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Montgomery Overview
Montgomery, Ohio Code of Ordinances
CITY OF MONTGOMERY, OHIO CODE OF ORDINANCES
DIRECTORY OF OFFICIALS (2023)
ADOPTING ORDINANCE
CHARTER TABLE OF CONTENTS
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS AND PROPERTIES
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
CHAPTER 130: GENERAL PROVISIONS
CHAPTER 131: OFFENSES AGAINST PROPERTY
§ 131.01 DEFINITIONS.
§ 131.02 ARSON; DETERMINING PROPERTY VALUE OR AMOUNT OF PHYSICAL HARM.
§ 131.03 CRIMINAL DAMAGING OR ENDANGERING; VEHICULAR VANDALISM.
§ 131.04 CRIMINAL MISCHIEF.
§ 131.05 DAMAGING OR ENDANGERING AIRCRAFT OR AIRPORT OPERATIONS.
§ 131.06 CRIMINAL TRESPASS; AGGRAVATED TRESPASS.
§ 131.07 TAMPERING WITH COIN MACHINES.
§ 131.08 THEFT.
§ 131.09 UNAUTHORIZED USE OF A VEHICLE.
§ 131.10 UNAUTHORIZED USE OF PROPERTY, INCLUDING TELECOMMUNICATION PROPERTY AND COMPUTERS; POSSESSION OF MUNICIPAL PROPERTY.
§ 131.11 PASSING BAD CHECKS.
§ 131.12 MISUSE OF CREDIT CARDS.
§ 131.13 MAKING OR USING SLUGS.
§ 131.14 PRIMA FACIE EVIDENCE OF PURPOSE TO DEFRAUD.
§ 131.15 TAMPERING WITH RECORDS.
§ 131.16 SECURING WRITINGS BY DECEPTION.
§ 131.17 DEFRAUDING CREDITORS.
§ 131.18 RECEIVING STOLEN PROPERTY.
§ 131.19 VALUE OF STOLEN PROPERTY.
§ 131.20 DEGREE OF OFFENSE WHEN CERTAIN PROPERTY INVOLVED.
§ 131.21 INJURING VINES, BUSHES, TREES, OR CROPS.
§ 131.22 DETENTION AND ARREST OF SHOPLIFTERS AND THOSE COMMITTING MOTION PICTURE PIRACY; PROTECTION OF INSTITUTIONAL PROPERTY.
§ 131.23 INSURANCE FRAUD; WORKERS' COMPENSATION FRAUD; MEDICAID FRAUD.
§ 131.24 INJURY TO PROPERTY BY HUNTERS.
§ 131.25 EVIDENCE OF INTENT TO COMMIT THEFT OF RENTED PROPERTY; EVIDENCE OF LACK OF CAPACITY TO CONSENT.
§ 131.26 FORGERY OF IDENTIFICATION CARDS.
§ 131.27 CRIMINAL SIMULATION.
§ 131.28 PERSONATING AN OFFICER.
§ 131.29 TRADEMARK COUNTERFEITING.
§ 131.30 DIMINISHING OR INTERFERING WITH FORFEITABLE PROPERTY.
§ 131.31 RECORDING CREDIT CARD, TELEPHONE OR SOCIAL SECURITY NUMBERS.
§ 131.32 PROSECUTIONS FOR THEFT OF UTILITIES.
§ 131.33 MOTION PICTURE PIRACY.
§ 131.34 RAILROAD VANDALISM; CRIMINAL TRESPASS; INTERFERENCE WITH OPERATION OF TRAIN; GRADE CROSSING DEVICE VANDALISM.
§ 131.35 DESECRATION.
CHAPTER 132: OFFENSES AGAINST PUBLIC PEACE
CHAPTER 133: SEX OFFENSES
CHAPTER 134: GAMBLING OFFENSES
CHAPTER 135: OFFENSES AGAINST PERSONS
CHAPTER 136: OFFENSES AGAINST JUSTICE AND ADMINISTRATION
CHAPTER 137: RESERVED
CHAPTER 138: DRUG OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 131.02 ARSON; DETERMINING PROPERTY VALUE OR AMOUNT OF PHYSICAL HARM.
   (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)
   (E)   Determining property value or amount of physical harm.
      (1)   The following criteria shall be used in determining the value of property or amount of physical harm involved in a violation of division (A)(1) or (B)(1) of this section:
         (a)   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.
         (b)   If the property is not covered under division (B)(1)(a) 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.
         (c)   If the property is not covered under division (B)(1)(a) 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.
