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Cleveland, OH Code of Ordinances
CITY OF CLEVELAND, OHIO CODE OF ORDINANCES
CHARTER OF THE CITY OF CLEVELAND
PART ONE: ADMINISTRATIVE CODE
PART TWO: HEALTH CODE
PART THREE: LAND USE CODE
PART FOUR: TRAFFIC CODE
PART FIVE: MUNICIPAL UTILITIES AND SERVICES CODE
PART SIX: OFFENSES AND BUSINESS ACTIVITIES CODE
TITLE I: GENERAL OFFENSES
CHAPTER 601: GENERAL PROVISIONS AND PENALTY
CHAPTER 602 - FACIAL COVERINGS AND SOCIAL DISTANCING DURING THE COVID-19 PANDEMIC
CHAPTER 603 - ANIMALS AND FOWL
CHAPTER 603A - EXOTIC ANIMALS
CHAPTER 604 - DOGS THAT POSE A THREAT TO PUBLIC SAFETY
CHAPTER 605 - DISORDERLY CONDUCT AND ACTIVITY
CHAPTER 607 - DRUG ABUSE CONTROL
CHAPTER 609 - FAMILY OFFENSES
CHAPTER 611 - GAMBLING
CHAPTER 613 - LITTERING
CHAPTER 615 - LAW ENFORCEMENT AND PUBLIC OFFICE
CHAPTER 617 - LIQUOR CONTROL
CHAPTER 618 - LIQUOR PERMIT MANAGER REGISTRY
CHAPTER 619 - OBSCENITY AND SEX OFFENSES
CHAPTER 621 - OFFENSES AGAINST PERSONS
CHAPTER 623 - PROPERTY OFFENSES
CHAPTER 625 - THEFT AND FRAUD
CHAPTER 627 - WEAPONS
CHAPTER 627A - POSSESSION OF FIREARMS BY CHILDREN
CHAPTER 628 - GUN OFFENDER REGISTRY
CHAPTER 629 - SAFETY AND SANITATION
CHAPTER 630 - CRIMINAL ACTIVITY NUISANCES
CHAPTER 631 - RAILROADS
CHAPTER 633 - OBSTRUCTION MARKING AND LIGHTING
TITLE III: CONSUMER PROTECTION
TITLE V: DISCRIMINATION
TITLE VII: BUSINESS REGULATION
TITLE IX: AMUSEMENTS
TITLE VIIA: CLEVELAND NEIGHBORHOOD FORM-BASED CODE
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§ 623.04 Criminal Trespass
   (a)   No person, without privilege to do so, shall do any of the following:
      (1)   Knowingly enter or remain on the land or premises of another;
      (2)   Knowingly enter or remain on the land or premises of another, the use of which is lawfully restricted to certain persons, purposes, modes or hours, when the offender knows he or she is in violation of any such restriction or is reckless in that regard.
      (3)   Recklessly enter or remain on the land or premises of another, as to which notice against unauthorized access or presence is given by actual communication to the offender, or in a manner prescribed by law, or by posting in a manner reasonably calculated to come to the attention of potential intruders, or by fencing or other enclosure manifestly designed to restrict access;
      (4)   Being on the land or premises of another, negligently fail or refuse to leave upon being notified to do so by the owner or occupant, or the agent or servant of either;
      (5)   Knowingly enter or remain in any vacant and vandalized building or structure, including, but not limited to, a formerly occupied residential dwelling or dwelling unit, without having on his or her person the written permission of the owner of such structure granting permission to be in any such building or structure. This paragraph does not apply to governmental officers or employees when carrying out a lawful governmental function.
      (6)   After first being warned to desist, knowingly enter or remain on vacant land of another, or outdoors on the land or premises of another on which any vacant and vandalized building or structure is situated, including, but not limited to, a formerly occupied residential dwelling or dwelling unit, without having on his or her person a writing such as, by way of example only, a contract or work order for work at the land or premises, or a writing signed by the owner, lessee or other person entitled to possession of the land or premises, that shows that the person has a lawful reason to enter or remain there.
   (b)   It is no defense to a charge under this section that the land or premises involved was owned, controlled or in custody of a public agency.
   (c)   It is no defense to a charge under this section that the offender was authorized to enter or remain on the land or premises involved when such authorization was secured by deception.
   (d)   Whoever violates divisions (a)(1), (2), (3) and (4) of this section is guilty of criminal trespass, a misdemeanor of the fourth degree.
   (e)   Whoever violates division (a)(5) of this section is guilty of trespassing on a vacant and vandalized building, a misdemeanor of the first degree.
   (f)   Whoever violates division (a)(6) of this section is guilty of a minor misdemeanor on the first offense and a misdemeanor of the fourth degree on the second and any subsequent offense.
   (g)   As used in this section, “land or premises” includes any land, building, structure of place belonging to, controlled by or in custody of another, and any separate enclosure or room, or portion thereof.
(RC 2911.21; Ord. No. 1076-09. Passed 5-10-10, eff. 5-20-10)
§ 623.041 Aggravated Trespass
   (a)   No person shall enter or remain on the land or premises of another with purpose to commit on that land or those premises a misdemeanor, the elements of which involve causing physical harm to another person or causing another person to believe that the offender will cause physical harm to him or her.
