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ADOPTING ORDINANCE
CHARTER
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
CHAPTER 130: GENERAL PROVISIONS
CHAPTER 131: OFFENSES AGAINST PUBLIC PEACE
CHAPTER 132: OFFENSES AGAINST PUBLIC SAFETY
CHAPTER 133: OFFENSES AGAINST PUBLIC HEALTH
CHAPTER 134: OFFENSES AGAINST PROPERTY
CHAPTER 135: OFFENSES INVOLVING MORALS
CHAPTER 136: OFFENSES AGAINST THE PERSON
CHAPTER 137: OFFENSES INVOLVING MINORS
CHAPTER 138: GAMBLING
CHAPTER 139: DRUG OFFENSES
CHAPTER 140: MISCELLANEOUS
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 134.15 VALUATION OF PROPERTY.
   (A)   If more than one item of property or services is involved in a theft offense or in a violation of R.C. § 1716.14(A)(1) involving a victim who is an elderly person or disabled adult, the value of the property or services involved for the purpose of determining the value is the aggregate value of all property or services involved in the offense.
   (B)   (1)   When a series of offenses under R.C. § 2913.02, or a series of violations of, attempts to commit a violation of, conspiracies to violate, or complicity in violations of R.C. § 1716.14(A), R.C. § 2913.02, 2913.03, or 2913.04, R.C. § 2913.21(B)(1) or (B)(2), or R.C. § 2913.31 or 2913.43 involving a victim who is an elderly person or disabled adult, or any substantially similar municipal ordinance to any of these offenses, is committed by the offender in the offender's same employment, capacity, or relationship to another, all of those offenses shall be tried as a single offense. When a series of offenses under R.C. § 2913.02, or a series of violations of, attempts to commit a violation of, conspiracies to violate, or complicity in violations of R.C. § 2913.02 or 2913.43 involving a victim who is an active duty service member or spouse of an active duty service member, or any substantially equivalent municipal ordinance to any of these offenses, is committed by the offender in the offender’s same employment, capacity, or relationship to another, all of those offenses shall be tried as a single offense. The value of the property or services involved in the series of offenses for the purpose of determining the value is the aggregate value of all property and services involved in all offenses in the series.
      (2)   If an offender commits a series of offenses under R.C. § 2913.02 that involves a common course of conduct to defraud multiple victims, all of the offenses may be tried as a single offense. If an offender is being tried for the commission of a series of violations of, attempts to commit a violation of, conspiracies to violate, or complicity in violations of R.C. § 1716.14(A), R.C. § 2913.02, 2913.03, or 2913.04, R.C. § 2913.21(B)(1) or (B)(2), or R.C. § 2913.31 or 2913.43, whether committed against one victim or more than one victim, involving a victim who is an elderly person or disabled adult, or any substantially similar municipal ordinance to any of these offenses, pursuant to a scheme or course of conduct, all of those offenses may be tried as a single offense. If an offender is being tried for the commission of a series of violations of, attempts to commit a violation of, conspiracies to violate, or complicity in violations of R.C. § 2913.02 or 2913.43, or any substantially equivalent municipal ordinance to any of these offenses, whether committed against one victim or more than one victim, involving a victim who is an active duty service member or spouse of an active duty service member pursuant to a scheme or course of conduct, all of those offenses may be tried as a single offense. If the offenses are tried as a single offense, the value of the property or services involved for the purpose of determining the value is the aggregate value of all property and services involved in all of the offenses in the course of conduct.
      (3)   When a series of two or more offenses under R.C. § 2913.40, 2913.48, or 2921.41 is committed by the offender in the offender’s same employment, capacity, or relationship to another, all of those offenses may be tried as a single offense. If the offenses are tried as a single offense, the value of the property or services involved for the purpose of determining the value as required by R.C. § 2913.61(A) is the aggregate value of all property and services involved in all of the offenses in the series of two or more offenses.
      (4)   In prosecuting a single offense under division (B)(1), (B)(2) or (B)(3) of this section, it is not necessary to separately allege and prove each offense in the series. Rather, it is sufficient to allege and prove that the offender, within a given span of time, committed one or more theft offenses or violations of R.C. § 2913.40, 2913.48, or 2921.41 in the offender's same employment, capacity, or relationship to another as described in division (B)(1) or (B)(3) of this section, or committed one or more theft offenses that involve a common course of conduct to defraud multiple victims or a scheme or course of conduct as described in division (B)(2) of this section. While it is not necessary to separately allege and prove each offense in the series in order to prosecute a single offense under division (B)(1), (B)(2), or (B)(3) of this section, it remains necessary in prosecuting them as a single offense to prove the aggregate value of the property or services in order to meet the requisite statutory offense level sought by the prosecution.
   (C)   The following criteria shall be used in determining the value of property or services involved in a theft offense:
      (1)   The value of an heirloom, memento, collector's item, antique, museum piece, manuscript, document, record, or other thing that has intrinsic worth to its owner and that either is irreplaceable or is replaceable only on the expenditure of substantial time, effort, or money, is the amount which would compensate the owner for its loss.
