ORDINANCE NO.

____________________

AN ORDINANCE AMENDING AND SUPPLEMENTING THE CODIFIED ORDINANCES OF THE CITY

OF HAMILTON, OHIO BY ADDING CHAPTER 511, UNMANNED AERIAL VEHICLES AND
UNMANNED AIRCRAFT SYSTEMS, ADDING SECTION 501.98, SEVERABILITY, AND AMENDING
SECTIONS 533.01, DEFINITIONS; 533.06, VOYEURISM; 537.051, MENACING BY STALKING; 541.05,
CRIMINAL TRESPASS; AND 541.051, AGGRAVATED TRESPASS.

WHEREAS, at the August 11, 2021 City Council meeting, concerns over residents being
harassed with unmanned aircraft vehicles (UAV), commonly referred to as drones, were discussed during
Audience of Citizens; and

WHEREAS, this Council deems it necessary to regulate certain drone activity to protect the
privacy and well-being of City residents; and

WHEREAS, to accomplish the aforesaid it is necessary to supplement the City’s Codified

Ordinances by adding thereto new Chapter 511 – Unmanned Aerial Vehicles and Unmanned Aircraft
Systems and Section 501.98 – Severability, as well as, amending Sections 533.01 – Definitions, 533.06 –
Voyeurism, 537.051 - Menacing by Stalking, 541.05 - Criminal Trespass, and 541.051 - Aggravated
Trespass; and

WHEREAS, this Council desires that said Chapter 511 and Section 501.98 be added to the
Codified Ordinances; and

WHEREAS, this Council desires that Sections 533.01, 533.06, 537.051, 541.05, and 541.051 be
amended and that said existing sections prior to such amendment be repealed; and

NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Hamilton, Ohio:

SECTION I: That Part Five- General Offenses Code of the Codified Ordinances of the City
of Hamilton, Ohio, are hereby supplemented and amended by adding thereto new Chapter 511 –
Unmanned Aerial Vehicles and Unmanned Aircraft Systems and new Section 501.98 – Severability, as
well as, amending Sections 533.01 – Definitions, 533.06 – Voyeurism, 537.051 - Menacing by Stalking,
541.05 - Criminal Trespass, and 541.051 - Aggravated Trespass to be and read substantially in the form of
Exhibit No. 1, attached hereto, made part hereof and incorporated herein by reference; and

SECTION II: That Sections 533.01 – Definitions, 533.06 – Voyeurism, 537.051 - Menacing
by Stalking, 541.05 - Criminal Trespass, and 541.051 - Aggravated Trespass of the Codified Ordinances
of the City of Hamilton, Ohio, as they existed prior to this amendment be and the same is hereby
repealed.

SECTION III: That this ordinance shall take effect and be in full force from and after the
earliest period allowed by law.

PASSED: ___________________________ ___________________________

Mayor
Effective Date: _______________________

ATTEST: ___________________________
City Clerk

CERTIFICATE

I, Daniel Tidyman, City Clerk of the City of Hamilton, Butler County, Ohio, hereby certify that the foregoing
Ordinance No. __________________________ was duly published as provided by Section 113.01 of the
Codified Ordinances of the City of Hamilton, Ohio, by posting ten days after passage, a copy thereof in the
lobby of City Hall for a period of ten days. POSTED: _____________________________

________________________
Daniel Tidyman, City Clerk
Ordinance No. ___________________ (cont’d)

CITY OF HAMILTON, OHIO

Exhibit No. 1

PART FIVE - GENERAL OFFENSES CODE

      
Chap.  501.     General Provisions and Penalty.
Chap.  505.     Animals and Fowl.
      Chap.  507.     Cigarettes and Other Tobacco Products.
      Chap.  509.     Disorderly Conduct and Peace Disturbance.
Chap. 511. Unmanned Aerial Vehicles and Unmanned Aircraft Systems.
      Chap.  513.     Drug Abuse Control.
      Chap.  515.     Fair Housing.
      Chap.  517.     Gambling.
      Chap.  521.     Health, Safety and Sanitation.
      Chap.  525.     Law Enforcement and Public Office.
      Chap.  529.     Liquor Control.
      Chap.  531.     Minor's Curfew.
      Chap.  533.     Obscenity and Sex Offenses.
      Chap.  537.     Offenses Against Persons.
      Chap.  539.     Professional Strikebreakers.
      Chap.  541.     Property Offenses.
      Chap.  543.   Chronic Nuisance Premises.
      Chap.  545.     Theft and Fraud.
      Chap.  549.     Weapons and Explosives.
      Chap.  553.     Railroads.

