22-02 Amend 525.03 Impersonating a Peace Officer

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525.03 IMPERSONATION OF PEACE OFFICER OR PRIVATE POLICE OFFICER. (a) As used in this section: (1) "Peace officer" means a Sheriff, deputy sheriff, marshal, deputy marshal, member of the organized police department of a municipal corporation, or township constable, who is employed by .a political subdivision of this State, a member of a police force employed'by a metropolitan housing authority under Ohio R.C. 3735.31(D), a member of a police force employed by a regional transit authorityunder Ohio R;C. 306.35(Y), a State university law enforcement officer appointed 'under Ohio R.C. 3345.04, an Ohio Veterans' home police oMcer appointed under Ohio R.C. 5907.02, a special police oMcer employed by a port authority under Ohio R.C. 4582.04 or 4582.28, or a State Highway Patrol trooper, and whose primary duties are to preserve the peace, to protect life and property, and to enforce the laws, ordinances or rules of the State or any of its political subdivisions. (2) "Private pohce oMcer" means any security 9uard, special police oMcer, private detective or other person who is privately employed in a police capacity.. (3) "Zmpersonate" means to act the part of, assume the identity of, wear the. uniform or any part of the uniform of or display the identification of a particular person or of a member of a class of persons with purpose to make another person believe that the actor is that particular person or is a member of that class Of persons. (b) No person shall impersonate a peace officer or a private police officer. (c) No person, by impersonating a peace officer or a private police officer, shall arrest or detain any person, search any person or search the property of any person. (d) No person, with purpose to commit or facilitate the commission of an Offense, shall impersonate a peace officer, a private police officer or an officer, agent or employee of the State or the Municipality. (e) It is an affirmative defense to a charge under subsection (b) hereof that the impersonation of the peace officer was for a lawful purpose. (f) Whoever violates subsection (b) hereof is guilty of a misdemeanor of the fourth degree. Whoever violates subsections (c) or (d) hereof is guilty of a misdemeanor of the first degree, provided that the purpose of a violation of subsection (d) hereof is not to commit or facilitate the commission of a felony. Section 2. It is found and determined that all formal actions of this Council concerning and relating to the passage of this ordinance were adopted in an open meeting of this Council, and that all such deliberation of the Council and of any of its committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements. Adopted: Approved: President of Council Clerk of Co6n~il ~ r MayOr' '