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Lima, OH Code of Ordinances
CODIFIED ORDINANCES OF LIMA, OHIO
CHARTER OF THE CITY OF LIMA, OHIO
PART TWO - ADMINISTRATION CODE
PART FOUR - TRAFFIC CODE
PART SIX - GENERAL OFFENSES CODE
CHAPTER 606: GENERAL PROVISIONS
CHAPTER 608 Advertising
CHAPTER 612: ALCOHOLIC BEVERAGES
CHAPTER 618: ANIMAL CONTROL
CHAPTER 624: DRUGS
CHAPTER 630: GAMBLING
CHAPTER 636: OFFENSES RELATING TO PERSONS
CHAPTER 642: OFFENSES RELATING TO PROPERTY
CHAPTER 648: PEACE DISTURBANCES
CHAPTER 654: PUBLIC SERVICE, ADMINISTRATION AND ENFORCEMENT
CHAPTER 656 Radio Signals
CHAPTER 660: SAFETY, SANITATION AND HEALTH
CHAPTER 666: SEX RELATED OFFENSES
CHAPTER 672: THEFT AND FRAUD
CHAPTER 678: WEAPONS AND EXPLOSIVES
CHAPTER 698: PENALTIES AND SENTENCING
PART EIGHT - BUSINESS REGULATION 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
PART EIGHTEEN - PROPERTY MAINTENANCE CODE
PART TWENTY - NUISANCE ABATEMENT
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§ 672.04 DEGREE OF OFFENSE WHEN CERTAIN PROPERTY INVOLVED.
   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 § 672.01 or 672.02 is a felony to be prosecuted under appropriate state law if the property involved is any of the following:
   (a)   A credit card;
   (b)   A printed form for a check or other negotiable instrument, that 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 license placard or windshield sticker as prescribed by R.C. § 4503.182, or any comparable license plate, placard, or sticker 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)
§ 672.05 EVIDENCE OF THEFT OF RENTED PROPERTY.
   (a)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      (1)   “Rentee.” A person who pays consideration to a renter for the use of rented property.
      (2)   “Renter.” A person who owns rented property.
   (b)   Each of the following shall be considered evidence of intent to commit theft of rented property or rental services:
      (1)   At the time of entering into the rental contract, the rentee presented the renter with identification that was materially false, fictitious or not current with respect to name, address, place of employment or other relevant information.
      (2)   After receiving a notice demanding the return of the rented property as provided in division (c) of this section, the rentee neither returned the rented property nor made arrangements acceptable with the renter to return the rented property.
   (c)   To establish that a rentee has an intent to commit theft of rented property or rental services under division (b)(2) above, a renter may issue a notice to a rentee demanding the return of the rented property. The renter shall mail the notice by certified mail, return receipt requested, to the rentee at the address the rentee gave when the rental contract was executed, or to the rentee at the last address the rentee or the rentee’s agent furnished in writing to the renter.
   (d)   A demand for the return of the rented property is not a prerequisite for the prosecution of a rentee for theft of rented property or rental services. The evidence specified in division (b) above does not constitute the only evidence that may be considered as evidence of intent to commit theft of rented property or rental services.
(R.C. § 2913.72)
§ 672.06 TAMPERING WITH COIN MACHINES.
   (a)   No person, with purpose to commit theft or to defraud, shall knowingly enter, force an entrance into, tamper with or insert any part of an instrument into any coin machine.
   (b)   Whoever violates this section is guilty of tampering with coin machines, a misdemeanor of the first degree. If the offender previously has been convicted of a violation of this section or of any theft offense as defined in R.C. § 2913.01, tampering with coin machines is a felony to be prosecuted under appropriate state law.
(R.C. § 2911.32)
§ 672.07 PROSECUTIONS FOR THEFT OF UTILITIES.