CHAPTER 501
General Provisions and Penalty
501.01   Definitions.
501.02   Classification of offenses.
501.03   Common law offenses abrogated.
501.04   Rules of construction.
501.05   Criminal law jurisdiction.
501.06   Limitation of criminal prosecution.
501.07   Requirements for criminal liability.
501.08   Culpable mental states.
501.09   Attempt.
501.10   Complicity.
501.11   Organizational criminal liability.
501.12   Personal accountability for organizational conduct.
501.13   Conspiracy.
501.98 Severability.
501.99   Penalties for misdemeanors.

501.98  SEVERABILITY.
 In the event that any provision set forth in any chapter herein is determined to be unconstitutional or
otherwise unenforceable, the remainder of this Part Five –GENERAL OFFENSES shall remain in full force
and effect
Ordinance No. ___________________ (cont’d)

PART FIVE – GENERAL OFFENSES CODE

CHAPTER 511 – Unmanned Aerial Vehicles and Unmanned Aircraft Systems

511.01 Definitions.
511.02 Purpose and Intent.
511.03 Restrictions.
511.04 Exemptions.
511.05 Violation; Penalties.

511.01 DEFINITIONS.
As used in this chapter:
(a) “Aircraft” means any contrivance invented, used, or designed to navigate, or fly in the air. (49
U.S.C. §40102).
(b) “Unmanned Aircraft” or “UA” means an aircraft operated without the possibility of direct human
intervention from within or on the aircraft, weighing more than fifty-five hundredths (0.55) pounds
on takeoff, including everything that is on board or otherwise attached to the aircraft.
(c) “Unmanned Aerial Vehicle” or “UAV” or “Drone” means a powered, unmanned aircraft or aerial
vehicle to which all of the following apply:
(1) The vehicle does not carry a human operator and is operated without the possibility of
direct human intervention from within or on the vehicle.
(2) The vehicle uses aerodynamic forces to provide lift.
(3) The vehicle can fly autonomously or be piloted remotely.
“Unmanned Aerial Vehicle” is commonly referred to as a drone and does not include a satellite.
(d) “Unmanned Aircraft System” or “UAS” means an unmanned aircraft and its associated elements
(including communication links and the components that control the unmanned aircraft) that are
required for the safe and efficient operation of the unmanned aircraft in the National Airspace
System.
(e) “Surveillance” means the gathering, without permission and in a manner that is offensive to a
reasonable person, of visual images, physical impressions, audio (sound) recordings, data or
other information involving the private, personal, business or familiar activities of another person,
business or entity, or that otherwise intrudes upon the privacy, solitude or seclusion of another
person, business or entity, regardless of whether a physical trespass onto real property owned,
leased or otherwise lawfully occupied by such other person, business or other entity, occurs in
connection with such surveillance.

511.02 PUPROSE AND INTENT.

This chapter is intended to promote public safety. In consideration of this concern, the City of Hamilton is
restricting the use of UAVs or UASs in certain areas. It is not intended to restrict legitimate hobbyists
operating an unmanned aerial vehicle or an unmanned aircraft system in compliance with Federal Aviation
Administration (FAA) rules and regulations. This chapter is not intended to preempt FAA rules and
regulations, but to operate in conjunction with those rules to promote public safety while recognizing the
limitations in the FAA’s enforcement capabilities.

511.03 RESTRICTIONS.
(a) Anyone who launches, operates, or causes to be launched or operated, any unmanned aerial
vehicle or unmanned aircraft system within the limits of the Hamilton, Ohio, must be able to
present, immediately upon request by any member of the police or fire force, a current Certificate
of aircraft registration issued by the Federal Aviation Administration for the unmanned aircraft
system.
(b) No person shall launch, operate, or cause to be launched or operated, any unmanned aerial
vehicle or unmanned aircraft system in any airspace within or over any area of the City of
Ordinance No. ___________________ (cont’d)

