | 30 days | $250.00 Minor | No imprisonment | $150.00 (RC 2929.21) (b) Notwithstanding the provisions of division (a) of this section, if the sentencing court determines that the victim of an offense set forth in Section 619.04, 621.03, 621.06, 621.07, 621.09, 621.10, 621.11, 623.01, 623.02, 623.03, 623.04, 625.05, 625.07, 625.12, 625.17, 625.20 or 625.26 of these Codified Ordinances was sixty (60) years of age or older at the time of the commission of the offense: (1) In the case of offenses which are classified misdemeanors of the first degree, the court shall set the offender’s fine at one thousand dollars ($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; (2) In the case of offenses which are classified minor misdemeanors or misdemeanors of the second, third or fourth degree, the penalty for the offense shall be the next greater degree of misdemeanor than that which is set forth in the section defining the offense. A. In the case of offenses which become misdemeanors of the first degree pursuant to this division, the court shall set the offender’s fine at not less than seven hundred fifty dollars ($750.00) and, in addition to said fine, shall sentence the offender to not less than sixty (60) days imprisonment. B. In the case of offenses which become misdemeanors of the second degree pursuant to this division, the court shall set the offender’s fine at not less than five hundred dollars ($500.00) and, in addition to said fine, shall sentence the offender to not less than thirty (30) days’ imprisonment. C. In the cases of offenses which become misdemeanors of the third degree pursuant to this division, the court shall set the offender’s fine at not less than two hundred fifty dollars ($250.00) and, in addition to said fine, shall sentence the offender to not less than fifteen (15) days’ imprisonment. D. In the case of offenses which become misdemeanors of the fourth degree pursuant to this division, the court shall set the offender’s fine at not less than one hundred dollars ($100.00) and, in addition to said fine, shall sentence the offender to not less than ten (10) days’ imprisonment. (3) Where applicable, the court may require the offender to make restitution for all or part of the property damage that is caused by his or her offense and for all or part of the value of the property that is the subject of any theft offense; (4) The minimum fines and imprisonment to be imposed by the court pursuant to divisions (b)(1) and (b)(2) of this section are mandatory. The court shall not suspend all or any portion of said minimum fines and imprisonment. (c) Regardless of the penalties provided in division (a) of this section, an organization convicted of an offense pursuant to Section 601.10 shall be fined, which fine shall be fixed by the court as follows: Type of Misdemeanor | Maximum Fine Type of Misdemeanor | Maximum Fine 1st degree | $5,000.00 2nd degree | $4,000.00 3rd degree | $3,000.00 4th degree | $2,000.00 Minor | $1,000.00 Misdemeanor not specifically classified | $2,000.00 Minor misdemeanor not specifically classified | $1,000.00 (1) When an organization is convicted of an offense not specifically classified, and the section defining the offense or penalty plainly indicates a purpose to impose the penalty provided for violation upon organizations, then such penalty shall be imposed in lieu of the penalty provided in this division (c); (2) When an organization is convicted of an offense not specifically classified, and the penalty provided includes a higher fine than that provided in this division (c), then the penalty imposed shall be pursuant to the penalty provided for violation of the section defining the offense; (3) This division (c) does not prevent the imposition of available civil sanctions against an organization convicted of an offense pursuant to Section 601.10, either in addition to or in lieu of a fine imposed pursuant to this division (c). (RC 2929.31; Ord. No. 486-04. Passed 10-11-04, eff. 10-13-04)

Source: City of Cleveland, Ohio, Codified Ordinances and City Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/cleveland/latest/cleveland_oh/0-0-0-30765Fetched: 11/1/2026