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Kirtland Overview
Kirtland, OH Code of Ordinances
CITY OF KIRTLAND, OHIO CODE OF ORDINANCES
CITY OF KIRTLAND DIRECTORY OF OFFICIALS (2018)
CHARTER OF THE CITY OF KIRTLAND, OHIO
PART TWO - ADMINISTRATION CODE
PART FOUR: TRAFFIC CODE
PART SIX - GENERAL OFFENSES CODE
CHAPTER 606: GENERAL PROVISIONS, ADMINISTRATION AND ENFORCEMENT
CHAPTER 612: ALCOHOLIC BEVERAGES
CHAPTER 618: ANIMALS
CHAPTER 624: DRUGS
CHAPTER 630: GAMBLING
CHAPTER 636: OFFENSES RELATING TO PERSONS
CHAPTER 642: OFFENSES RELATING TO PROPERTY
§ 642.01 DEFINITIONS.
§ 642.015 THEFT.
§ 642.02 POSSESSION OF MUNICIPAL PROPERTY.
§ 642.03 DEGREE OF OFFENSE WHEN CERTAIN PROPERTY INVOLVED.
§ 642.035 EVIDENCE OF THEFT OF RENTED PROPERTY.
§ 642.04 UNAUTHORIZED USE OF A VEHICLE; VEHICLE TRESPASS.
§ 642.05 UNAUTHORIZED USE OF PROPERTY.
§ 642.06 INJURING VINES, BUSHES, TREES OR CROPS.
§ 642.07 DESECRATION.
§ 642.08 ASSAULTING POLICE DOG OR HORSE, OR ASSISTANCE DOG.
§ 642.09 ARSON.
§ 642.10 CRIMINAL DAMAGING OR ENDANGERING; VEHICULAR VANDALISM.
§ 642.11 CRIMINAL MISCHIEF.
§ 642.12 CRIMINAL TRESPASS.
§ 642.125 AGGRAVATED TRESPASS.
§ 642.13 TAMPERING WITH COIN MACHINES.
§ 642.14 PASSING BAD CHECKS.
§ 642.145 FORGING OR SELLING FORGED IDENTIFICATION CARDS.
§ 642.146 CRIMINAL SIMULATION.
§ 642.15 MISUSE OF CREDIT CARDS.
§ 642.155 RECORDING CREDIT CARD, TELEPHONE OR SOCIAL SECURITY NUMBERS.
§ 642.16 MAKING OR USING SLUGS.
§ 642.17 PRIMA FACIE EVIDENCE OF PURPOSE TO DEFRAUD.
§ 642.18 TAMPERING WITH RECORDS.
§ 642.19 SECURING WRITINGS BY DECEPTION.
§ 642.20 PERSONATING AN OFFICER.
§ 642.205 TAKING THE IDENTITY OF ANOTHER.
§ 642.21 DEFRAUDING CREDITORS.
§ 642.22 RECEIVING STOLEN PROPERTY.
§ 642.23 THEFT OF C.A.T.V. (Repealed)
§ 642.24 DETERMINING PROPERTY VALUE IN THEFT OFFENSE.
§ 642.25 DETERMINING PROPERTY VALUE IN ARSON.
§ 642.26 PROSECUTIONS FOR THEFT OF UTILITIES.
§ 642.27 FOOD STAMPS. (Repealed)
§ 642.28 INSURANCE FRAUD.
§ 642.29 FALSE STATEMENTS ALLEGING THEFT OF MOTOR VEHICLES. (Repealed)
§ 642.30 MISCONDUCT INVOLVING A PUBLIC TRANSPORTATION SYSTEM.
§ 642.31 WORKERS' COMPENSATION FRAUD.
§ 642.32 MEDICAID FRAUD.
§ 642.33 MOTION PICTURE PIRACY.
§ 642.34 DIMINISHING OR INTERFERING WITH FORFEITABLE PROPERTY.
CHAPTER 648: PEACE DISTURBANCES
CHAPTER 660: SAFETY, SANITATION AND HEALTH
CHAPTER 666: SEX RELATED OFFENSES
CHAPTER 672: WEAPONS AND EXPLOSIVES
CHAPTER 698: PENALTIES AND SENTENCING
PART EIGHT - BUSINESS REGULATIONS AND TAXATION CODE
PART TEN - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART TWELVE - PLANNING AND ZONING CODE
PART FOURTEEN - BUILDING AND HOUSING CODE
PART SIXTEEN - FIRE PREVENTION CODE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 642.20  PERSONATING AN OFFICER.