Hamilton that the Federal Aviation Administration determines to be a restricted area, either by
way of a Notice to Airmen (NOTAM), Temporary Flight Restriction, No Drone Zone, or other
means.
(1) This section shall not apply to any person who has previous approval from the Federal
Aviation Administration to operate a UAS in a restricted area and is complying with all
terms and conditions of their approval.
(c) No person shall launch, operate, or cause to be launched or operated, any unmanned aerial
vehicle or unmanned aircraft system over any property in a manner that causes direct and
immediate interference with the use or enjoyment of that property.
(d) No person shall launch, operate, or cause to be launched or operated, any unmanned aerial
vehicle or unmanned aircraft system to invade the privacy of another’s home, office, enclosed
space, or the private space of another.
(e) No person shall launch, operate, or cause to be launched or operated, any unmanned aerial
vehicle or unmanned aircraft system in a manner that recklessly, carelessly, or negligently
endangers persons, wildlife, or property or in a manner that harasses, disturbs, intimidates,
annoys or threatens persons or wildlife, or creates a public nuisance.
(f) No person shall launch or land an unmanned aerial vehicle or unmanned aircraft system in any
public park, municipal building, or any other property owned by the City of Hamilton.
(1) This section shall not apply to any person who has been authorized by the Executive
Director of Public Safety, Chief of Police, or their designees.
(g) No person or entity shall use an unmanned aircraft system to record audio or an image of any
City owned property or any privately owned real property or of the owner, tenant, occupant,
invitee, or licensee of such property with the intent to conduct surveillance on the individual or
property captured in the image in violation of such person’s reasonable expectation of privacy
without his or her written consent.
(h) No person shall use an unmanned aerial vehicle or unmanned aircraft system over any active
emergency scene. An active emergency scene shall include an active crime scene, a property or
location to which the Fire Department or Police Department is responding to an accident or fire,
or other emergency situation, or a property or location to which Emergency Medical Services is
responding to an incident.
(i) No person shall launch, operate, or cause to be launched or operated, any unmanned aerial
vehicle or unmanned aircraft system in violation of a Certificate of Waiver or Authorization issued
by the FAA, if so applicable, which Certificate may pertain to operation beyond the line of sight,
operation over people, operation at night, or any other category of operation for which a
Certificate of Waiver is required.
(j) No person shall launch, operate, or cause to be launched or operated, any unmanned aerial
vehicle or unmanned aircraft system in violation of any federal or state law, or any ordinance of
the City of Hamilton, Ohio.
511.04 EXEMPTIONS.
(a) This ordinance shall not prohibit or restrict the use of UAVs or UASs by any Governmental
Agency of the City of Hamilton or any State or Federal Government Agency for lawful purposes
and in a lawful manner.
(b) This ordinance shall not prohibit or restrict the use of UAVs or UASs by the Hamilton Parks
Conservancy, the Hamilton City School District Board of Education, and Hamilton Community
Cablevision, commonly referred to as TVHamilton, when used for normal operations of such
entities and in a lawful manner.
511.05 VIOLATION; PENALTIES.
(a) Whoever violates Section 511.03(a) of this Chapter is guilty of a minor misdemeanor on the first
offense, a misdemeanor of the fourth degree on the second and any subsequent offense.
(b) Whoever violates Sections 511.03(b)- (j) of this Chapter is guilty of a misdemeanor of the fourth
degree on the first offense, a misdemeanor of the third degree on the second offense, and a
misdemeanor of the second degree on the third and any subsequent offense. A separate offense
shall be deemed committed each day during or on which a violation occurs or continues. The
penalty provided herein shall be cumulative of other remedies provided by the law.
(c) All violations may also be reviewed for other possible violations and penalties of City of
Hamilton’s ordinances.
Ordinance No. ___________________ (cont’d)

(d) All violations may also be forwarded to the Federal Aviation Administration and reviewed for
possible violations of federal civil and criminal statutes.

CHAPTER 533
Obscenity and Sex Offenses

533.01   Definitions.
533.02   Presumption of knowledge; actual notice and defense.
533.03   Unlawful sexual conduct with a minor.
533.04   Sexual imposition.
533.05   Importuning.
533.06   Voyeurism.
533.07   Public indecency.
533.08   Procuring.
533.09   Soliciting - after positive HIV test - driver’s license suspension.
533.091   Loitering to engage in solicitation - solicitation after positive HIV test.
533.10   Prostitution.
533.101   Identification and publication of photographs of individuals convicted of solicitation,
prostitution and prohibited sexual misconduct activity.
533.11   Disseminating matter harmful to juveniles.
533.12   Deception to obtain matter harmful to juveniles.
533.13   Displaying matter harmful to juveniles.
533.14   Pandering material involving a minor; illegal use of minor. (Repealed)
533.15   Exposure; counseling; exemption.
533.16   Accosting.  (Repealed)
533.17   Use of premises in violation declared to be a nuisance.
533.18   Regulations for adult businesses offering live performances.
533.19   Regulation of adult business establishments.
533.20   Unlawful advertising of massage.
533.21   Dissemination of private sexual images.
533.99   Penalty.
CROSS REFERENCES
         See sectional histories for similar State law
         Complicity - see GEN. OFF. 501.10
         Offensive conduct - see GEN. OFF. 509.03
         Telephone harassment - see GEN. OFF. 537.10
         Criminal trespass - see GEN. OFF. 541.05

