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Berea Overview
Codified Ordinances of Berea, OH
CODIFIED ORDINANCES OF THE CITY OF BEREA, OHIO
ROSTER OF OFFICIALS
ADOPTING ORDINANCE No. 92-98
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART FIVE - BUSINESS REGULATION CODE
PART SEVEN - TRAFFIC CODE
PART NINE - GENERAL OFFENSES CODE
CHAPTER 901 General Provisions and Penalty
CHAPTER 905 Animals
CHAPTER 907 Curfew
CHAPTER 909 Disorderly Conduct and Peace Disturbance
CHAPTER 911 Noise Control
CHAPTER 913 Drug Abuse Control
CHAPTER 917 Gambling
CHAPTER 918 Smoking Prohibited at City Meetings and on City Property
CHAPTER 919 Storage and Use of PCB and PCB Devices
CHAPTER 921 Health, Safety and Sanitation
CHAPTER 925 Law Enforcement and Public Office
CHAPTER 929 Liquor Control
CHAPTER 931 Nuisance Abatement
CHAPTER 933 Obscenity and Sex Offenses
CHAPTER 937 Offenses Against Persons
CHAPTER 941 Property Offenses
CHAPTER 945 Theft and Fraud
CHAPTER 947 Waste Materials and Junk
CHAPTER 949 Weapons and Explosives
CHAPTER 951 Fair Housing
CHAPTER 953 Railroads
CHAPTER 955 Graffiti
CHAPTER 957 Illegal Distribution, Use or Permitting Use of Cigarettes, Alternative Nicotine Products, Electronic Smoking Devices or Other Tobacco Products
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
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945.11 MAKING OR USING SLUGS.
   (a)   No person shall do any of the following:
      (1)   Insert or deposit a slug in a coin machine, with purpose to defraud;
      (2)   Make, possess or dispose of a slug, with purpose of enabling another to defraud by inserting or depositing it in a coin machine.
   (b)   Whoever violates this section is guilty of making or using slugs, a misdemeanor of the second degree.
(ORC 2913.33)
945.12 TAMPERING WITH COIN MACHINES.
   (a)   No person, with purpose to commit theft or to defraud, shall knowingly enter, force an entrance into, tamper with or insert any part of an instrument into any coin machine.
   (b)   Whoever violates this section is guilty of tampering with coin machines, a misdemeanor of the first degree. If the offender has previously been convicted of a violation of Ohio R.C. 2911.32 or of any theft offense, tampering with coin machines is a felony and shall be prosecuted under appropriate State law.
(ORC 2911.32)
945.13 CRIMINAL SIMULATION.
   (a)   No person, with purpose to defraud, or knowing that the person is facilitating a fraud, shall do any of the following:
      (1)   Make or alter any object so that it appears to have value because of antiquity, rarity, curiosity, source, or authorship, which it does not in fact possess;
      (2)   Practice deception in making, retouching, editing, or reproducing any photograph, movie film, video tape, phonograph record, or recording tape;
      (3)   Falsely or fraudulently make, simulate, forge, alter, or counterfeit any wrapper, label, stamp, cork, or cap prescribed by the Liquor Control Commission under Ohio R.C. Chapters 4301 and 4303, falsely or fraudulently cause to be made, simulated, forged, altered, or counterfeited any wrapper, label, stamp, cork, or cap prescribed by the Liquor Control Commission under Ohio R.C. Chapters 4301 and 4303, or use more than once any wrapper, label, stamp, cork, or cap prescribed by the Liquor Control Commission under Ohio R.C. Chapters 4301 and 4303.
      (4)   Utter, or possess with purpose to utter, any object that the person knows to have been simulated as provided in subsection (a)(1), (2) or (3) of this section.
   (b)   Whoever violates this section is guilty of criminal simulation, a misdemeanor of the first degree. If the loss to the victim is one thousand dollars ($1,000) or more, criminal simulation is a felony and shall be prosecuted under appropriate State law.
(ORC 2913.32)
945.14 TAMPERING WITH RECORDS.
   (a)    No person, knowing the person has no privilege to do so, and with purpose to defraud or knowing that the person is facilitating a fraud, shall do any of the following:
      (1)   Falsify, destroy, remove, conceal, alter, deface or mutilate any writing, computer software, data, or record;
      (2)   Utter any writing or record, knowing it to have been tampered with as provided in subsection (a)(1) hereof.
