Skip to code content (skip section selection)
Compare to:
Forest Park Overview
Forest Park, Ohio Code of Ordinances
City of Forest Park, Ohio Code of Ordinances
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
Loading...
§ 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
§ 134.22 DEFRAUDING CREDITORS.
   (A)   No person, with purpose to defraud one or more of his creditors, shall do any of the following:
      (1)   Remove, conceal, destroy, encumber, convey, or otherwise deal with any of the person's property;
      (2)   Misrepresent or refuse to disclose to a fiduciary appointed to administer or manage the person's affairs or estate, the existence, amount, or location of any of the person's property, or any other information regarding the property that the person is legally required to furnish to the fiduciary.
   (B)   Whoever violates this section is guilty of defrauding creditors. Except as otherwise provided in this division, defrauding creditors is a misdemeanor of the first degree. If the value of the property involved is $1,000 or more, defrauding creditors is a felony to be prosecuted under appropriate state law.
(R.C. § 2913.45) Penalty, see § 130.99
§ 134.23 DETENTION AND ARREST OF SHOPLIFTERS AND THOSE COMMITTING MOTION PICTURE PIRACY; PROTECTION OF INSTITUTIONAL PROPERTY.
   (A)   For the purpose of this section, the following definitions shall apply.
      (1)    ARCHIVAL INSTITUTION. Any public or private building, structure, or shelter in which are stored historical documents, devices, records, manuscripts, or items of public interest, which historical materials are stored to preserve the materials or the information in the materials, to disseminate the information contained in the materials, or to make the materials available for public inspection or for inspection by certain persons who have a particular interest in, use for, or knowledge concerning the materials.
      (2)   AUDIOVISUAL RECORDING FUNCTION and FACILITY. Have the same meaning as in R.C. § 2913.07.
      (3)    MUSEUM. Any public or private nonprofit institution that is permanently organized for primarily educational or aesthetic purposes, owns or borrows objects or items of public interest, and cares for and exhibits to the public the objects or items.
      (4)   PRETRIAL DIVERSION PROGRAM. Means a rehabilitative, educational program designed to reduce recidivism and promote personal responsibility that is at least four hours in length and that has been approved by any court in this state.
   (B)   A merchant, or an employee or agent of a merchant, who has probable cause to believe that things offered for sale by a mercantile establishment have been unlawfully taken by a person, may, for the purposes set forth in division (D) below, detain the person in a reasonable manner for a reasonable length of time within the mercantile establishment or its immediate vicinity.
   (C)   Any officer, employee, or agent of a library, museum, or archival institution may, for the purposes set forth in division (D) below or for the purpose of conducting a reasonable investigation of a belief that the person has acted in a manner described in division (C) (1) and (2) below, detain a person in a reasonable manner for a reasonable length of time within, or in the immediate vicinity of, the library, museum, or archival institution, if the officer, employee, or agent has probable cause to believe that the person has either:
      (1)   Without privilege to do so, knowingly moved, defaced, damaged, destroyed, or otherwise improperly tampered with property owned by or in the custody of the library, museum, or archival institution; or
      (2)   With purpose to deprive the library, museum, or archival institution of property owned by it or in its custody, knowingly obtained or exerted control over the property without the consent of the owner or person authorized to give consent, beyond the scope of the express or implied consent of the owner or person authorized to give consent, by deception, or by threat.
   (D)   An officer, agent, or employee of a library, museum, or archival institution pursuant to division (C) above or a merchant or an employee or agent of a merchant pursuant to division (B) above may detain another person for any of the following purposes:
      (1)   To recover the property that is the subject of the unlawful taking, criminal mischief, or theft;
      (2)   To cause an arrest to be made by a peace officer;
      (3)   To obtain a warrant of arrest;
      (4)   To offer the person, if the person is suspected of the unlawful taking, criminal mischief, or theft and notwithstanding any other provision of this Code or the Ohio Revised Code, an opportunity to complete a pretrial diversion program and to inform the person of the other legal remedies available to the library, museum, archival institution, or merchant.