   (a)   No person, with purpose to defraud or knowing that he or she is facilitating a fraud, or with purpose to induce another to purchase property or services, shall personate a law enforcement officer, or an inspector, investigator, or agent of any governmental agency.
   (b)   Whoever violates this section is guilty of personating an officer, a misdemeanor of the first degree.
(ORC 2913.44)
§ 642.205  TAKING THE IDENTITY OF ANOTHER.
   (a)   As used in this section, "personal identifying information" includes, but is not limited to, the following: the name, address, telephone number, driver's license, driver's license number, commercial driver's license, commercial driver's license number, state identification card, state identification card number, Social Security card, Social Security number, birth certificate, place of employment, employee identification number, mother's maiden name, demand deposit account number, savings account number, money market account number, mutual fund account number, other financial account number, personal identification number, password, or credit card number of a living or dead individual.
   (b)   No person, without the express or implied consent of the other person, shall use, obtain, or possess any personal identifying information of another person with intent to do either of the following:
      (1)   Hold the person out to be the other person;
      (2)   Represent the other person's personal identifying information as the person's own personal identifying information.
   (c)   No person shall create, obtain, possess, or use the personal identifying information of any person with the intent to aid or abet another person in violating subsection (b) of this section.
   (d)   No person, with intent to defraud, shall permit another person to use the person's own personal identifying information.
   (e)   No person who is permitted to use another person's personal identifying information as described in subsection (d) of this section shall use, obtain, or posses the other person's personal identifying information with intent to defraud any person by doing any act identified in subsection (b)(1) or (b)(2) of this section.
   (f)   (1)   It is an affirmative defense to a charge under subsection (b) of this section that the person using the personal identifying information is acting in accordance with a legally recognized guardianship or conservatorship or as a trustee or fiduciary.
      (2)   It is an affirmative defense to a charge under subsection (b), (d), or (e) of this section that either of the following applies:
         A.   The person or entity using the personal identifying information is a law enforcement agency, authorized fraud personnel, or a representative of or attorney for a law enforcement agency or authorized fraud personnel and is using the personal identifying information in a bona fide investigation, and information security evaluation, a pretext calling evaluation, or a similar matter.
         B.   The personal identifying information was obtained, possessed, or used for a lawful purpose.
   (g)   It is not a defense to a charge under this section that the person whose personal identifying information was obtained, possessed, or used was deceased at the time of the offense.
   (h)   (1)   If the violation of subsection (b), (d), or (e) of this section occurs as part of a course of conduct involving other violations of subsection (b), (d), or (e) of this section or violations of, attempts to violate, conspiracies to violate, or complicity in violations of subsection (c) of this section or Ohio R.C. 2913.02, 2913.04, 2913.11, 2913.21, 2913.31, 2913.42, 2913.43 or 2921.13, or any substantially similar municipal ordinance, the court, in determining the degree of the offense pursuant to subsection (i) of this section, may aggregate all credit, property, or services obtained or sought to be obtained by the offender and all debts or other legal obligations avoided or sought to be avoided by the offender in the violations involved in that course of conduct. The course of conduct may involve one victim or more than one victim.
      (2)   If the violation of subsection (c) of this section occurs as part of a course of conduct involving other violations of subsection (c) of this section or violations of, attempts to violate, conspiracies to violate, or complicity in violations of subsection (b), (d), or (e) of this section or Ohio R.C. 2913.02, 2913.04, 2913.11, 2913.21, 2913.31, 2913.42, 2913.43 or 2921.13, or any substantially similar municipal ordinance, the court, in determining the degree of the offense pursuant to subsection (i) of this section, may aggregate all credit, property, or services obtained or sought to be obtained by the person aided or abetted and all debts or other legal obligations avoided or sought to be avoided by the person aided or abetted in the violations involved in that course of conduct. The course of conduct may involve one victim or more than one victim.
   (i)   Whoever violates this section is guilty of identity fraud. Except as otherwise provided in this subsection, identity fraud is a misdemeanor of the first degree. If the value of the credit, property, services, debt, or other legal obligation involved in the violation or course of conduct is five hundred dollars ($500.00) or more, identity fraud is a felony to be prosecuted under appropriate state law.
