Skip to code content (skip section selection)
Compare to:
Lakewood Overview
Lakewood, OH Code of Ordinances
Codified Ordinances of the City of Lakewood, Ohio
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 32-00
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
PART SEVENTEEN - SANITARY CODE
CHAPTER 541
Property Offenses
541.01    Determining property value in arson.
541.02    Arson.
541.03    Criminal damaging or endangering.
541.04    Criminal mischief.
541.05    Criminal trespass.
541.055   Aggravated trespass.
541.06    Destruction of shrubs, trees, or crops.
541.07    Desecration.
541.08    Billposting.
541.09    Library prohibited practices.
541.99    Penalty.
CROSS REFERENCES
   See sectional histories for similar State law
   Parents' liability for destructive acts of their children - see Ohio R.C. 3109.09
   Physical harm to property defined - see GEN. OFF. 501.01(d), (f)
   Damage to sidewalks - see GEN. OFF. 521.04 
Vehicle trespass - see GEN. OFF. 545.06 
541.01 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 Section 541.02.
      (1)   If the property is an heirloom, memento, collector's item, antique, museum piece, manuscript, document, record or other thing which 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 which would compensate the owner for its loss.
      (2)   If the property is not covered under subsection (a)(1) hereof, 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) hereof, 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 defined in Section 545.02(c)(3).
   (c)   Prima-facie evidence of the value of property, as provided in Section 545.02(d) may be used to establish the value of property pursuant to this section. (ORC 2909.11)
541.02 ARSON.
   (a)   No person, by means of fire or explosion, shall knowingly cause or create a substantial risk of physical harm to any property of another without the other person’s consent.
   (b)   This section does not apply if the violation is done with purpose to defraud or the property involved is a statehouse or 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.
(Ord. 42-02. Passed 9-3-2002.)
   (c)   Whoever violates this section is guilty of arson, a misdemeanor of the first degree if the value of the property or the amount of physical harm involved is less than one thousand dollars ($1,000). (Ord. 13-12. Passed 3-5-2012.)
541.03 CRIMINAL DAMAGING OR ENDANGERING.
   (a)   No person shall cause, or create a substantial risk of physical harm to any property of another without his consent:
      (1)   Knowingly, by any means;
      (2)   Recklessly, by means of fire, explosion, flood, poison gas, poison, radioactive material, caustic or corrosive material, or other inherently dangerous agency or substance.
   (b)   Whoever violates this section is guilty of criminal damaging or endangering, a misdemeanor if the property involved is not an aircraft, an aircraft engine, propeller, appliance, spare part or any other equipment or implement used or intended to be used in the operation of an aircraft and if the violation does not create a risk of physical harm to any person, and if the property involved is not an occupied aircraft. A violation of
this section is a misdemeanor of the second degree. If violation of this section creates a risk of physical harm to any person, criminal damaging or endangering is a misdemeanor of the first degree.
(ORC 2909.06)
Loading...