   533.01  DEFINITIONS.
   As used in this chapter:
   (a)   "Sexual conduct" means vaginal intercourse between a male and female; anal intercourse, fellatio
and cunnilingus between persons regardless of sex; and, without privilege to do so, the insertion, however
slight, of any part of the body or any instrument, apparatus or other object into the vaginal or anal opening
of another.  Penetration, however slight, is sufficient to complete vaginal or anal intercourse.
   (b)   "Sexual contact" means any touching of an erogenous zone of another, including without limitation
the thigh, genitals, buttock, pubic region, or, if such person is a female, a breast, for the purpose of
sexually arousing or gratifying either person.
   (c)   "Sexual activity" means sexual conduct or sexual contact, or both.
Ordinance No. ___________________ (cont’d)

   (d)   "Prostitute" means a male or female who promiscuously engages in sexual activity for hire,
regardless of whether the hire is paid to the prostitute or to another.
   (e)   Any material or performance is "harmful to juveniles," if it is offensive to prevailing standards in the
adult community with respect to what is suitable for juveniles, and if any of the following apply:
      (1)   The material or performance, when considered as a whole, appeals to the prurient interest of
juveniles in sex.
      (2)   The material or performance is patently offensive to prevailing standards in the adult community
as a whole with respect to what is suitable for juveniles.
      (3)   The material or performance, when considered as a whole, lacks serious literary, artistic, political
and scientific value for juveniles.
   (f)   When considered as a whole, and judged with reference to ordinary adults, or, if it is designed for
sexual deviates or other specially susceptible group, judged with reference to such group, any material or
performance is "obscene" if any of the following apply:
      (1)   Its dominant appeal is to prurient interest;
      (2)   Its dominant tendency is to arouse lust by displaying or depicting sexual activity, masturbation,
sexual excitement or nudity in a way which tends to represent human beings as mere objects of sexual
appetite;
      (3)   Its dominant tendency is to arouse lust by displaying or depicting bestiality or extreme or bizarre
violence, cruelty or brutality;
      (4)   Its dominant tendency is to appeal to scatological interest by displaying or depicting human bodily
functions of elimination in a way which inspires disgust or revulsion in persons with ordinary sensibilities,
without serving any genuine scientific, educational, sociological, moral or artistic purpose;
      (5)   It contains a series of displays or descriptions of sexual activity, masturbation, sexual excitement,
nudity, bestiality, extreme or bizarre violence, cruelty or brutality, or human bodily functions of elimination,
the cumulative effect of which is a dominant tendency to appeal to prurient or scatological interest, when
the appeal to such interest is primarily for its own sake or for commercial exploitation, rather than primarily
for a genuine scientific, educational, sociological, moral or artistic purpose.
   (g)   "Sexual excitement" means the condition of human male or female genitals when in a state of
sexual stimulation or arousal.
   (h)   "Nudity" means the showing, representation or depiction of human male or female genitals, pubic
area or buttocks with less than a full, opaque covering, or of a female breast with less than a full, opaque
covering of any portion thereof below the top of the nipple, or of covered male genitals in a discernibly
turgid state.
   (i)   "Juvenile" means an unmarried person under the age of eighteen.
   (j)   "Material" means any book, magazine, newspaper, pamphlet, poster, print, picture, figure, image,
description, motion picture film, phonographic record, or tape, or other tangible thing capable of arousing
interest through sight, sound, or touch and includes an image or text appearing on a computer monitor,
television screen, liquid crystal display, or similar display device or an image or text recorded on a
computer hard disk, computer floppy disk, compact disk, magnetic tape or similar data storage device.
   (k)   "Performance" means any motion picture, preview, trailer, play, show, skit, dance or other exhibition
performed before an audience.
   (l)   "Spouse" means a person married to an offender at the time of an alleged offense, except that such
person shall not be considered the spouse when any of the following apply:
      (1)   When the parties have entered into a written separation agreement authorized by Ohio R.C.
3103.06;
      (2)   During the pendency of an action between the parties for annulment, divorce, dissolution of
marriage or legal separation;
      (3)   In the case of an action for legal separation, after the effective date of the judgment for legal
separation.
   (m)   "Minor" means a person under the age of eighteen years.
      (ORC 2907.01)
   (n)   “Adult business” means any adult cabaret, or any other business providing adult entertainment or
adult services.
   (o)   “Adult cabaret” means a nightclub, bar, restaurant, bottle club, or similar commercial establishment,
whether or not alcoholic beverages are served, which regularly features:
Ordinance No. ___________________ (cont’d)

