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   545.051 PILFERING OF RECYCLABLE PROPERTY.
   (a)   All refuse and other matter which has been placed on any curb lawn or into any City bin, trailer or container for recycling purposes shall be the property of the City of Amherst and no person, not authorized to do so, shall knowingly separate and collect, carry off or dispose of the same. “Refuse and other matter” as used in this section shall not include chemicals, explosives or any hazardous material that, pursuant to local, state or federal law, requires for its possession or disposal any license or permit.
   (b)   Whoever is convicted of or pleads guilty to a violation of Section 1 shall be guilty of a minor misdemeanor and fined not more than $100.00. If the offender has previously been convicted of a violation of the above, then he shall be guilty of a misdemeanor of the fourth degree, and shall be fined not more than $250.00, and/or imprisoned not more than thirty days.
(Ord. 96-104. Passed 11-25-96.)
   545.06 UNAUTHORIZED USE OF A VEHICLE; VEHICLE TRESPASS.
   (a)   No person shall knowingly use or operate an aircraft, motor vehicle, motorcycle, motorboat or other motor-propelled vehicle without the consent of the owner or person authorized to give consent.
   (b)   This section does not apply to property removed from the State or if possession is kept for more than forty-eight hours.
   (c)   The following are affirmative defenses to a charge under this section:
      (1)   At the time of the alleged offense, the actor, though mistaken, reasonably believed that the actor was authorized to use or operate the property.
      (2)   At the time of the alleged offense, the actor reasonably believed that the owner or person empowered to give consent would authorize the actor to use or operate the property.
   (d)   No person shall knowingly enter into or upon a motor vehicle, motorcycle or other motor-propelled vehicle without the consent of the owner or person authorized to give consent.
   (e)   Whoever violates subsection (a) hereof is guilty of unauthorized use of a vehicle, a misdemeanor of the first degree. If the victim of the offense is an elderly person or disabled adult and if the victim incurs a loss as a result of the violation, a violation of subsection (a) hereof is a felony and shall be prosecuted under appropriate State law.
(ORC 2913.03)
   (f)   Whoever violates subsection (d) hereof is guilty of vehicle trespass, a misdemeanor of the fourth degree.
   545.07 INSURANCE FRAUD.
   (a)   As used in this section:
      (1)   "Data" has the same meaning as in Section 545.01 and additionally includes any other representation of information, knowledge, facts, concepts or instructions that are being or have been prepared in a formalized manner.
      (2)   "Deceptive" means that a statement, in whole or in part, would cause another to be deceived because it contains a misleading representation, withholds information, prevents the acquisition of information or by any other conduct, act or omission creates, confirms or perpetuates a false impression, including, but not limited to, a false impression as to law, value, state of mind or other objective or subjective fact.
      (3)   "Insurer" means any person that is authorized to engage in the business of insurance in this State under Title XXXIX of the Ohio Revised Code; The Ohio Fair Plan Underwriting Association created under Ohio R.C. 3929.43; any health insuring corporation; and any legal entity that is self-insured and provides benefits to its employees or members.
      (4)   "Policy" means a policy, certificate, contract or plan that is issued by an insurer.
      (5)   "Statement" includes, but is not limited to, any notice, letter or memorandum; proof of loss; bill of lading; receipt for payment; invoice, account or other financial statement; estimate of property damage; bill for services; diagnosis or prognosis; prescription; hospital, medical or dental chart or other record; X-Ray, photograph, videotape or movie film; test result; other evidence of loss, injury or expense; computer-generated document; and data in any form.
   (b)   No person, with purpose to defraud or knowing that the person is facilitating a fraud, shall do either of the following:
      (1)   Present to, or cause to be presented to, an insurer any written or oral statement that is part of, or in support of, an application for insurance, a claim for payment pursuant to a policy or a claim for any other benefit pursuant to a policy, knowing that the statement, or any part of the statement, is false or deceptive;
      (2)   Assist, aid, abet, solicit, procure or conspire with another to prepare or make any written or oral statement that is intended to be presented to an insurer as part of, or in support of, an application for insurance, a claim for payment pursuant to a policy, or a claim for any other benefit pursuant to a policy, knowing that the statement, or any part of the statement, is false or deceptive.
   (c)   Whoever violates this section is guilty of insurance fraud a misdemeanor of the first degree. If the amount of the claim that is false or deceptive is five hundred dollars ($500.00) or more, insurance fraud is a felony and shall be prosecuted under appropriate State law.
   (d)   This section shall not be construed to abrogate, waive or modify Ohio R.C. 2317.02(A).