   (a)   In a prosecution for a theft offense, as defined in R.C. § 2913.01, that involves alleged tampering with a gas, electric, steam or water meter, conduit or attachment of a utility that has been disconnected by the utility, proof that a meter, conduit or attachment of a utility has been tampered with is prima facie evidence that the person who is obligated to pay for the service rendered through the meter, conduit or attachment, and who is in possession or control of the meter, conduit or attachment at the time the tampering occurred has caused the tampering with intent to commit a theft offense.
   (b)   In a prosecution for a theft offense, as defined in R.C. § 2913.01, that involves the alleged reconnection of a gas, electric, steam or water meter, conduit or attachment of a utility that has been disconnected by the utility, proof that a meter, conduit or attachment disconnected by a utility has been reconnected without the consent of the utility is prima facie evidence that the person in possession or control of the meter, conduit or attachment at the time of the reconnection has reconnected the meter, conduit or attachment with intent to commit a theft offense.
   (c)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      (1)   “Tamper.” To interfere with, damage or bypass a utility meter, conduit or attachment with the intent to impede the correct registration of a meter or the proper functions of a conduit or attachment so as to reduce the amount of utility service that is registered on the meter.
(R.C. § 4933.18)
      (2)   “Utility.” Any electric light company, gas company, natural gas company, pipe-line company, water-works company or heating or cooling company, as defined in R.C. § 4905.03(C), (D), (E), (F), (G), or (H), its lessees, trustees or receivers, or any similar utility owned or operated by a political subdivision.
   (d)   Each electric light company, gas company, natural gas company, pipeline company, waterworks company or heating or cooling company, as defined by R.C. § 4905.03(C), (D), (E), (F), (G), or (H), or its lessees, trustees or receivers, and each similar utility owned or operated by a political subdivision, shall notify its customers, on an annual basis, that tampering with or bypassing a meter constitutes a theft offense that could result in the imposition of criminal sanctions.
(R.C. § 4933.19)
§ 672.08 MISCONDUCT INVOLVING A PUBLIC TRANSPORTATION SYSTEM.
   (a)   As used in this section, “public transportation system” means a county transit system operated in accordance with R.C. §§ 306.01 to 306.13, a regional transit authority operated in accordance with R.C. §§ 306.30 to 306.71, or a regional transit commission operated in accordance with R.C. §§ 306.80 to 306.90.
   (b)   No person shall evade the payment of the known fares of a public transportation system.
   (c)   No person shall alter any transfer, pass, ticket or token of a public transportation system with the purpose of evading the payment of fares or of defrauding the system.
   (d)   No person shall do any of the following while in any facility or on any vehicle of a public transportation system:
      (1)   Play sound equipment without the proper use of a private earphone;
      (2)   Smoke, eat or drink in any area where the activity is clearly marked as being prohibited; or
      (3)   Expectorate upon a person, facility or vehicle.
   (e)   No person shall write, deface, draw or otherwise mark on any facility or vehicle of a public transportation system.
   (f)   No person shall fail to comply with a lawful order of a public transportation system police officer, and no person shall resist, obstruct or abuse a public transportation police officer in the performance of the officer’s duties.
   (g)   Whoever violates any of the provisions of this section is guilty of misconduct involving a public transportation system.
      (1)   A violation of division (b), (c) or (f) of this section is a misdemeanor of the fourth degree.
      (2)   A violation of division (d) of this section is a minor misdemeanor on a first offense. If a person previously has been convicted of or pleaded guilty to a violation of any division of this section or of a municipal ordinance that is substantially equivalent to any division of this section, a violation of division (d) of this section is a misdemeanor of the fourth degree.
      (3)   A violation of division (e) of this section is a misdemeanor of the third degree.
   (h)   Notwithstanding any other provision of law, 75% of each fine paid to satisfy a sentence imposed for a violation of any of the provisions of this section shall be deposited into the Treasury of the county and 25% shall be deposited with the county transit board, regional transit authority or regional transit commission that operates the public transportation system involved in the violation, unless the Board of County Commissioners operates the public transportation system, in which case 100% of each fine shall be deposited into the Treasury of the county.