      (2)   As used in this section, FAIR MARKET VALUE has the same meaning as in R.C. § 2913.61.
      (3)   Prima facie evidence of the value of property, as provided in R.C. § 2913.61(D), may be used to establish the value of property pursuant to this section.
(R.C. § 2909.11(B) - (D))
Statutory reference:
   Aggravated arson, felony offense, see R.C. § 2909.02
   Arson, felony provisions generally, see R.C. § 2909.03
   Convicted arsonist to make restitution to public agency, see R.C. § 2929.71
§ 131.03 CRIMINAL DAMAGING OR ENDANGERING; VEHICULAR VANDALISM.
   (A)   Criminal damaging or endangering.
      (1)   No person shall cause or create a substantial risk of physical harm to any property of another without the other person's consent:
         (a)   Knowingly, by any means; or
         (b)   Recklessly, by means of fire, explosion, flood, poison gas, poison, radioactive material, caustic or corrosive material, or other inherently dangerous agency or substance.
      (2)   Whoever violates this division (A) is guilty of criminal damaging or endangering, a misdemeanor of the second degree. If violation of this division (A) creates a risk of physical harm to any person, criminal damaging or endangering is a misdemeanor of the first degree. If the property involved in a violation of this division (A) is 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 creates a risk of physical harm to any person, criminal damaging or endangering is a felony to be prosecuted under appropriate state law. If the property involved in a violation of this division (A) is 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 creates a substantial risk of physical harm to any person or if the property involved in a violation of this division (A) is an occupied aircraft, criminal damaging or endangering is a felony to be prosecuted under appropriate state law.
(R.C. § 2909.06)
   (B)   Vehicular vandalism.
      (1)   As used in this division (B):
         ALLEY, STREET, and VEHICLE. Have the same meanings as in R.C. § 4511.01.
         HIGHWAY. Means any highway as defined in R.C. § 4511.01 or any lane, road, street, alley, bridge, or overpass.
         VESSEL and WATERS IN THIS STATE. Have the same meanings as in R.C. § 1547.01.
      (2)   No person shall knowingly, and by any means, drop or throw any object at, onto, or in the path of any of the following:
         (a)   Any vehicle on a highway;
         (b)   Any boat or vessel on any of the waters in this state.
      (3)   Whoever violates this division (B) is guilty of vehicular vandalism. Except as otherwise provided in this division (B)(3), vehicular vandalism is a misdemeanor of the first degree. If the violation of this division (B) creates a substantial risk of physical harm to any person or the violation of this division (B) causes serious physical harm to property, vehicular vandalism is a felony to be prosecuted under appropriate state law. If the violation of this division (B) causes physical harm to any person or serious physical harm to any person, vehicular vandalism is a felony to be prosecuted under appropriate state law.
(R.C. § 2909.09)
Statutory reference:
   Disrupting public services, felony offense, see R.C. § 2909.04
   Vandalism, felony offense, see R.C. § 2909.05
§ 131.04 CRIMINAL MISCHIEF.
   (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 that is harmful or offensive to persons exposed, or that 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)   Without privilege to do so, and with intent to impair the functioning of any computer, computer system, computer network, computer software, or computer program, knowingly do any of the following:
         (a)   In any manner or by any means, including but not limited to, computer hacking, alter, damage, destroy, or modify a computer, computer system, computer network, computer software, or computer program or data contained in a computer, computer system, computer network, computer software, or computer program;
         (b)   Introduce a computer contaminant into a computer, computer system, computer network, computer software, or computer program.
      (7)   Without privilege to do so, knowingly destroy or improperly tamper with a critical infrastructure facility.
   (B)   As used in this section:
      CRITICAL INFRASTRUCTURE FACILITY. Has the same meaning as in R.C. § 2911.21.
      IMPROPERLY TAMPER. Means to change the physical location or the physical condition of the property.
      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)   (1)   Whoever violates this section is guilty of criminal mischief, and shall be punished as provided in division (C)(2), (C)(3), or (C)(4) of this section.
      (2)   Except as otherwise provided in this division, criminal mischief committed in violation of division (A)(1), (A)(2), (A)(3), (A)(4), or (A)(5) of this section is a misdemeanor of the third degree. Except as otherwise provided in this division, if the violation of division (A)(1), (A)(2), (A)(3), (A)(4), or (A)(5) of this section creates a risk of physical harm to any person, criminal mischief committed in violation of division (A)(1), (A)(2), (A)(3), (A)(4), or (A)(5) of this section is a misdemeanor of the first degree. If the property involved in the violation of division (A)(1), (A)(2), (A)(3), (A)(4), or (A)(5) of this section is an aircraft, an aircraft engine, propeller, appliance, spare part, fuel, lubricant, hydraulic fluid, 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 any risk of physical harm to any person, or if the aircraft in question is an occupied aircraft, criminal mischief committed in violation of division (A)(1), (A)(2), (A)(3), (A)(4), or (A)(5) of this section is a felony to be prosecuted under appropriate state law.