(ORC 2913.47)
   545.08 UNAUTHORIZED USE OF PROPERTY.
   (a)   No person shall knowingly use or operate the property of another without the consent of the owner or person authorized to give consent.
   (b)   The affirmative defenses contained in Section 545.06(c) are affirmative defenses to a charge under this section.
   (c)   Whoever violates this section is guilty of unauthorized use of property. Except as provided in subsection (d) hereof, unauthorized use of property is a misdemeanor of the fourth degree.
   (d)   If unauthorized use of property is committed for the purpose of devising or executing a scheme to defraud or to obtain property or services, unauthorized use of property is a misdemeanor of the first degree. Unauthorized use of property is a felony and shall be prosecuted under appropriate State law if:
      (1)   Unauthorized use of property is committed for the purpose of devising or executing a scheme to defraud or to obtain property or services, and if the value of the property is one thousand dollars ($1,000) or more; or
      (2)   If the victim of the offense is an elderly person or disabled adult.
         (ORC 2913.04)
   545.09 PASSING BAD CHECKS.
   (a)   As used in this section:
      (1)   “Check” includes any form of debit from a demand deposit account, including, but not limited to any of the following:
         A.   A check, bill of exchange, draft, order of withdrawal, or similar negotiable or nonnegotiable instrument;
         B.   An electronic check, electronic transaction, debit card transaction, check card transaction, substitute check, web check, or any form of automated clearing house transaction.
      (2)   “Issue a check” means causing any form of debit from a demand deposit account.
   (b)   No person, with purpose to defraud, shall issue or transfer or cause to be issued or transferred a check or other negotiable instrument, knowing that it will be dishonored or knowing that a person has ordered or will order stop payment on the check or other negotiable instrument.
   (c)   For purposes of this section, a person who issues or transfers a check or other negotiable instrument is presumed to know that it will be dishonored, if either of the following occurs:
      (1)   The drawer had no account with the drawee at the time of issue or the stated date, whichever is later.
      (2)   The check or other negotiable instrument was properly refused payment for insufficient funds upon presentment within thirty days after issue or the stated date, whichever is later, and the liability of the drawer, indorser or any party who may be liable thereon is not discharged by payment or satisfaction within ten days after receiving notice of dishonor.
   (d)   In determining the value of the payment for purposes of subsection (e) of this section, the court may aggregate all checks and other negotiable instruments that the offender issued or transferred or caused to be issued or transferred in violation of subsection (a) of this section within a period of one hundred eighty consecutive days.
   (e)   Whoever violates this section is guilty of passing bad checks. Except as otherwise provided in this subsection, passing bad checks is a misdemeanor of the first degree. If the check or checks or other negotiable instrument or instruments are issued or transferred to a single vendor or single other person for the payment of one thousand dollars ($1,000) or more or if the check or checks or other negotiable instrument or instruments are issued or transferred to multiple vendors or persons for the payment of one thousand five hundred dollars ($1,500) or more, passing bad checks is a felony and shall be prosecuted under appropriate State law.
(ORC 2913.11)
   545.10 MISUSE OF CREDIT CARDS.
   (a)   No person shall do any of the following:
      (1)   Practice deception for the purpose of procuring the issuance of a credit card, when a credit card is issued in actual reliance thereon;
      (2)   Knowingly buy or sell a credit card from or to a person other than the issuer.
      (3)   As an officer, employee, or appointee of a political subdivision or as a public servant as defined under Section 525.01, knowingly misuse a credit card account held by a political subdivision.
   (b)   No person, with purpose to defraud, shall do any of the following:
      (1)   Obtain control over a credit card as security for a debt;
      (2)   Obtain property or services by the use of a credit card, in one or more transactions, knowing or having reasonable cause to believe that the card has expired or been revoked, or was obtained, is retained or is being used in violation of law;
      (3)   Furnish property or services upon presentation of a credit card, knowing that the card is being used in violation of law;
      (4)   Represent or cause to be represented to the issuer of a credit card that property or services have been furnished, knowing that the representation is false.
   (c)   No person, with purpose to violate this section, shall receive, possess, control or dispose of a credit card.
   (d)   Whoever violates this section is guilty of misuse of credit cards, a misdemeanor of the first degree. Misuse of credit cards is a felony and shall be prosecuted under appropriate State law if:
      (1)   The cumulative retail value of the property and services involved in one or more violations of subsection (b)(2), (3) or (4) hereof, which violations involve one or more credit card accounts and occur within a period of ninety consecutive days commencing on the date of the first violation, is one thousand dollars ($1,000) or more; or
      (2)   The victim of the offense is an elderly person or disabled adult and the offense involves a violation of subsection (b)(1) or (2) hereof.
         (ORC 2913.21)
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