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
(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)
(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.)
(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)
(a) No person shall:
(1) Without privilege to do so, knowingly move, deface, damage, destroy or otherwise improperly tamper with the property of another;
(2) With purpose to interfere with the use or enjoyment of property of another, employ a tear gas device, stink bomb, smoke generator or other device releasing a substance which is harmful or offensive to persons exposed, or which tends to cause public alarm;
(3) Without privilege to do so, knowingly move, deface, damage, destroy or otherwise improperly tamper with a bench mark, triangulation station, boundary marker or other survey station, monument or marker;
(4) Without privilege to do so, knowingly move, deface, damage, destroy or otherwise improperly tamper with any safety device, the property of another, or the property of the offender when required or placed for the safety of others, so as to destroy or diminish its effectiveness or availability for its intended purpose;
(5) With purpose to interfere with the use or enjoyment of the property of another, set a fire on the land of another or place personal property that has been set on fire on the land of another, which fire or personal property is outside and apart from any building, other structure or personal property that is on that land.
(6) With purpose to interfere with the use or enjoyment of the property of another, maintain a light nuisance originating from a residential property by causing light to unreasonably shine, glare, reflect or direct onto the property of another.
(b) As used in this section, "safety device" means any fire extinguisher, fire hose or fire axe, or any fire escape, emergency exit or emergency escape equipment, or any life line, life- saving ring, life preserver or life boat or raft, or any alarm, light, flare, signal, sign or notice intended to warn of danger or emergency, or intended for other safety purposes, or any guard railing or safety barricade, or any traffic sign or signal, or any railroad grade crossing sign, signal or gate, or any first aid or survival equipment, or any other device, apparatus or equipment intended for protecting or preserving the safety of persons or property.
(c) Whoever violates subsection (a)(6) of this section is guilty of a minor misdemeanor.
(d) Whoever violates any remaining subsections of this section is guilty of criminal mischief, a misdemeanor of the third degree. If violation of this section creates a risk of physical harm to any person, criminal mischief is a misdemeanor of the first degree. If the property involved in a violation of this section is an aircraft, an aircraft engine, propeller, appliance, spare part, fuel, lubricant, hydraulic fluid or any other equipment, implement or material used or intended to be used in the operation of an aircraft, or any cargo carried or intended to be carried in an aircraft, and if the violation creates a risk of physical harm to any person, or if the property involved in a violation of this section is an occupied aircraft, criminal mischief is a felony and shall be prosecuted under Ohio R.C. 2909.07.
(Ord. 19-19. Passed 9-3-19.)
(a) No person, without privilege to do so, shall do any of the following:
(1) Knowingly enter or remain on the land or premises of another;
(2) Knowingly enter or remain on the land or premises of another, the use of which is lawfully restricted to certain persons, purposes, modes or hours, when the offender knows he is in violation of any such restriction or is reckless in that regard;
(3) Recklessly enter or remain on the land or premises of another, as to which notice against unauthorized access or presence is given by actual communication to the offender, or in a manner prescribed by law, or by posting in a manner reasonably calculated to come to the attention of potential intruders, or by fencing or other enclosure manifestly designed to restrict access;
(4) Being on the land or premises of another, negligently fail or refuse to leave upon being notified to do so by the owner or occupant, or the agent or servant of either.
(5) Enter or be upon a motor vehicle which is the property of another.
(6) Negligently leave an unoccupied motor vehicle on the land or premises of another without the consent and knowledge of the owner or occupant of such premises, or his agent or servant. If any motor vehicle is found upon the land or premises of another in violation of this section and the identity of the driver cannot be determined, the owner or person in whose name such vehicle is registered shall be held prima-facie responsible for such violation.
(Ord. 37-74. Passed 4-15-74.)
(7) Enter or remain on the land owned by the City, situated generally north of Madison Avenue, east of Rocky River and west of Riverside Drive, and bounded and described as follows:
Situated in the City of Lakewood, County of Cuyahoga and State of Ohio and being bounded on the west by the easterly bank of Rocky River, bounded on the east by the westerly line of Riverside Drive, bounded on the south by a line which is the extension of the center line of Madison Avenue (which line is also the northerly boundary of a parcel of land owned by the State of Ohio) and forming an arc in a northwesterly direction along the easterly line of Rocky River to the boundary of a certain parcel of land owned by the Board of Park Commissioners, the aforesaid premises being further known as Permanent Parcel No. 313-1-3 of the Records of Cuyahoga County. (Ord. 37-75. Passed 6-2-75.)
(8) Enter or remain on the land owned by the City of Lakewood, bounded and described as follows:
The entire width of right-of-way of Webb Road (fifty feet wide) beginning at a point located a distance of 385.7 feet northerly from the intersection of the centerline of Webb Road with the northerly right-of-way boundary of Lake Avenue and extending northerly to the shoreline of Lake Erie.
(Ord. 107-78. Passed 12-18-78.)
(9) Enter or remain on the land owned by the City of Lakewood, bounded and described as follows:
The entire width of right-of-way of Summit Avenue (sixty feet wide) beginning at a point located a distance of 232.80 feet northerly from the centerline intersection of Summit Avenue and Edgewater Drive and extending northerly to the shoreline of Lake Erie. (Ord. 108-78. Passed 12-18-78.)
(10) Enter or remain on the land owned by the City of Lakewood, bounded and described as follows:
The entire width of right-of-way of Nicholson Avenue (sixty feet wide) beginning at a point located a distance of 24 feet northerly from the centerline intersection of Cliff Drive and Nicholson Avenue and extending northerly to the shoreline of Lake Erie. (Ord. 109-78. Passed 12-18-78.)
The prohibition provided in subsections (a)(7) to (a)(10) hereof shall not apply to on-duty employees of the City nor to other persons as may be authorized to enter such area by the Director of Public Works. The Director is hereby authorized and directed to erect appropriate signs giving notice of the prohibition, as set forth herein, at such places as may be determined by the Director. (Ord. 37-75. Passed 6-2-75. )
(b) It is no defense to a charge under this section that the land or premises involved was owned, controlled or in custody of a public agency.
(c) It is no defense to a charge under this section that the offender was authorized to enter or remain on the land or premises involved when such authorization was secured by deception.
(d) Whoever violates this section is guilty of criminal trespass, a misdemeanor of the fourth degree.
(e) As used in this section, “land or premises” includes any land, building, structure or place belonging to, controlled by or in custody of another, and any separate enclosure or room, or portion thereof.
(ORC 2911.21)
(a) No person shall enter or remain on the land or premises of another with purpose to commit on that land or those premises a misdemeanor, the elements of which involve causing physical harm to another person or causing another person to believe that the offender will cause physical harm to him or her.
(b) Whoever violates this section is guilty of aggravated trespass, a misdemeanor of the first degree.
(ORC 2911.211)
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