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(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.
(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 five hundred dollars ($500.00) 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)
(a) No person, with purpose to defraud or knowing that the person is facilitating a fraud shall do any of the following:
(1) Receive workers’ compensation benefits to which the person is not entitled;
(2) Make or present or cause to be made or presented a false or misleading statement with the purpose to secure payment for goods or services rendered under Ohio R.C. Chapter 4121, 4123, 4127, or 4131 or to secure workers’ compensation benefits;
(3) Alter, falsify, destroy, conceal, or remove any record or document that is necessary to fully establish the validity of any claim filed with, or necessary to establish the nature and validity of all goods and services for which reimbursement or payment was received or is requested from the Bureau of Workers’ Compensation, or a self-insuring employer under Ohio R.C. Chapter 4121, 4123, 4127, or 4131;
(4) Enter into an agreement or conspiracy to defraud the Bureau of Workers’ Compensation or a self-insuring employer by making or presenting or causing to be made or presented a false claim for workers’ compensation benefits.
(5) Make or present or cause to be made or presented a false statement concerning manual codes, classification or employees, payroll, paid compensation, or number of personnel, when information of that nature is necessary to determine the actual workers’ compensation premium or assessment owed to the Bureau by an employer;
(6) Alter, forge, or create a workers’ compensation certificate or falsely show current or correct workers’ compensation coverage;
(7) Fail to secure or maintain workers’ compensation coverage as required by Ohio R.C. Chapter 4123 with the intent to defraud the Bureau of Workers’ Compensation.
(b) Whoever violates this section is guilty of workers' compensation fraud. Except as otherwise provided in this division, workers' compensation fraud is a misdemeanor of the first degree. If the value of premiums and assessments unpaid pursuant to actions described in divisions (a)(5), (a)(6), or (a)(7) of this section, or goods, services, property, or money stolen is five hundred dollars ($500.00) or more, workers' compensation fraud is a felony to be prosecuted under appropriate State law.
(c) Upon application of the governmental body that conducted the investigation and prosecution of a violation of this section, the court shall order the person who is convicted of the violation to pay the governmental body its costs of investigating and prosecuting the case. These costs are in addition to any other costs or penalty provided under Federal, State or local law.
(d) The remedies and penalties provided in this section are not exclusive remedies and penalties and do not preclude the use of any other criminal or civil remedy or penalty for any act that is in violation of this section.
(e) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) "Claim" means any attempt to cause the Bureau of Workers’ Compensation, an independent third party with whom the administrator or an employer contracts under Ohio R.C. 4121.44, or a self-insuring employer to make payment or reimbursement for workers’ compensation benefits.
(2) "Employer," "employee," and "self-insuring employer" have the same meanings as in Ohio R.C. 4123.01.
(3) "Employment" means participating in any trade, occupation, business, service, or profession for substantial gainful remuneration.
(4) "False" means wholly or partially untrue or deceptive.
(5) "Goods" includes but is not limited to medical supplies, appliances, rehabilitative equipment, and any other apparatus or furnishing provided or used in the care, treatment, or rehabilitation of a claimant for workers’ compensation benefits.
(6) "Records" means any medical, professional, financial, or business record relating to the treatment or care of any person, to goods or services provided to any person, or to rates paid for goods or services provided to any person, or any record that the administrator of workers’ compensation requires pursuant to rule.
(7) "Remuneration" includes but is not limited to wages, commissions, rebates, and any other reward or consideration.
(8) "Services" includes but is not limited to any service provided by any health care provider to a claimant for workers' compensation benefits and any and all services provided by the Bureau as part of workers' compensation insurance coverage.
(9) "Statement" includes but is not limited to any oral, written, electronic, electronic impulse, or magnetic communication notice, letter, memorandum, receipt for payment, invoice, account, financial statement, bill for services; a diagnosis, prognosis, prescription, hospital, medical, or dental chart or other record; and a computer generated document.
(10) "Workers’ compensation benefits" means any compensation or benefits payable under Ohio R.C. Chapter 4121, 4123, 4127, or 4131.
(ORC 2913.48)
(a) As used in this section:
(1) "Medical assistance program" means the program established by the Ohio Department of Job and Family Services to provide medical assistance under Ohio R.C. 5111.01 and the Medicaid program of Title XIX of the Social Security Act, 49 Stat. 620 (1935), 42 U.S.C. 301, as amended.
(2) "Provider" means any person who has signed a provider agreement with the Ohio Department of Job and Family Services to provide goods or services pursuant to the medical assistance program or any person who has signed an agreement with a party to such a provider agreement under which the person agrees to provide goods or services that are reimbursable under the medical assistance program.
(3) "Provider agreement" means an oral or written agreement between the Ohio Department of Job and Family Services and a person in which the person agrees to provide goods or services under the medical assistance program.
(4) "Recipient" means any individual who receives goods or services from a provider under the medical assistance program.
(5) "Records" means any medical, professional, financial or business records relating to the treatment or care of any recipient, to goods or services provided to any recipient, or to rates paid for goods or services provided to any recipient, and any records that are required by the rules of the Ohio Director of Job and Family Services to be kept for the medical assistance program.
(6) "Statement or representation" means any oral, written, electronic, electronic impulse or magnetic communication that is used to identify an item of goods or a service for which reimbursement may be made under the medical assistance program or that states income and expense and is or may be used to determine a rate of reimbursement under the medical assistance program.
