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Elyria Overview
Elyria, OH Code of Ordinances
CODIFIED ORDINANCES OF THE CITY OF ELYRIA, OHIO
DIRECTORY OF OFFICIALS (2024)
PRELIMINARY UNIT
CHARTER OF THE CITY OF ELYRIA, OHIO
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
CHAPTER 501 General Provisions and Penalty
CHAPTER 505 Animals and Fowl
CHAPTER 509 Disorderly Conduct and Peace Disturbance
CHAPTER 513 Drug Abuse Control
CHAPTER 517 Gambling
CHAPTER 521 Health, Safety and Sanitation
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 533 Obscenity and Sex Offenses
CHAPTER 537 Offenses Against Persons
CHAPTER 541 Property Offenses
CHAPTER 545 Theft and Fraud
CHAPTER 549 Weapons and Explosives
CHAPTER 553 Trees, Weeds and Grasses
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
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545.18 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. Except as otherwise provided in this division, receiving stolen property is a misdemeanor of the first degree. If any of the following criteria are met, then a violation of this section is a felony to be prosecuted under appropriate State law:
      (1)   The value of the property involved is one thousand dollars ($1,000) or more;
      (2)   The property involved is any of the property listed in Ohio R.C. 2913.71;
      (3)   The property involved is a firearm or dangerous ordnance, as defined in Ohio R.C. 2923.11;
      (4)   The property involved is a motor vehicle as defined in Ohio R.C. 4501.01;
      (5)   The property involved is any dangerous drug, as defined in Ohio R.C. 4729.01; or
      (6)   The property involved in violation of this section is a special purchase article as defined in R.C. § 4737.04 or a bulk merchandise container as defined in R.C. § 4737.012.
(ORC 2913.51)
545.19 THEFT OF C.A.T.V. (REPEALED)
   (EDITOR'S NOTE: Section 545.19 was repealed as part of the 1985 updating and revision of these Codified Ordinances because substantially equivalent State law (Ohio R.C. 4933.42 and 4933.99(A)) was repealed by the Ohio General Assembly by Sub. S.B. No. 183, effective September 26, 1984. See Sections 545.01 and 545.05.)
545.20 PROSECUTIONS FOR THEFT OF UTILITIES.
   (a)   In a prosecution for a theft offense, as defined in Ohio R.C. 2913.01, that involves alleged tampering with a gas, electric, steam or water meter, conduit or attachment of a utility that has been disconnected by the utility, proof that a meter, conduit or attachment of a utility has been tampered with is prima facie evidence that the person who is obligated to pay for the service rendered through the meter, conduit or attachment, and who is in possession or control of the meter, conduit or attachment at the time the tampering occurred has caused the tampering with intent to commit a theft offense.
   (b)   In a prosecution for a theft offense, as defined in Ohio R.C. 2913.01, that involves the alleged reconnection of a gas, electric, steam or water meter, conduit or attachment of a utility that has been disconnected by the utility, proof that a meter, conduit or attachment disconnected by a utility has been reconnected without the consent of the utility is prima facie evidence that the person in possession or control of the meter, conduit or attachment at the time of the reconnection has reconnected the meter, conduit or attachment with intent to commit a theft offense.
   (c)   As used in this section:
      (1)   “Utility” means any electric light company, gas company, natural gas company, pipe-line company, water-works company or heating or cooling company, as defined in Ohio R.C. 4905.03(C), (D), (E), (F), (G), or (H), its lessees, trustees or receivers, or any similar utility owned or operated by a political subdivision.
      (2)   “Tamper” means to interfere with, damage or bypass a utility meter, conduit or attachment with the intent to impede the correct registration of a meter or the proper functions of a conduit or attachment so as to reduce the amount of utility service that is registered on the meter.
(ORC 4933.18)
   (d)   Each electric light company, gas company, natural gas company, pipeline company, waterworks company or heating or cooling company, as defined by Ohio R.C. 4905.03(C), (D), (E), (F), (G), or (H), or its lessees, trustees or receivers, and each similar utility owned or operated by a political subdivision, shall notify its customers, on an annual basis, that tampering with or bypassing a meter constitutes a theft offense that could result in the imposition of criminal sanctions.
(ORC 4933.19)
545.21 FOOD STAMPS. (REPEALED)
   (EDITOR'S NOTE: Section 545.21 was repealed as part of the 1998 updating and revision of these Codified Ordinances because a violation of substantially equivalent State law (Ohio R.C. 2913.46) was made a felony by the Ohio General Assembly by Am. Sub. S.B. No. 269, effective June 28, 1996, and July 1, 1996.)
545.22 INSURANCE FRAUD.
   (a)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      (1)   "Data" has the same meaning as in Ohio R.C. 2913.01 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 Ohio R.C. Title 39, 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. Except as otherwise provided in this division, insurance fraud is a misdemeanor of the first degree. If the amount of the claim that is false or deceptive is one thousand dollars ($1,000) or more, insurance fraud is a felony to 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)
545.23 FALSE STATEMENTS ALLEGING THEFT OF MOTOR VEHICLES. (REPEALED)
   (EDITOR'S NOTE: Section 543.23 was repealed as part of the 1986 updating and revision of these Codified Ordinances because substantially equivalent State law (Ohio R.C. 2913.48) was repealed by the Ohio General Assembly by Am. Sub. H.B. 632, effective March 28, 1985.)
545.24 MISCONDUCT INVOLVING A PUBLIC TRANSPORTATION SYSTEM.
   (a)   As used in this section, "public transportation system" means a county transit system operated in accordance with Ohio R.C. 306.01 to 306.13, a regional transit authority operated in accordance with Ohio R.C. 306.30 to 306.71, or a regional transit commission operated in accordance with Ohio R.C. 306.80 to 306.90.
   (b)   No person shall evade the payment of the known fares of a public transportation system.
   (c)   No person shall alter any transfer, pass, ticket or token of a public transportation system with the purpose of evading the payment of fares or of defrauding the system.
   (d)   No person shall do any of the following while in any facility or on any vehicle of a public transportation system:
      (1)   Play sound equipment without the proper use of a private earphone;
      (2)   Smoke, eat or drink in any area where the activity is clearly marked as being prohibited; or
      (3)   Expectorate upon a person, facility or vehicle.
   (e)   No person shall write, deface, draw or otherwise mark on any facility or vehicle of a public transportation system.
   (f)   No person shall fail to comply with a lawful order of a public transportation system police officer, and no person shall resist, obstruct or abuse a public transportation police officer in the performance of the officer's duties.
   (g)   Whoever violates any of the provisions of this section is guilty of misconduct involving a public transportation system.
      (1)   A violation of division (b), (c) or (f) of this section is a misdemeanor of the fourth degree.
      (2)   A violation of division (d) of this section is a minor misdemeanor on a first offense. If a person previously has been convicted of or pleaded guilty to a violation of any division of this section or of a Municipal ordinance that is substantially equivalent to any division of this section, a violation of division (d) of this section is a misdemeanor of the fourth degree.
      (3)   A violation of division (e) of this section is a misdemeanor of the third degree.
   (h)   Notwithstanding any other provision of law, 75% of each fine paid to satisfy a sentence imposed for a violation of any of the provisions of this section shall be deposited into the treasury of the County and 25% shall be deposited with the county transit board, regional transit authority or regional transit commission that operates the public transportation system involved in the violation, unless the Board of County Commissioners operates the public transportation system, in which case 100% of each fine shall be deposited into the treasury of the County.
(ORC 2917.41)
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