CLEVELAND MUNICIPAL CODE
The following are all misdemeanor offenses that may be applicable and important to know:
Use of Parks 559.01: No person shall be permitted to make use of public parks for any purpose not practically common to all and not in consonance with the proper use of the park. No person shall in any of the parks or in any refectory, restaurant, building or place on the same, solicit fares, or beg or publicly solicit subscriptions or make any oration, harangue, demonstration, or address.
Behavior in Parks 559.45: Sleeping or protracted lounging on the seats or benches, or loud, boisterous, threatening or abusive, insulting or indecent language, or disorderly conduct or behavior, or any act tending to a breach of the public peace is strictly prohibited.
Use or Sale of Intoxicating Liquor 559.46: No person shall take into or upon any park any intoxicating liquor, either for sale to another or for his own use, or for the use of others; nor shall any person sell, give away or dispose of any intoxicating liquors in or upon any park. No intoxicated person shall be allowed to enter or remain within any of the parks.
Trespass on City Recreational Facilities 559.53: No person shall trespass, loiter or remain in the building or upon the grounds of a recreational facility of the city between the hours of 9:00 PM and 8:00 AM unless authorized by the Director. Fined $75, if 2
nd offense, misdemeanor of 4th degree.Disorderly Conduct 605.03: No person shall recklessly cause inconvenience, annoyance or alarm to another. Includes: engaging in fighting, making unreasonable noise, hindering the movement of persons on a public street. Minor misdemeanor. If persists in conduct after warning, misdemeanor of 1
st degree.Unlawful Congregation 605.09: No person shall congregate with others on the sidewalk, street corner or within the parks or public grounds, with intent to provoke a breach of the peace, or whereby a breach of the peace may be occasioned by the serious annoyance to pedestrians or by threatening, insulting or abusive conduct, and refuse to move on when ordered by a police officer. Misdemeanor of 1
st degree.Public Intoxication
605.13: No person shall be in a state of public intoxication or, being intoxicated, disturb the peace, good order and quiet of the City. Minor misdemeanor.Resisting Arrest 615. 08: No person, recklessly or by force, shall resist or interfere with a lawful arrest of himself or another. Misdemeanor of the 2
nd degree.Open Container Prohibited 617.07: No person shall have in his possession an opened container of beer or intoxicating liquor in any public place.
Minor misdemeanor.Public Indecency 619.07: No person shall recklessly expose his private parts, engage in masturbation, or any other sexual conduct which is likely to be viewed by and affront others who are not members of his household. Misdemeanor of 4
th degree if 1st offense.Loitering 619.11: No person shall remain or wander about in a public place and repeatedly beckon to, or repeatedly attempt to engage passersby in conversation, or repeatedly interfere with the free passage of other persons for the purpose of prostitution or drug activity. Loitering for purpose of prostitution is a misdemeanor of 1
st degreeCriminal Trespass 623.04: No person shall knowingly enter or remain on the land or premises of another which is lawfully restricted to certain persons, purposes, and hours by communicating to the offender by posting, sign, fence, or other restricted access. Misdemeanor of 4
th degree. No person shall enter or remain in any vacant building or structure without having permission of the owner. Misdemeanor 1st degree.Unauthorized Use of Property 625.10: No person shall knowingly use or operate the property of another without the consent of the owner or person authorized to give consent. Misdemeanor of 1
st degree.Offense Max Jail Time Max Fine
1
st degree 6 months $10002
nd degree 90 days $7503
rd degree 60 days $5004
th degree 30 days $250Minor no imprisonment $100
The following are codes that may apply to a complaint you have against another person:
Disposition of Property Held by the Division of Police 601.14: The Division shall make a reasonable effort to locate the persons entitled to possession of property in its custody, that has been lost, abandoned, stolen or lawfully seized or forfeited, and to notify them when and where it may be claimed. If the possessor is not known, 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 it.
Dereliction of Duty 615.12: No officer, having charge of a detention facility, shall negligently do any of the following: allow the detention facility to become littered or unsanitary, fail to provide persons confined in the detention facility with adequate food, clothing, bedding, shelter and medical attention, or fail to control an unruly prisoner, or to prevent intimidation of or physical harm to a prisoner by another.
Interfering with Civil Rights 615.13: No public servant, under color of his office, employment, or authority, shall knowingly deprive, conspire, or attempt to deprive any person of a constitutional or statutory right. Misdemeanor of 1st degree.
Unlawful Restraint 621.08: No person, without privilege to do so, shall knowingly restrain another of his liberty. Misdemeanor of 3rd degree.
Fair Employment Practices Chapter 661: No employers, employees, labor union, or employment agencies shall discriminate against any person solely on the grounds of race, religion, color, sex, sexual orientation, national origin, age, disability, ethnic group or Vietnam-era or disabled veteran status with regard to hire, discharge, tenure, upgrading, terms or conditions of employment or union membership. Administration of this chapter is responsibility of the Community Relations Board, in cooperation with the Office of Equal Opportunity.
Fair Housing Chapter 665: It is unlawful to refuse to sell, transfer, assign, rent, or finance housing accommodations or change terms and conditions because of race, religion, color, sex, sexual orientation, national origin, age, disability, ethnic group or Vietnam-era or disabled veteran status of any prospective user of the housing. You may file a complaint in writing and under oath with the Fair Housing Review Board, stating the name and address of the person alleged to have committed the violation.
Discrimination in Public Accommodation 667.01: No person, being the proprietor of a business, shall deny to a citizen, except for reasons applicable to all citizens, the full enjoyment of the accommodations, and no person shall aid the denial. Whoever violates this code shall be subject to the revocation of their license.
Suspension and Revocation Procedure 670.22: A person may file, in writing, with the Chief of Police, a complaint against a private security service or an armed security guard, or both, which alleges that they committed an act which constitutes grounds for suspension or revocation of the license. Grounds include a conviction involving the use or threat of force or violence against a person or an offense involving moral turpitude, giving false statement to a law enforcement officer, or giving false testimony or perjury.
CIVIL COURT CASE NO.1:99 CV 3143:
In a lawsuit against the City of Cleveland settled in 1999, the City, through its Police Department, agreed not to "arrest, or threaten to arrest or detain, any individuals, including homeless individiuals for performing innocent, harmeless, inoffensive acts such as sleeping, eating , lying, or sitting in or on public property." The agreement does not prevent the City from arresting an individual for criminal activity or from enforecing existing City Ordinances.