   (b)   Whoever violates this section is guilty of aggravated trespass, a misdemeanor of the first degree.
(RC 2911.211; Ord. No. 1298-93. Passed 6-14-93, eff. 6-23-93)
§ 623.05 Trespass on RTA Property
   (a)   No person shall enter upon any portion of the right-of-way, owned or leased by the Regional Transit Authority or any other transit system, upon which are located rail tracks of any rapid transit system, without proper authority.
   (b)   Whoever violates this section is guilty of trespass on RTA property, a misdemeanor of the fourth degree.
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)
§ 623.06 Destruction of Shrubs, Trees or Crops
   (a)   No person, without privilege to do so, shall recklessly cut down, destroy, girdle or otherwise injure a vine, bush, shrub, sapling, tree or crop standing or growing on the land of another or upon public land.
   (b)   Whoever violates this section is liable in treble damages for the injury caused.
(RC 901.51)
   (c)   Whoever violates this section is guilty of a misdemeanor of the fourth degree.
(RC 901.99(A); Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
§ 623.07 Desecration
   (a)   No person, without privilege to do so, shall purposely deface, damage, pollute or otherwise physically mistreat any of the following:
      (1)   The flag of the United States or of this State;
      (2)   Any public monument;
      (3)   Any historical or commemorative marker, or any structure, Indian mound or earthwork, cemetery thing or site of great historical or archeological interest;
      (4)   A work of art or museum piece;
      (5)   Any other object of reverence or sacred devotion.
   (b)   Whoever violates this section is guilty of desecration. A violation of this section is a misdemeanor of the second degree.
(RC 2927.11; Ord. No. 834-03. Passed 6-10-03, eff. 6-12-03)
§ 623.08 Vandalism of Vacant Buildings and Structures
   (a)   No person shall purposely destroy, injure or deface any vacant building or structure or units therein, or purposely remove therefrom any interior or exterior fixtures or portions thereof, so as to cause physical harm to such buildings, structures or units therein.
   (b)   No person shall purposely attempt to destroy, injure or deface any vacant building or structure or units thereon, or purposely attempt to remove therefrom any fixtures or portions thereof, so as to cause physical harm to such buildings, structures or units thereon.
   (c)   The provisions of this section are not applicable to any governmental agency, or its employees, acting within the scope of their official duties and according to law, or to any lawful owner of such premises or agent of such owners, acting according to law and so as not to create a nuisance or unsafe structure.
   (d)   Notwithstanding the provisions of Section 601.99(a), whoever violates this section shall be guilty of vandalism of vacant buildings and structures, a first- degree misdemeanor and fined not less than five hundred dollars ($500.00), nor more than one thousand dollars ($1,000.00) and imprisoned not less than thirty (30) days nor more than one hundred and eighty (180) days.
   If the person has been previously convicted of violating this section he or she shall receive the mandatory maximum sentence and be fined one thousand dollars ($1,000.00) and imprisoned one hundred and eighty (180) days.
   No portion of the minimum sentences imposed by this section shall be subject to reduction in any manner.
(Ord. No. 1965-06. Passed 12-11-06, eff. 12-15-06)
§ 623.09 War Memorial Vandalism
   (a)   No person shall wilfully or maliciously defile, mar, injure, deface, mutilate, sit or walk upon any portion of, or deposit or throw any object into or at the War Memorial Fountain.
   (b)   Whoever violates this section is guilty of war memorial vandalism a misdemeanor of the first degree.
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)
§ 623.091 Vandalism to Police and Firefighter Memorials
   (a)   No person shall purposely mar, injure, deface, damage or otherwise physically mistreat the Police Memorial or Firefighter Memorial.
   (b)   Whoever violates this section is guilty of desecration, a misdemeanor of the second degree.
(Ord. No. 1569-01. Passed 8-15-01, eff. 8-24-01)
§ 623.10 Spray Painting Property
   (a)   No person shall intentionally, maliciously or recklessly destroy, damage or deface in any way any public or private property by the use of spray paint or any other paint or any other similar substance. Public or private property shall include, but not be limited to, the following:
      (1)   Public or private buildings, including sidewalks about such grounds and all appurtenances thereto, fences or trees;
      (2)   Public street lights, fire hydrants, pumps, fountains, inlets, manholes or sewer ventilators, waste containers, and noise walls;
      (3)   Telephone or telegraph wires or electric wires of any kind or the poles sustaining or attaching thereto;
      (4)   Statues, monuments or plaques;
      (5)   Official notices or signs posted by the State, the City or any other public agency;
      (6)   Any property, including vehicles, seats, equipment, buildings, and bus stops owned by the Regional Transit Authority or any other public transportation system.
   (b)   (1)   Whoever violates this section is guilty of spray painting property, a misdemeanor of the first degree.
      (2)   In addition to any other penalty imposed, as a separate and independent penalty, whoever violates this section shall be ordered to either, (i) make restitution by monetary payment for the loss or damage incurred on the property at that location where the offender committed the violation or, (ii) at his or her own cost, remove the spray paint from the property at that location where the offender committed the violation and to restore by physical labor the property to its former condition; and, also at his or her own cost, to perform one hundred (100) hours of community service removing spray paint from other public or private property.
(Ord. No. 167-13. Passed 4-15-13, eff. 4-19-13)
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