      (1)   Persons who appear nude or in a state of nudity or semi-nude; or

      (2)   Live performances which are characterized by the exposure of anatomical areas or by specified
sexual activities.
   (p)   “Adult entertainment” means any performance by topless and/or bottomless dancers, strippers, or
similar entertainers, where such performances are characterized by the display or exposure of specified
anatomical areas.
   (q)   “Adult services” means any service capable of arousing sexual interest through sight, sound, or
touch, and which service is distinguished or characterized by an emphasis on specified sexual activities,
specified sexual anatomical areas, or the human bodily function of elimination.
      (Ord.  99-9-89.  Passed 9-8-99.)
   (r)   “Mental health client or patient” has the same meaning as in Ohio R.C. 2305.51.
   (s)   “Mental health professional” has the same meaning as in Ohio R.C. 2305.115.
      (ORC 2907.01)
(t) “Unmanned aerial vehicle” has the same meaning as in Codified Ordinance 511.01.
(u) “Unmanned aircraft system” has the same meaning as in Codified Ordinance 511.01.
 

   
   533.06  VOYEURISM.
   (a)   No person, for the purpose of sexually arousing or gratifying the person’s self, shall commit
trespass or otherwise surreptitiously invade the privacy of another, including through use of an
unmanned aerial vehicle or unmanned aircraft system, to spy or eavesdrop upon another.
   (b)   No person, for the purpose of sexually arousing or gratifying the person’s self, shall commit trespass
or otherwise surreptitiously invade the privacy of another, including through use of an unmanned aerial
vehicle or unmanned aircraft system, to videotape, film, photograph, or otherwise record the other person
in a state of nudity.
(c)  No person, for the purpose of sexually arousing or gratifying the person's self, shall commit trespass
or otherwise surreptitiously invade the privacy of another, including through use of an unmanned aerial
vehicle or unmanned aircraft system, to videotape, film, photograph, otherwise record, or spy or
eavesdrop upon the other person in a state of nudity if the other person is a minor.
(d) No person shall secretly or surreptitiously videotape, film, photograph, or otherwise record, including
through use of an unmanned aerial vehicle or unmanned aircraft system, another person under or
through the clothing being worn by that other person for the purpose of viewing the body of, or the
undergarments worn by, that other person.
   (e)   (1)   Whoever violates this section is guilty of voyeurism.
      (2)   A violation of subsection (a) hereof is a misdemeanor of the third degree.
      (3)   A violation of subsection (b) hereof is a misdemeanor of the second degree.
      (4)   A violation of subsection (d) hereof is a misdemeanor of the first degree.
(5) A violation of subsection (c) hereof is a misdemeanor of the fifth degree.
 

   
CHAPTER 537
Offenses Against Persons
537.01   Negligent homicide.
537.02   Vehicular homicide and manslaughter.
537.021   Vehicular assault in a construction zone.
537.03   Assault.
537.04   Negligent assault.
537.05   Aggravated menacing.
537.051   Menacing by stalking.
537.06   Menacing.
537.07   Endangering children.
Ordinance No. ___________________ (cont’d)

537.08   Unlawful restraint.
537.09   Coercion.
537.10   Telecommunication harassment.
537.11   Threatening or harassing telephone calls.
537.12   Misuse of 9-1-1 system.
537.13   Adulterating of or furnishing adulterated food or confection.
537.14   Domestic violence.
537.15   Temporary protection order.
537.16   Illegal distribution of cigarettes or other tobacco products. (Repealed)
537.17   Conduct towards law enforcement officers.
537.18   Criminal child enticement.  (Repealed)
537.19   Contributing to unruliness or delinquency of a child.
537.99   Penalty.
CROSS REFERENCES
      See sectional histories for similar State law
      Physical harm to persons defined - see GEN. OFF. 501.01 (c), (e)
      Fighting; provoking violent response - see GEN. OFF. 509.03