(R.C. § 2917.41)
§ 672.09 UNAUTHORIZED USE OF A VEHICLE; VEHICLE TRESPASS.
   (a)   No person shall knowingly use or operate an aircraft, motor vehicle, motorcycle, motorboat or other motor-propelled vehicle without the consent of the owner or person authorized to give consent.
   (b)   No person shall knowingly use or operate an aircraft, motor vehicle, motorboat or other motor-propelled vehicle without the consent of the owner or person authorized to give consent, and either remove it from this state or keep possession of it for more than 48 hours.
   (c)   The following are affirmative defenses to a charge under this section:
      (1)   At the time of the alleged offense, the actor, though mistaken, reasonably believed that he or she was authorized to use or operate the property.
      (2)   At the time of the alleged offense, the actor reasonably believed that the owner or person empowered to give consent would authorize the actor to use or operate the property.
   (d)   Whoever violates this section is guilty of unauthorized use of a vehicle.
      (1)   Except as otherwise provided in this division (d)(1), a violation of division (a) of this section is a misdemeanor of the first degree. If the victim of the offense is an elderly person or disabled adult and if the victim incurs a loss as a result of the violation, a violation of division (a) of this section is a felony to be prosecuted under appropriate state law.
      (2)   A violation of division (b) of this section is a felony to be prosecuted under appropriate state law.
(R.C. § 2913.03)
Statutory reference:
   Theft offense involving motor vehicle, offender to pay towing and storage fees, see R.C. § 2913.82
§ 672.10 PASSING BAD CHECKS.
   (a)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      (1)   “Check.” Includes any form of debit from a demand deposit account, including but not limited to any of the following:
         A.   A check, bill of exchange, draft, order of withdrawal, or similar negotiable or non-negotiable instrument;
         B.   An electronic check, electronic transaction, debit card transaction, check card transaction, substitute check, web check or any form of automated clearing house transaction.
      (2)   “Issue a check.” Causing any form of debit from a demand deposit account.
   (b)   No person, with purpose to defraud, shall issue or transfer or cause to be issued or transferred a check or other negotiable instrument, knowing that it will be dishonored or knowing that a person has ordered or will order stop payment on the check or other negotiable instrument.
   (c)   For purposes of this section, a person who issues or transfers a check or other negotiable instrument is presumed to know that it will be dishonored if either of the following occurs:
      (1)   The drawer has no account with the drawee at the time of issue or the stated date, whichever is later.
      (2)   The check or other negotiable instrument was properly refused payment for insufficient funds upon presentment within 30 days after issue or the stated date, whichever is later, and the liability of the drawer, indorser, or any party who may be liable thereon is not discharged by payment or satisfaction within ten days after receiving notice of dishonor.
   (d)   For purposes of this section, a person who issues or transfers a check, bill of exchange or other draft is presumed to have the purpose to defraud if the drawer fails to comply with R.C. § 1349.16 by doing any of the following when opening a checking account intended for personal, family, or household purposes at a financial institution:
      (1)   Falsely stating that he or she has not been issued a valid driver’s or commercial driver’s license or identification card issued under R.C. § 4507.50;
      (2)   Furnishing the license or card, or another identification document that contains false information;
      (3)   Making a false statement with respect to the drawer’s current address or any additional relevant information reasonably required by the financial institution.
   (e)   In determining the value of the payment for purposes of division (f) of this section, the court may aggregate all checks and other negotiable instruments that the offender issued or transferred or caused to be issued or transferred in violation of division (b) of this section within a period of 180 consecutive days.
   (f)   Whoever violates this section is guilty of passing bad checks. Except as otherwise provided in this division, passing bad checks is a misdemeanor of the first degree. If the check or checks or other negotiable instrument or instruments are issued or transferred to a single vendor or single other person for the payment of $1,000 or more, or if the check or checks or other negotiable instrument or instruments are issued or transferred to multiple vendors or persons for the payment of $1,500 or more, passing bad checks is a felony to be prosecuted under appropriate state law.
(R.C. § 2913.11)
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