(ORC 2913.49)
§ 642.21  DEFRAUDING CREDITORS.
   (a)   No person, with purpose to defraud one or more of his or her creditors, shall do any of the following:
      (1)   Remove, conceal, destroy, encumber, convey, or otherwise deal with any of his or her property;
      (2)   Misrepresent or refuse to disclose to a fiduciary appointed to administer or manage his or her affairs or estate, the existence, amount, or location of any of his or her property, or any other information regarding the property which he or she is legally required to furnish to the fiduciary.
   (b)   Whoever violates this section is guilty of defrauding creditors. Except as otherwise provided in this subsection, defrauding creditors is a misdemeanor of the first degree. If the value of the property involved is one thousand dollars ($1,000.00) or more, defrauding creditors is a felony to be prosecuted under appropriate state law.
(ORC 2913.45)
§ 642.22  RECEIVING STOLEN PROPERTY.
   (a)   No person shall receive, retain, or dispose of property of another knowing or having reasonable cause to believe that the property has been obtained through commission of a theft offense.
   (b)   It is not a defense to a charge of receiving stolen property in violation of this section that the property was obtained by means other than through the commission of a theft offense if the property was explicitly represented to the accused person as being obtained through the commission of a theft offense.
   (c)   Whoever violates this section is guilty of receiving stolen property. Except as otherwise provided in this subsection, receiving stolen property is a misdemeanor of the first degree. If any of the following criteria are met, then a violation of this section is a felony to be prosecuted under appropriate state law:
      (1)   The value of the property involved is one thousand dollars ($1,000.00) or more;
      (2)   The property involved is any of the property listed in Ohio R.C. 2913.71;
      (3)   The property involved is a firearm or dangerous ordnance, as defined in Ohio R.C. 2923.11;
      (4)   The property involved is a motor vehicle as defined in Ohio R.C. 4501.01;
      (5)   The property involved is any dangerous drug, as defined in Ohio R.C. 4729.01; or
      (6)   The property involved in violation of this section is a special purchase article as defined in R.C. § 4737.04 or a bulk merchandise container as defined in R.C. § 4737.012.
(ORC 2913.51)
§ 642.23  THEFT OF C.A.T.V.(Repealed)
Editor's note:
   Section 642.23 was repealed as part of the 1987 updating and revision of these Codified Ordinances because substantially identical state law (Ohio R.C. 4933.42 and 4933.99(A)) was repealed by the Ohio General Assembly by Sub. S.B. No. 183, effective September 26, 1984. See §§ 642.01(a), (r) and 642.02.
§ 642.24  DETERMINING PROPERTY VALUE IN THEFT OFFENSE.
   (a)   If more than one item of property or services is involved in a theft offense or in a violation of Ohio R.C. 1716.14(A) involving a victim who is an elderly person or disabled adult, or any substantially equivalent municipal ordinance, the value of the property or services involved for the purpose of determining the value as required by Ohio R.C. 2913.61(A) is the aggregate value of all property or services involved in the offense.
   (b)   (1)   When a series of offenses under Ohio R.C. 2913.02, or a series of violations of, attempts to commit a violation of, conspiracies to violate, or complicity in violations of Ohio R.C. 1716.14(A), Ohio R.C. 2913.02, 2913.03, or 2913.04, Ohio R.C. 2913.21(B)(1) or (B)(2), or Ohio R.C. 2913.31 or 2913.43 involving a victim who is an elderly person or disabled adult, 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. 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 as required by Ohio R.C. 2913.61(A) 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 Ohio 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 Ohio R.C. 1716.14(A), Ohio R.C. 2913.02, 2913.03, or 2913.04, Ohio R.C. 2913.21(B)(1) or (B)(2), or Ohio 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 equivalent 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 as required by Ohio R.C. 2913.61(A) 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 Ohio 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 Ohio 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 subsection (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 Ohio R.C. 2913.40, 2913.48, or 2921.41 in the offender’s same employment, capacity, or relationship to another as described in subsection (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 subsection (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 subsection (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 subsection (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 subsection (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.
(ORC 2913.61(B) - (E))
§ 642.25  DETERMINING PROPERTY VALUE IN ARSON.
   (a)   The following criteria shall be used in determining the value of property or amount of physical harm involved in a violation of § 642.06:
      (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 subsection (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 subsection (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))
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