545.05 PETTY THEFT.

   (a)   No person, with purpose to deprive the owner of property or services, shall knowingly obtain or exert control over either the property or services in any of the following ways:

      (1)   Without the consent of the owner or person authorized to give consent;

      (2)   Beyond the scope of the express or implied consent of the owner or person authorized to give consent;

      (3)   By deception;

      (4)   By threat;

      (5)   By intimidation. (Ord. 145-09. Passed 12-14-09.)

   (b)   Whoever violates this section is guilty of petty theft, a misdemeanor of the first degree. Petty theft is a felony and shall be prosecuted under appropriate State law if:

      (1)   The value of the property or services stolen is one thousand dollars ($1,000) or more; or
(Ord. 102-11. Passed 10-11-11.)

      (2)   The victim of the offense is an elderly person, disabled adult, active duty service member, or spouse of an active duty service member, or 

      (3)   The property stolen is a firearm or dangerous ordnance, or

      (4)   The property stolen is a motor vehicle, or

      (5)   The property stolen is any dangerous drug, or

      (6)   The property stolen is a police dog or horse or an assistance dog and the offender knows or should know that the property stolen is a police dog or horse or an assistance dog, or

      (7)   The property stolen is anhydrous ammonia, or

      (8)   The property stolen is a special purpose article as defined in Ohio R.C. 4737.04 or a bulk merchandise container as defined in Ohio R.C. 4737.012. (Ord. 104-14. Passed 11-24-14.)

   (c)   In addition to the penalties described in subsection (b) of this section, if the offender committed the violation by causing a motor vehicle to leave the premises of an establishment at which gasoline is offered for retail sale without the offender making full payment for gasoline that was dispensed into the fuel tank of the motor vehicle or into another container, the court may do one of the following:

      (1)   Unless subsection (c)(2) of this section applies, suspend for not more than six months the offender’s driver’s license, probationary driver’s license, commercial driver’s license, temporary instruction permit, or nonresident operating privilege;

      (2)   If the offender’s driver’s license, probationary driver’s license, commercial driver’s license, temporary instruction permit, or nonresident operating privilege has previously been suspended pursuant to subsection (c)(1) of this section, impose a class seven suspension of the offender’s license, permit, or privilege from the range specified in Ohio R.C. 4510.02(A)(7), provided that the suspension shall be for at least six months.

      (3)   The court, in lieu of suspending the offender’s driver’s or commercial driver’s license, probationary driver’s license, temporary instruction permit, or nonresident operating privilege pursuant to subsections (c)(1) or (2) of this section, instead may require the offender to perform community service for a number of hours determined by the court.

         (Ord. 103-12. Passed 11-26-12.)

   (d)   In addition to the penalties described in subsection (b) hereof, if the offender committed the violation by stealing rented property or rental services, the court may order that the offender make restitution pursuant to Ohio R.C. 2929.18 or 2929.28. Restitution may include, but is not limited to, the cost of repairing or replacing the stolen property, or the cost of repairing the stolen property and any loss of revenue resulting from deprivation of the property due to theft of rental services that is less than or equal to the actual value of the property at the time it was rented. Evidence of intent to commit theft of rented property or rental services shall be determined pursuant to the provisions of Ohio R.C. 2913.72.

   (e)   The sentencing court that suspends an offender’s license, permit, or nonresident operating privilege under subsection (c) of this section may grant the offender limited driving privileges during the period of the suspension in accordance with Ohio R.C. Chapter 4510.

(Ord. 145-09. Passed 12-14-09.)