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(a) The following criteria shall be used in determining the value of property or amount of physical harm involved in a violation of Section 541.09:
(1) If the property is an heirloom, memento, collector’s item, antique, museum piece, manuscript, document, record, or other thing that is either irreplaceable or is replaceable only on the expenditure of substantial time, effort, or money, the value of the property or the amount of physical harm involved is the amount that would compensate the owner for its loss.
(2) If the property is not covered under division (a)(1) of this section, and the physical harm is such that the property can be restored substantially to its former condition, the amount of physical harm involved is the reasonable cost of restoring the property.
(3) If the property is not covered under division (a)(1) of this section, and the physical harm is such that the property cannot be restored substantially to its former condition, the value of the property, in the case of personal property, is the cost of replacing the property with new property of like kind and quality, and in the case of real property or real property fixtures, is the difference in the fair market value of the property immediately before and immediately after the offense.
(b) As used in this section, "fair market value" has the same meaning as in Ohio R.C. 2913.61.
(c) Prima facie evidence of the value of property, as provided in Ohio R.C. 2913.61(D), may be used to establish the value of property pursuant to this section.
(ORC 2909.11(B) - (D))
(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, 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, 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)
(EDITOR'S NOTE: Section 541.27 was repealed as part of the 1998 updating and revision of these Codified Ordinances because of 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.)
(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)
(a) No person, who is not an agent or employee of the City, shall be permitted to open, close, tamper with or molest fire hydrants, pipes, mains, connections, valves or any other appliance connected with or used by the City for furnishing water to the inhabitants, unless the person secures the permission of the Fire Chief.
(b) No person not an employee or officer of the City shall be permitted to use the water from the mains, pipes, conduits, etc., of the streets of the City without paying therefor and complying with the rules and regulations prescribed by the Fire Chief.
(Ord. 5064. Passed 3-15-26.)
(c) Whoever violates any of the provisions of this section is guilty of a misdemeanor of the first degree and shall be subject to the penalty provided in Section 599.02.
(a) On Private Property.
(1) No person shall stick or post any advertisement, poster, sign, handbill or placard of any description upon any building, vehicle, tree, post, fence, billboard or any other structure or thing whatever, which is the private property of another, without permission of the occupant or owner of the same. No person shall paint, mark, write, print, impress or in any manner attach any notice or advertisement or the name of any commodity or thing or any trade mark, symbol or figure of any kind upon anything whatever, which is the property of another, without first obtaining permission of the owner of such thing on which he or she desires to place such notice, advertisement, name, mark or figure.
(2) No person shall erect, or permit to be erected, any sign or billboard in violation of the City Zoning Code.
(b) On Public Property. No person shall stick, post or attach any advertisement, poster, sign, handbill or placard of any kind or description upon any telegraph, telephone, railway or electric light pole within the corporate limits or upon any public building, vehicle, voting booth, flagging, curb, tree lawn, walk, step, stone or sidewalk, or write, print, impress or in any manner attach any notice or advertisement of any kind upon any public building, voting booth, flagging, curb, tree lawn, step, stone or sidewalk, the property of the Municipality or within the streets lines of the Municipality or over which the Municipality or Council has the care, custody or control, except such as may be required by the laws of the State or upon written permission of the Mayor.
(Ord. 178-1959. Passed 9-14-59.)
(c) Fraudulent Advertising.
(1) No person, firm or corporation shall, directly or indirectly, make, publish, disseminate, circulate or place before the public in a newspaper, magazine or other publication, or in the form of a book, notice, handbill, poster, circular, pamphlet, letter, sign, placard, card, label or over any radio station or in any other way, an advertisement or announcement of any sort regarding merchandise, securities, service, employment, real estate or anything of value offered by such person, firm or corporation for use, purchase or sale, which advertisement or announcement contains any assertion, representation or statement which is untrue or fraudulent.
(2) No person, firm or corporation shall, in any manner or by any means of advertisement or other means of communication, offer for sale in this City any merchandise, commodity or service as part of a plan or scheme with the intent, design or purpose not to sell the merchandise, commodity or service so advertised at the price stated therein, or with the intent, design or purpose not to sell the merchandise, commodity or service so advertised.
(3) Nothing in this section shall apply to any visual or sound radio broadcasting stations, to a telephone company offering announcement service according to tariffs filed with the Public Utilities Commission of Ohio, or to any publisher or printer of a newspaper, magazine or other form of printed advertising, who or which broadcasts, publishes or prints such advertisement in good faith without knowledge of its false, deceptive or misleading character.
(Ord. 118-1965. Passed 6-21-65.)
(d) Penalty. Whoever violates any of the provisions of this section is guilty of a misdemeanor of the first degree and shall be subject to the penalty provided in Section 599.02.
(a) No person, other than the owner thereof, shall remove any shopping cart from the premises of any shop, store, grocery or supermarket. "Premises" includes parking lots adjacent thereto.
(b) No person shall abandon any shopping cart from a shop, store, grocery or supermarket on any street, alley, sidewalk or other place within the City. Carts found on adjacent public parking lots shall be considered on the premises and not abandoned.
(c) Any shopping cart found abandoned on any street, alley, sidewalk or other public place may be impounded by the police, who will then notify the owner thereof. Such carts may be reclaimed by the owner upon payment of five dollars ($5.00). Thirty days after notice to the owner, any unclaimed carts may be disposed of by the City. Any cart, the ownership of which cannot be determined, may be disposed of by the City thirty days after being impounded.
(Ord. 73-1963. Passed 4-15-63.)
(d) Whoever violates any of the provisions of this section is guilty of a misdemeanor of the first degree and shall be subject to the penalty provided in Section 599.02.
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