      (2)   The value of personal effects and household goods, and of materials, supplies, equipment, and fixtures used in the profession, business, trade, occupation, or avocation of its owner, which property is not covered under division (C)(1) of this section, and which retains substantial utility for its purpose regardless of its age or condition, is the cost of replacing such property with new property of like kind and quality.
      (3)   The value of any real or personal property that is not covered under division (C)(1) or (2) of this section, and the value of services, is the fair market value of the property or services. As used in this section, FAIR MARKET VALUE is the money consideration which a buyer would give and a seller would accept for property or services, assuming that the buyer is willing to buy and the seller is willing to sell, that both are fully informed as to all facts material to the transaction, and that neither is under any compulsion to act.
   (D)   Without limitation on the evidence which may be used to establish the value of property or services involved in a theft offense:
      (1)   When the property involved is personal property held for sale at wholesale or retail, the price at which the property was held for sale is prima facie evidence of its value.
      (2)   When the property involved is a security or commodity traded on an exchange, the closing price or, if there is no closing price, the asked price, given in the latest marked quotation prior to the offense, is prima facie evidence of the value of the security or commodity.
      (3)   When the property involved is livestock, poultry, or raw agricultural products for which a local market price is available, the latest local market price prior to the offense is prima facie evidence of the value of the livestock, poultry, or products.
      (4)   When the property involved is a negotiable instrument, the face value is prima facie evidence of the value of the instrument.
      (5)   When the property involved is a warehouse receipt, bill of lading, pawn ticket, claim check, or other instrument entitling the holder or bearer to receive property, the face value or, if there is no face value, the value of the property covered by the instrument less any payment necessary to receive the property, is prima facie evidence of the value of the instrument.
      (6)   When the property involved is a ticket of admission, ticket for transportation, coupon, token, or other instrument entitling the holder or bearer to receive property or services, the face value or, if there is no face value, the value of the property or services which may be received by the instrument is prima facie evidence of the value of the instrument.
      (7)   When the services involved are gas, electricity, water, telephone, transportation, shipping, or other services for which the rate is established by law, the duly established rate is prima facie evidence of the value of the services.
      (8)   When the services involved are services for which the rate is not established by law, and the offender has been notified prior to the offense of the rate for the services, either in writing, or orally, or by posting in a manner reasonably calculated to come to the attention of potential offenders, the rate contained in the notice is prima facie evidence of the value of the services.
(R.C. § 2913.61(B) - (E))
§ 134.16 EXCLUSIONS.
   Regardless of the value of the property involved, and regardless of whether the offender previously has been convicted of a theft offense, a violation of §§ 134.06 through 134.13 or 134.20 through 134.22 is a felony of the fifth degree if the property involved is any of the following:
   (A)   A credit card;
   (B)   A printed form for a check or other negotiable instrument, which on its face identifies the drawer or maker for whose use it is designed or identifies the account on which it is to be drawn, and that has not been executed by the drawer or maker or on which the amount is blank;
   (C)   A motor vehicle identification license plate as prescribed by R.C. § 4503.22, a temporary motor vehicle license registration as prescribed by R.C. § 4503.182, or any comparable temporary motor vehicle license registration as prescribed by the applicable law of another state or the United States;
   (D)   A blank form for a certificate of title or a manufacturer's or importer's certificate to a motor vehicle, as prescribed by R.C. § 4505.07;
   (E)   A blank form for any license listed in R.C. § 4507.01.
(R.C. § 2913.71) (Ord. 64-1973, passed 1-7-74)
§ 134.17 INJURING VINES, BUSHES, TREES, OR CROPS.
   (A)   No person, without privilege to do so, shall recklessly cut down, destroy, girdle, or otherwise injure a vine, bush, shrub, sapling, tree, or crop standing or growing on the land of another or upon public land.
   (B)   In addition to the penalty provided in division (C) of this section, whoever violates this section is liable in treble damages for the injury caused.
   (C)   Whoever violates this section is guilty of a misdemeanor of the fourth degree.
(R.C. §§ 901.51, 901.99) (Ord. 64-1973, passed 1-7-74) Penalty, see § 130.99
§ 134.18 ARSON.
   (A)   No person, by means of fire or explosion, shall knowingly do any of the following:
      (1)   Cause, or create a substantial risk of, physical harm to any property of another without the other person’s consent;
      (2)   Cause, or create a substantial risk of, physical harm to any property of the offender or another, with purpose to defraud;
      (3)   Cause, or create a substantial risk of, physical harm to the statehouse or a courthouse, school building, or other building or structure that is owned or controlled by the state, any political subdivision, or any department, agency, or instrumentality of the state or a political subdivision, and that is used for public purposes;
      (4)   Cause, or create a substantial risk of, physical harm, through the offer or the acceptance of an agreement for hire or other consideration, to any property of another without the other person’s consent or to any property of the offender or another with purpose to defraud;
      (5)   Cause, or create a substantial risk of, physical harm to any park, preserve, wildlands, brush-covered land, cut-over land, forest, timberland, greenlands, woods, or similar real property that is owned or controlled by another person, the state, or a political subdivision without the consent of the other person, the state, or the political subdivision;
      (6)   With purpose to defraud, cause, or create a substantial risk of, physical harm to any park, preserve, wildlands, brush-covered land, cut-over land, forest, timberland, greenlands, woods, or similar real property that is owned or controlled by the offender, another person, the state, or a political subdivision.