   (b)   Whoever violates this section is guilty of tampering with records, a misdemeanor of the first degree. If the violation involves data or computer software the value of which or loss to the victim is one thousand dollars ($1,000) or more, or if the writing or record is a will unrevoked at the time of the offense, tampering with records is a felony and shall be prosecuted under appropriate State law.
(ORC 2913.42)
945.15 SECURING WRITINGS BY DECEPTION.
   (a)   No person, by deception, shall cause another to execute any writing that disposes of or encumbers property, or by which a pecuniary obligation is incurred.
   (b)   Whoever violates this section is guilty of securing writings by deception, a misdemeanor of the first degree. Securing writings by deception is a felony and shall be prosecuted under appropriate State law if:
      (1)   The value of the property or obligation involved is one thousand dollars ($1,000) or more; or
      (2)   The victim of the offense is an elderly person, disabled adult, active duty service member or spouse of an active duty service member.
         (ORC 2913.43)
945.16 PERSONATING AN OFFICER.
   (a)   No person, with purpose to defraud or knowing that he is facilitating a fraud, or with purpose to induce another to purchase property or services, shall personate a law enforcement officer, or an inspector, investigator or agent of any governmental agency.
   (b)   Whoever violates this section is guilty of personating an officer, a misdemeanor of the first degree.
(ORC 2913.44)
945.17 DEFRAUDING CREDITORS.
   (a)   No person, with purpose to defraud one or more of the person’s creditors, shall do any of the following:
      (1)   Remove, conceal, destroy, encumber, convey or otherwise deal with any of the person’s property.
      (2)   Misrepresent or refuse to disclose to a fiduciary appointed to administer or manage the person’s affairs or estate, the existence, amount or location of any of the person’s property, or any other information regarding such property that the person is legally required to furnish to the fiduciary.
   (b)   Whoever violates this section is guilty of defrauding creditors, a misdemeanor of the first degree. If the value of the property involved is one thousand dollars ($1,000) or more, defrauding creditors is a felony and shall be prosecuted under appropriate State law.
(ORC 2913.45)
945.18 RECEIVING STOLEN PROPERTY.
   (a)   No person shall receive, retain or dispose of property of another, knowing or having reasonable cause to believe that the property has been obtained through commission of a theft offense.
   (b)   It is not a defense to a charge of receiving stolen property in violation of this section that the property was obtained by means other than through the commission of a theft offense if the property was explicitly represented to the accused person as being obtained through the commission of a theft offense.
   (c)   Whoever violates this section is guilty of receiving stolen property, a misdemeanor of the first degree. Receiving stolen property is a felony and shall be prosecuted under appropriate State law if:
      (1)   The value of the property involved is one thousand dollars ($1,000) or more; or
      (2)   The property involved is:
         A.   Listed in Section 945.03; or
         B.   A motor vehicle as defined in Ohio R.C. 4501.01; or
         C.   A dangerous drug as defined in Ohio R.C. 4729.01.
         D.   A special purchase article as defined in Ohio R.C. 4737.04 or a bulk merchandise container as defined in Ohio R.C. 4737.012.
            (ORC 2913.51)
945.19 POSSESSION OF CRIMINAL TOOLS.
   (a)   No person shall possess or have under the person’s control any substance, device, instrument, or article, with purpose to use it criminally.
   (b)   Each of the following constitutes prima-facie evidence of criminal purpose:
      (1)   Possession or control of any dangerous ordnance, or the materials or parts for making dangerous ordnance, in the absence of circumstances indicating the dangerous ordnance, materials, or parts are intended for legitimate use;
      (2)   Possession or control of any substance, device, instrument, or article designed or specially adapted for criminal use;
      (3)   Possession or control of any substance, device, instrument, or article commonly used for criminal purposes, under circumstances indicating the item is intended for criminal use.
   (c)   Whoever violates this section is guilty of possessing criminal tools, a misdemeanor of the first degree. If the circumstances indicate that the substance, device, instrument, or article involved in the offense was intended for use in the commission of a felony, possessing criminal tools is a felony and shall be prosecuted under appropriate State law.
(ORC 2923.24)
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