   (E)   The owner or lessee of a facility in which a motion picture is being shown, or the owner’s or lessee’s employee or agent, who has probable cause to believe that a person is or has been operating an audiovisual recording function of a device in violation of R.C. § 2917.07 may, for the purpose of causing an arrest to be made by a peace officer or of obtaining an arrest warrant, detain the person in a reasonable manner for a reasonable length of time within the facility or its immediate vicinity.
   (F)   The officer, agent, or employee of the library, museum, or archival institution, the merchant or an employee or agent of a merchant, or the owner, lessee, employee, or agent of the facility acting under divisions (B), (C) or (D) above shall not search the person detained, search or seize any property belonging to the person detained without the person's consent, or use undue restraint upon the person detained.
   (G)   Any peace officer may arrest without a warrant any person that the officer has probable cause to believe has committed any act described in divisions (C)(1) or (2) above, that the officer has probable cause to believe has committed an unlawful taking in a mercantile establishment, or that the officer has reasonable cause to believe has committed an act prohibited by R.C. § 2913.07. An arrest under this division shall be made within a reasonable time after the commission of the act or unlawful taking.
(R.C. § 2935.041)
Statutory reference:
   Arrest without a warrant generally, see R.C. § 2935.03
   Probable cause, see R.C. § 2933.22
§ 134.24 DAMAGING OR ENDANGERING AIRCRAFT, AIRPORT OPERATIONS.
   (A)   For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      (1)    AIR GUN. A hand pistol or rifle that propels its projectile by means of releasing compressed air, carbon dioxide, or other gas.
      (2)    AIRPORT OPERATIONAL SURFACE. Any surface of land or water that is developed, posted, or marked so as to give an observer reasonable notice that the surface is designed and developed for the purpose of storing, parking, taxiing, or operating aircraft, or any surface of land or water that is actually being used for any of those purposes.
      (3)    FIREARM. Has the same meaning as in R.C. § 2923.11.
      (4)    SPRING-OPERATED GUN. A hand pistol or rifle that propels a projectile not less than four or more than five millimeters in diameter by means of a spring.
   (B)   No person shall do either of the following:
      (1)   Knowingly throw an object at, or drop an object upon, any moving aircraft.
      (2)   Knowingly shoot with a bow and arrow, or knowingly discharge a firearm, air gun, or spring-operated gun, at or toward any aircraft.
   (C)   No person shall knowingly or recklessly shoot with a bow and arrow, or shall knowingly or recklessly discharge a firearm, air gun, or spring-operated gun, upon or over any airport operational surface. This division does not apply to the following:
      (1)   An officer, agent, or employee of this or any other state or the United States, or a law enforcement officer, authorized to discharge firearms and acting within the scope of the officer's, agent's, or employee's duties.
      (2)   A person who, with the consent of the owner or operator of the airport operational surface or the authorized agent of either, is lawfully engaged in any hunting or sporting activity or is otherwise lawfully discharging a firearm.
   (D)   Whoever violates division (B) of this section is guilty of endangering aircraft, a misdemeanor of the first degree. If the violation creates a risk of physical harm to any person or if the aircraft that is the subject of the violation is occupied, endangering aircraft is a felony of the fourth degree, and shall be prosecuted under appropriate state law.
   (E)   Whoever violates division (C) of this section is guilty of endangering airport operations, a misdemeanor of the second degree. If the violation creates a risk of physical harm to any person or substantial risk of serious harm to any person, endangering airport operations is a felony to be prosecuted under appropriate state law. In addition to any other penalty or sanction imposed for the violation, the hunting license or permit of a person who violates division (C) of this section while hunting shall be suspended or revoked pursuant to R.C. § 1533.68.
   (F)   Any bow and arrow, air gun, spring-operated gun, or firearm that has been used in a felony violation of this section, shall be seized or forfeited, and shall be disposed of pursuant to R.C. § 2933.41.
(R.C. § 2909.08) Penalty, see § 130.99
Loading...