541.11 CRIMINAL MISCHIEF.
   (a)   No person shall:
      (1)   Without privilege to do so, knowingly move, deface, damage, destroy, or otherwise improperly tamper with the property of another;
      (2)   With purpose to interfere with the use or enjoyment of property of another, employ a tear gas device, stink bomb, smoke generator, or other device releasing a substance that is harmful or offensive to persons exposed, or that tends to cause public alarm;
      (3)   Without privilege to do so, knowingly move, deface, damage, destroy, or otherwise improperly tamper with a bench mark, triangulation station, boundary marker, or other survey station, monument, or marker;
      (4)   Without privilege to do so, knowingly move, deface, damage, destroy, or otherwise improperly tamper with any safety device, the property of another, or the property of the offender when required or placed for the safety of others, so as to destroy or diminish its effectiveness or availability for its intended purpose;
      (5)   With purpose to interfere with the use or enjoyment of the property of another, set a fire on the land of another or place personal property that has been set on fire on the land of another, which fire or personal property is outside and apart from any building, other structure, or personal property that is on that land.
(Adopting Ordinance)
      (6)   Without privilege to do so, place graffiti, whether by paint, ink or any other means, upon any public or private property. As used in this paragraph, "graffiti" means any drawing or inscription scratched, painted, drawn or otherwise placed on stone, plaster or other surface where it can be seen by the public and is not authorized by law.
(Ord. 209-1994. Passed 9-6-94.)
   (b)   As used in this section, "safety device" means any fire extinguisher, fire hose, or fire axe, or any fire escape, emergency exit, or emergency escape equipment, or any life line, life-saving ring, life preserver, or life boat or raft, or any alarm, light, flare, signal, sign, or notice intended to warn of danger or emergency, or intended for other safety purposes, or any guard railing or safety barricade, or any traffic sign or signal, or any railroad grade crossing sign, signal, or gate, or any first aid or survival equipment, or any other device, apparatus, or equipment intended for protecting or preserving the safety of persons or property.
(Adopting Ordinance)
   (c)   Whoever violates division (a)(6) hereof is guilty of a misdemeanor of the first degree and shall be subject to the penalty provided in Section 599.02. In addition to the penalties prescribed in division (d) hereof, the responsible party shall be required to pay for the costs of removing the graffiti and repairing the surface. In the event a juvenile is responsible, his or her parents or legal guardian(s) shall be required to pay all removal and/or repair costs.
(Ord. 209-1994. Passed 9-6-94.)
   (d)   Except as otherwise provided in division (c) hereof, whoever violates this section is guilty of criminal mischief, a misdemeanor of the third degree. If violation of this section creates a risk of physical harm to any person, criminal mischief is a misdemeanor of the first degree. If the property involved in violation of this section is an aircraft, an aircraft engine, propeller, appliance, spare part, fuel, lubricant, hydraulic fluid, any other equipment, implement, or material used or intended to be used in the operation of an aircraft, or any cargo carried or intended to be carried in an aircraft and if the violation creates a risk of physical harm to any person, criminal mischief is a felony to be prosecuted under appropriate State law. If the property involved in a violation of this section is an aircraft, an aircraft engine, propeller, appliance, spare part, or any other equipment or implement used or intended to be used in the operation of an aircraft and if the violation creates a substantial risk of physical harm to any person or if the property involved in a violation of this section is an occupied aircraft, criminal damaging or endangering is a felony to be prosecuted under appropriate State law.
(ORC 2909.07)