      537.051 MENACING BY STALKING.

   (a)   (1)   No person by engaging in a pattern of conduct shall knowingly cause, including through the use
of an unmanned aerial vehicle or unmanned aircraft system, another person to believe that the offender
will cause physical harm to the other person or a family or household member of the other person or cause
mental distress to the other person or a family or household member of the other person.  In addition to
any other basis for the other person’s belief that the offender will cause physical harm to the other person
or the other person’s family or household member or mental distress to the other person or the other
person’s family or household member, the other person’s belief or mental distress may be based on words
or conduct of the offender that are directed at or identify a corporation, association or other organization
that employs the other person or to which the other person belongs.
      (2)   No person, through the use of any form of written communication or any electronic method of
remotely transferring information, including, but not limited to, any computer, computer network, computer
program, computer system or telecommunication device shall post a message or use any intentionally
written or verbal graphic gesture with purpose to do either of the following:
         A.   Violate subsection (a)(1) of this section;
         B.   Urge or incite another to commit a violation of subsection (a)(1) of this section.
      (3)   No person, with sexual motivation, shall violate subsection (a)(1) or (2) of this section.
   (b)   Whoever violates this section is guilty of menacing by stalking.
      (1)   Except as otherwise provided in subsections (b)(2) and (3) of this section, menacing by stalking is
a misdemeanor of the first degree.
      (2)   Menacing by stalking is a felony and shall be prosecuted under appropriate State law if any of the
following applies:
         A.   The offender previously has been convicted of or pleaded guilty to a violation of this section or a
violation of Section 541.051 .
         B.   In committing the offense under subsection (a)(1), (2), or (3) of this section, the offender made a
threat of physical harm to or against the victim, or as a result of an offense committed under subsection (a)
(2) or (3) of this section, a third person induced by the offender’s posted message made a threat of
physical harm to or against the victim.
         C.   In committing the offense under subsection (a)(1), (2), or (3) of this section, the offender
trespassed on the land or premises where the victim lives, is employed, or attends school, or as a result of
an offense committed under subsection (a)(2) or (3) of this section, a third person induced by the
offender’s posted message trespassed on the land or premises where the victim lives, is employed, or
attends school.
         D.   The victim of the offense is a minor.
Ordinance No. ___________________ (cont’d)

         E.   The offender has a history of violence toward the victim or any other person or a history of other
violent acts toward the victim or any other person.
         F.   While committing the offense under subsection (a)(1) of this section or a violation of subsection
(a)(3) of this section is based on conduct in violation of subsection (a)(1) of this section, the offender had a
deadly weapon on or about the offender’s person or under the offender’s control.  Subsection (b)(2)F. of
this section does not apply in determining the penalty for a violation of subsection (a)(2) of this section or a
violation of subsection (a)(3) of this section based on conduct in violation of subsection (a)(1) of this
section.
         G.   At the time of the commission of the offense, the offender was the subject of a protection order
issued under Ohio R.C. 2903.213 or 2903.214, regardless of whether the person to be protected under the
order is the victim of the offense or another person.
         H.   In committing the offense under subsection (a)(1), (2), or (3) of this section, the offender caused
serious physical harm to the premises at which the victim resides, to the real property on which that
premises is located, or to any personal property located on that premises, or as a result of an offense
committed under subsection (a)(2) of this section, or an offense committed under subsection (a)(3) of this
section based on a violation of subsection (a)(2) of this section, a third person induced by the offender’s
posted message caused serious physical harm to that premises, that real property, or any personal
property on that premises.
         I.   Prior to committing the offense, the offender had been determined to represent a substantial risk
of physical harm to others as manifested by evidence of then-recent homicidal or other violent behavior,
evidence of then-recent threats that placed another in reasonable fear of violent behavior and serious
physical harm, or other evidence of then-present dangerousness.
      (3)   If the victim of the offense is an officer or employee of a public children services agency or a
private child placing agency and the offense relates to the officer’s or employee’s performance or
anticipated performance of official responsibilities or duties, or, if the offender previously has been
convicted of or pleaded guilty to an offense of violence, the victim of that prior offense was an officer or
employee of a public children services agency or private child placing agency, and that prior offense
related to the officer’s or employee’s performance or anticipated performance of official responsibilities, or
duties, menacing by stalking is a felony and shall be prosecuted under appropriate State law.
   (c)   Ohio R.C. 2919.271 applies in relation to a defendant charged with a violation of this section.
   (d)   As used in this section:
      (1)   “Pattern of conduct” means two or more actions or incidents closely related in time, whether or not
there has been a prior conviction based on any of those actions or incidents, or two or more actions or
incidents closely related in time, whether or not there has been a prior conviction based on any of those
actions or incidents, directed at one or more persons employed by or belonging to the same corporation,
association, or other organization.  Actions or incidents that prevent, obstruct, or delay the performance by
a public official, firefighter, rescuer, emergency medical services person, or emergency facility person of
any authorized act within the public official’s, firefighter’s, rescuer’s, emergency medical services person’s,
or emergency facility person’s official capacity, or the posting of messages, use of intentionally written or
verbal graphic gestures, or receipt of information or data through the use of any form of written
communication or an electronic method of remotely transferring information, including, but not limited to, a
computer, computer network, computer program, computer system, or telecommunications device, may
constitute a “pattern of conduct”.
      (2)   “Mental distress” means any of the following:
         A.   Any mental illness or condition that involves some temporary substantial incapacity;
         B.   Any mental illness or condition that would normally require psychiatric treatment, psychological
treatment, or other mental health services, whether or not any person requested or received psychiatric
treatment, psychological treatment, or other mental health services.
      (3)   “Emergency medical services person” is the singular of “emergency medical services personnel”
as defined in Ohio R.C. 2133.21.
      (4)   “Emergency facility person” is the singular of “emergency facility personnel” as defined in Ohio
R.C. 2909.04.
      (5)   “Public official” has the same meaning as in Ohio R.C. 2921.01.
      (6)   “Computer”, “computer network”, “computer program”, “computer system” and
“telecommunications device” have the same meanings as in Ohio R.C. 2913.01.
Ordinance No. ___________________ (cont’d)

