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Ex. DUT-OH-004 Standing duty Primary source read

Statute (effective September 10, 2012, Am. Sub. H.B. 487, 129th G.A.)

Prohibition against violating pandemic, epidemic or bioterrorism rule or order

General Assembly of Ohio (Ohio Revised Code, Chapter 3701) · Ohio (State)

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The COVID Project

The record

Jurisdiction
Ohio
Level
State
Authority
Ohio Const. art. II, sec. 1; the police power of the State
Issued
2012-09-10 Sept. 10, 2012
Effective
September 10, 2012 (read as 2012-09-10)
End
standing (read as 2021-09-30)
In force
Standing since Sept. 10, 2012 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Emergency declarationBusiness closureCapacity limitGathering capFace-covering requirementCurfew and hoursWorkplace rulesQuarantine and isolationStanding duty
Addressees
  • persons generally (including every business, employer and owner or person in control of premises)
Character
order penalty
Collection
Standing duties: Ohio DUT-OH

Operative words

No person shall violate any rule the director of health or department of health adopts or any order the director or department of health issues under this chapter to prevent a threat to the public caused by a pandemic, epidemic, or bioterrorism event.

Penalty

Misdemeanor of the second degree (R.C. 3701.99(C), Ex. DUT-OH-005): up to ninety days in jail (R.C. 2929.24(A)(2)) and a fine of up to $750 (R.C. 2929.28(A)(2)(a)(ii)), as the orders recited ('a fine of not more than $750 or not more than 90 days in jail, or both,' Ex. OH-014 para. 18)

What it required

Made obedience to every Director's Order issued under Chapter 3701 to prevent a pandemic threat a legal duty of every person, business and premises owner in Ohio, the provision quoted in every Director's Order from April 2, 2020 (Ex. OH-014 para. 17; Ex. OH-019 para. 18; Ex. OH-020 para. 7; Ex. OH-025; Ex. OH-030; Ex. OH-037; Ex. OH-070).

Retrieval note

Ohio's equivalent of Tex. Gov't Code 418.173: the State has no separate penalty section for gubernatorial emergency orders; Executive Order 2020-01D (Ex. OH-001) was the predicate and the Director's Orders under R.C. 3701.13 carried the criminal sanction through this section. The jail and fine ranges were read on codes.ohio.gov (R.C. 2929.24, 2929.28) and not saved as exhibits.

A record of The COVID Project. The instrument's text is the source's; the summary fields are The COVID Project's reading of it. Not legal advice.