(b) No person shall knowingly make or cause to be made a false or misleading statement or representation for use in obtaining reimbursement from the medical assistance program.
(c) No person, with purpose to commit fraud or knowing that the person is facilitating a fraud, shall do either of the following:
(1) Contrary to the terms of the person's provider agreement, charge, solicit, accept or receive for goods or services that the person provides under the medical assistance program any property, money or other consideration in addition to the amount of reimbursement under the medical assistance program and the person's provider agreement for the goods or services and any deductibles or co-payments authorized by Ohio R.C. 5111.0112 or rules adopted pursuant to Ohio R.C. 5111.01, 5111.011, or 5111.02.
(2) Solicit, offer or receive any remuneration, other than any deductibles or co-payments authorized by Ohio R.C. 5111.0112 or rules adopted under Ohio R.C. 5111.01, 5111.011, or 5111.02, in cash or in kind, including, but not limited to, a kickback or rebate, in connection with the furnishing of goods or services for which whole or partial reimbursement is or may be made under the medical assistance program.
(d) No person, having submitted a claim for or provided goods or services under the medical assistance program, shall do either of the following for a period of at least six years after a reimbursement pursuant to that claim, or a reimbursement for those goods or services, is received under the medical assistance program:
(1) Knowingly alter, falsify, destroy, conceal or remove any records that are necessary to fully disclose the nature of all goods or services for which the claim was submitted, or for which reimbursement was received, by the person; or
(2) Knowingly alter, falsify, destroy, conceal or remove any records that are necessary to disclose fully all income and expenditures upon which rates of reimbursements were based for the person.
(e) Whoever violates this section is guilty of medicaid fraud. Except as otherwise provided in this division, medicaid fraud is a misdemeanor of the first degree. If the value of the property, services or funds obtained in violation of this section is five hundred dollars ($500.00) or more, medicaid fraud is a felony to be prosecuted under appropriate State law.
(f) Upon application of the governmental agency, office or other entity that conducted the investigation and prosecution in a case under this section, the court shall order any person who is convicted of a violation of this section for receiving any reimbursement for furnishing goods or services under the medical assistance program to which the person is not entitled to pay to the applicant its cost of investigating and prosecuting the case. The costs of investigation and prosecution that a defendant is ordered to pay pursuant to this division shall be in addition to any other penalties for the receipt of that reimbursement that are provided in this section, Ohio R.C. 2913.40 or 5111.03, or any other provision of law.
(g) The provisions of this section are not intended to be exclusive remedies and do not preclude the use of any other criminal or civil remedy for any act that is in violation of this section.
(ORC 2913.40)
(h) Medicaid Eligibility Fraud.
(1) No person shall knowingly do any of the following in an application for medicaid benefits or in a document that requires a disclosure of assets for the purpose of determining eligibility to receive medicaid benefits:
A. Make or cause to be made a false or misleading statement;
B. Conceal an interest in property;
C. 1. Except as provided in division (h)(1)C.2. of this section, fail to disclose a transfer of property that occurred during the period beginning 36 months before submission of the application or document and ending on the date the application or document was submitted;
2. Fail to disclose a transfer of property that occurred during the period beginning 60 months before submission of the application or document and ending on the date the application or document was submitted and that was made to an irrevocable trust a portion of which is not distributable to the applicant for medicaid benefits or the recipient of medicaid benefits or to a revocable trust.
(2) A. Whoever violates this division (h) is guilty of medicaid eligibility fraud. Except as otherwise provided in this division, a violation of this division (h) is a misdemeanor of the first degree. If the value of the medicaid benefits paid as a result of the violation is five hundred dollars ($500.00) or more, a violation of this division (h) is a felony to be prosecuted under appropriate State law.
B. In addition to imposing a sentence under division (h)(2)A. of this section, the court shall order that a person who is guilty of medicaid eligibility fraud make restitution in the full amount of any medicaid benefits paid on behalf of an applicant for or recipient of medicaid benefits for which the applicant or recipient was not eligible, plus interest at the rate applicable to judgments on unreimbursed amounts from the date on which the benefits were paid to the date on which restitution is made.
C. The remedies and penalties provided in this division (h) are not exclusive and do not preclude the use of any other criminal or civil remedy for any act that is in violation of this division (h).
(3) This division (h) does not apply to a person who fully disclosed in an application for medicaid benefits or in a document that requires a disclosure of assets for the purpose of determining eligibility to receive medicaid benefits all of the interests in property of the applicant for or recipient of medicaid benefits, all transfers of property by the applicant for or recipient of medicaid benefits, and the circumstances of all those transfers.
(4) Any amounts of medicaid benefits recovered as restitution under this division (h) and any interest on those amounts shall be credited to the general revenue fund, and any applicable Federal share shall be returned to the appropriate agency or department of the United States.
(5) For the purpose of this division (h), the following definitions shall apply unless the context clearly indicates or requires a different meaning.
A. "Medicaid benefits" means benefits under the medical assistance program established under Ohio R.C. Chapter 5111.
B. "Property" means any real or personal property or other asset in which a person has any legal title or interest.
(ORC 2913.401)
(a) No person shall possess or have under his or her 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 a dangerous ordnance, in the absence of circumstances indicating the dangerous ordnance, materials or parts are intended for a 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. Except as otherwise provided in this division, possessing criminal tools is 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 to be prosecuted under appropriate State law.
(ORC 2923.24; Ord. 229.1997. Passed 11-17-97; Eff. 12-17-97.)
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