      (7)   “Post a message” means transferring, sending, posting, publishing, disseminating or otherwise

communicating, or attempting to transfer, send, post, publish, disseminate or otherwise communication,
any message or information, whether truthful or untruthful, about an individual, and whether done under
one’s own name, under the name of another, or while impersonating another.
      (8)   “Third person” means, in relation to conduct as described in subsection (a)(2) of this section, an
individual who is neither the offender nor the victim of the conduct.
      (9)   “Sexual motivation” has the same meaning as in Ohio R.C. 2971.01.
      (10)   “Organization” includes an entity that is a governmental employer.
      (11)   “Family or household member” means any of the following:
         A.   Any of the following who is residing or has resided with the person against whom the act
prohibited in subsection (a)(1) of this section is committed:
            1.   A spouse, a person living as a spouse, or a former spouse of the person;
            2.   A parent, a foster parent, or a child of the person, or another person related by consanguinity
or affinity to the person;
            3.   A parent or a child of a spouse, person living as a spouse, or former spouse of the person, or
another person related by consanguinity or affinity to a spouse, person living as a spouse, or former
spouse of the person.
         B.   The natural parent of any child of whom the person against whom the act prohibited in
subsection (a)(1) of this section is committed is the other natural parent or is the putative other natural
parent.
      (12)   “Person living as a spouse” means a person who is living or has lived with the person against
whom the act prohibited in subsection (a)(1) of this section is committed in a common law marital
relationship, who otherwise is cohabiting with that person, or who otherwise has cohabited with the person
within five years prior to the date of the alleged commission of the act in question.
(13) “Unmanned aerial vehicle” has the same meaning as in Codified Ordinance 511.01.
(14) “Unmanned aircraft system” has the same meaning as in Codified Ordinance 511.01.
   (e)   The Municipality does not need to prove in a prosecution under this section that a person requested
or received psychiatric treatment, psychological treatment, or other mental health services in order to show
that the person was caused mental distress as described in subsection (d)(2)B. of this section.
   (f)   (1)   This section does not apply to a person solely because the person provided access or
connection to or from an electronic method of remotely transferring information not under that person’s
control, including having provided capabilities that are incidental to providing access or connection to or
from the electronic method of remotely transferring the information, and that do not include the creation of
the content of the material that is the subject of the access or connection.  In addition, any person
providing access or connection to or from an electronic method of remotely transferring information not
under that person’s control shall not be liable for any action voluntarily taken in good faith to block the
receipt or transmission through its service of any information that it believes is, or will be sent, in violation
of this section.
      (2)   Subsection (f)(1) of this section does not create an affirmative duty for any person providing
access or connection to or from an electronic method of remotely transferring information not under that
person’s control to block the receipt or transmission through its service of any information that it believes
is, or will be sent, in violation of this section except as otherwise provided by law.
      (3)   Subsection (f)(1) of this section does not apply to a person who conspires with a person actively
involved in the creation or knowing distribution of material in violation of this section or who knowingly
advertises the availability of material of that nature. 