   (B)   No person, by means of fire or explosion, shall knowingly do any of the following:
      (1)   Cause, or create a substantial risk of, physical harm to any structure of another that is not an occupied structure;
      (2)   Cause, or create a substantial risk of, physical harm, through the offer or the acceptance of an agreement for hire or other consideration, to any structure of another that is not an occupied structure;
      (3)   Cause, or create a substantial risk of, physical harm to any structure that is not an occupied structure and that is in or on any park, preserve, wildlands, brush-covered land, cut-over land, forest, timberland, greenlands, woods, or similar real property that is owned or controlled by another person, the state, or a political subdivision.
   (C)   (1)   It is an affirmative defense to a charge under division (B)(1) or (B)(2) of this section that the defendant acted with the consent of the other person.
      (2)   It is an affirmative defense to a charge under division (B)(3) of this section that the defendant acted with the consent of the other person, the state, or the political subdivision.
   (D)   (1)   Whoever violates this section is guilty of arson.
      (2)   A violation of division (A)(1) or (B)(1) of this section is one of the following:
         (a)   Except as otherwise provided in division (D)(2)(b) of this section, a misdemeanor of the first degree;
         (b)   If the value of the property or the amount of the physical harm involved is $1,000 or more, a felony to be prosecuted under appropriate state law.
      (3)   A violation of division (A)(2), (A)(3), (A)(4), (A)(5), (A)(6), (B)(2) or (B)(3) of this section is a felony to be prosecuted under appropriate state law.
(R.C. § 2909.03) (Ord. 26-1983, passed 4-18-83) Penalty, see § 130.99
Statutory reference:
   Aggravated arson, felony provisions, see R.C. § 2909.02
   Arson, felony provisions, see generally R.C. § 2909.03
   Arson offender registration, see R.C. §§ 2909.13, 2909.14 and 2909.15
   Convicted arsonist to make restitution to public agency, see R.C. § 2929.28
§ 134.19 DETERMINING PROPERTY VALUE OR AMOUNT OF PHYSICAL HARM.
   (A)   The following criteria shall be used in determining the value of property or amount of physical harm involved in a violation of § 134.18:
      (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 § 134.15.
   (C)   Prima facie evidence of the value of property, as provided in § 134.15(E), may be used to establish the value of property pursuant to this section.
(R.C. § 2909.11(B) - (D))
§ 134.20 TAMPERING WITH RECORDS.
   (A)   No person, knowing that he or she has no privilege to do so, and with purpose to defraud or knowing that he or she is facilitating a fraud, shall do any of the following:
      (1)   Falsify, destroy, remove, conceal, alter, deface, or mutilate any writing, computer software, data, or record;
      (2)   Utter any writing or record, knowing it to have been tampered with as provided in division (A)(1) of this section.
   (B)   Whoever violates this section is guilty of tampering with records.
      (1)   Except as provided in division (B)(3) of this section, if the offense does not involve data or computer software, tampering with records is whichever of the following is applicable:
         (a)   If division (B)(1)(b) of this section does not apply, it is a misdemeanor of the first degree.
         (b)   If the writing or record is a will unrevoked at the time of the offense it is a felony to be prosecuted under appropriate state law.
      (2)   Except as provided in division (B)(3) of this section, if the offense involves a violation of division (A) of this section involving data or computer software, tampering with records is whichever of the following is applicable:
         (a)   Except as otherwise provided in division (B)(2)(b) of this section, it is a misdemeanor of the first degree;
         (b)   If the value of the data or computer software involved in the offense or the loss to the victim is $1,000 or more or if the offense is committed for the purpose of devising or executing a scheme to defraud or to obtain property or services and the value of the property or services or the loss to the victim is $7,500 or more, it is a felony to be prosecuted under appropriate state law.
      (3)   If the writing, data, computer software, or record is kept by or belongs to a local, state, or federal governmental entity, it is a felony to be prosecuted under appropriate state law.
(R.C. § 2913.42) Penalty, see § 130.99
§ 134.21 SECURING WRITINGS BY DECEPTION.
   (A)   No person, by deception, shall cause another to execute any writing that disposes of or encumbers property, or by which a pecuniary obligation is incurred.
   (B)   Whoever violates this section is guilty of securing writings by deception. Except as otherwise provided in this division, securing writings by deception is a misdemeanor of the first degree. If the value of the property or the obligation involved is $1,000 or more, securing writings by deception is a felony to be prosecuted under appropriate to state law. If the victim of the offense is an elderly person, disabled adult, active duty service member, or spouse of an active duty service member, securing writings by deception is a felony to be prosecuted under appropriate state law.
(R.C.§ 2913.43) Penalty, see § 130.99
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