   
CHAPTER 541
Property Offenses

541.01   Determining property value in arson.

541.02   Arson.
541.03   Criminal damaging or endangering.
Ordinance No. ___________________ (cont’d)

541.031   Prohibition of cross burning and destruction of other religious symbols with the intent to
intimidate.
541.04   Criminal mischief.
541.05   Criminal trespass.
541.051   Aggravated trespass.
541.06   Destruction of shrubs, trees or crops.
541.07   Desecration.
541.08   Ethnic intimidation.
541.09   Cable television; tampering.
541.10   Vehicular vandalism.
541.11   Trespass on a place of public amusement.
541.99   Penalty.
CROSS REFERENCES
      See sectional histories for similar State law
      Parents' liability for destructive acts of their children - see Ohio R.C. 3109.09
      Physical harm to property defined - see GEN. OFF. 501.01(d), (f)
      Reimbursement for investigation or prosecution costs - see GEN. OFF. 501.99(a)
      Damage to sidewalks - see GEN. OFF. 521.04
      Vehicle trespass - see GEN. OFF. 545.06

   
   541.05  CRIMINAL TRESPASS.
   (a)   No person, without privilege to do so, shall do any of the following:
      (1)   Knowingly enter or remain, including through the use of an unmanned aerial vehicle or unmanned
aircraft system, on the land or premises of another;
      (2)   Knowingly enter or remain on the land or premises of another, including through the use of an
unmanned aerial vehicle or unmanned aircraft system, the use of which is lawfully restricted to certain
persons, purposes, modes or hours, when the offender knows the offender is in violation of any such
restriction or is reckless in that regard;
      (3)   Recklessly enter or remain on the land or premises of another, including through the use of an
unmanned aerial vehicle or unmanned aircraft system, as to which notice against unauthorized access or
presence is given by actual communication to the offender, or in a manner prescribed by law, or by posting
in a manner reasonably calculated to come to the attention of potential intruders, or by fencing or other
enclosure manifestly designed to restrict access;
      (4)   Being, including through the use of an unmanned aerial vehicle or unmanned aircraft system, on
the land or premises of another, negligently fail or refuse to leave upon being notified by signage posted in
a conspicuous place or otherwise being notified to do so by the owner or occupant, or the agent or servant
of either.
   (b)   It is no defense to a charge under this section that the land or premises involved was owned,
controlled or in custody of a public agency.
   (c)   It is no defense to a charge under this section that the offender was authorized to enter or remain on
the land or premises involved when such authorization was secured by deception.
   (d)   (1)   Whoever violates this section is guilty of criminal trespass, a misdemeanor of the fourth degree.
      (2)   Notwithstanding Section 501.99, if the person, in committing the violation of this section, used a
snowmobile, off-highway motorcycle, or all-purpose vehicle, the court shall impose a fine of two times the
usual amount imposed for the violation.
      (3)   If an offender previously has been convicted of or pleaded guilty to two or more violations of this
section or a substantially equivalent municipal ordinance, or state law, and the offender, in committing
each violation, used a snowmobile, off-highway motorcycle, or all-purpose vehicle, the court, in addition to
or independent of all other penalties imposed for the violation, may impound the certificate of registration
of that snowmobile or off-highway motorcycle or the certificate of registration and license plate of that all-
purpose vehicle for not less than sixty days.  In such a case, Ohio R.C. 4519.47 applies.
   (e)   As used in this section:
Ordinance No. ___________________ (cont’d)

      (1)   “All-purpose vehicle,” “off-highway motorcycle” and “snowmobile” have the same meaning as in
Section 375.01 of the Traffic Code.
      (2)   “Land or premises” includes any land, building, structure, or place belonging to, controlled by, or in
custody of another, and any separate enclosure or room, or portion thereof.
(3) “Unmanned aerial vehicle” and “unmanned aircraft system” have the same meaning as Section
511.01 of the Codified Ordinances.

   541.051 AGGRAVATED TRESPASS.

(a) As used in this section, “unmanned aerial vehicle” and “unmanned aircraft system” have the same
meaning as Section 511.01 of the Codified Ordinances.   
(b)   No person shall enter or remain, including through the use of an unmanned aerial vehicle or
unmanned aircraft system, on the land or premises of another with purpose to commit on that land or
those premises a misdemeanor, the elements of which involve causing physical harm to another person or
causing another person to believe that the offender will cause physical harm to that person.
   (c)   Whoever violates this section is guilty of aggravated trespass, a misdemeanor of the first degree.