      (3)   Except as otherwise provided in this division, criminal mischief committed in violation of division (A)(6) of this section is a misdemeanor of the first degree. If the value of the computer, computer system, computer network, computer software, computer program, or data involved in the violation of division (A)(6) of this section or the loss to the victim resulting from the violation is $1,000 or more, or if the computer, computer system, computer network, computer software, computer program, or data involved in the violation of division (A)(6) is used or intended to be used in the operation of an aircraft and the violation creates any risk of physical harm to any person, or if the aircraft in question is an occupied aircraft, criminal mischief committed in violation of division (A)(6) of this section is a felony to be prosecuted under appropriate state law.
      (4)   Criminal mischief committed in violation of division (A)(7) of this section is a felony to be prosecuted under appropriate state law.
(R.C. § 2909.07)
§ 131.05 DAMAGING OR ENDANGERING AIRCRAFT OR AIRPORT OPERATIONS.
   (A)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      AIR GUN. A hand pistol or rifle that propels its projectile by means of releasing compressed air, carbon dioxide, or other gas.
      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.
      FIREARM. Has the same meaning as in R.C. § 2923.11.
      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 of the United States, or a law enforcement officer, authorized to discharge firearms and acting within the scope of his or her 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 any 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 to 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.
(R.C. § 2909.08(A) - (E))
§ 131.06 CRIMINAL TRESPASS; AGGRAVATED TRESPASS.
   (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 the offender 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 by signage posted in a conspicuous place or otherwise being notified to do so by the owner or occupant, or the agent or servant of either;
      (5)   Knowingly enter or remain on a critical infrastructure facility.
   (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 the authorization was secured by deception.
   (D)   (1)   Whoever violates this section is guilty of criminal trespass. Criminal trespass in violation of division (A)(1), (A)(2), (A)(3), or (A)(4) of this section is a misdemeanor of the fourth degree. Criminal trespass in violation of division (A)(5) of this section is a misdemeanor of the first degree.
      (2)   Notwithstanding R.C. § 2929.28, if the person, in committing the violation of this section, used a snowmobile, off-highway motorcycle, or all-purpose vehicle, the court shall impose a fine of two times the usual amount imposed for the violation.
      (3)   If an offender previously has been convicted of or pleaded guilty to two or more violations of this section, R.C. § 2911.21 or a substantially equivalent municipal ordinance, and the offender, in committing each violation, used a snowmobile, off-highway motorcycle, or all-purpose vehicle, the court, in addition to or independent of all other penalties imposed for the violation, may impound the certificate of registration of that snowmobile or off-highway motorcycle or the certificate of registration and license plate of that all- purpose vehicle for not less than 60 days. In such a case, R.C. § 4519.47 applies.
   (E)   Notwithstanding any provision of the Ohio Revised Code, if the offender, in committing the violation of this section, used an all-purpose vehicle, the Clerk of the Court shall pay the fine imposed pursuant to this section to the State Recreational Vehicle Fund created by R.C. § 4519.11.
   (F)   As used in divisions (A) through (E) of this
section:
      ALL-PURPOSE VEHICLE, OFF-HIGHWAY MOTORCYCLE, and SNOWMOBILE. Have the same meanings as in R.C. § 4519.01.
      CRITICAL INFRASTRUCTURE FACILITY. Means:
         (a)   One of the following, if completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders, or if clearly marked with signs that are reasonably likely to come to the attention of potential intruders and that indicate entry is forbidden without site authorization:
            1.   A petroleum or alumina refinery;
            2.   An electric generating facility, substation, switching station, electrical control center, or electric transmission and distribution lines and associated equipment;
            3.   A chemical, polymer, or rubber manufacturing facility;
            4.   A water intake structure, water treatment facility, waste water facility, drainage facility, water management facility, or any similar water or sewage treatment system and its water and sewage piping;
            5.   A natural gas company facility or interstate natural gas pipeline, including a pipeline interconnection, a natural gas compressor station and associated facilities, city gate or town border station, metering station, above-ground piping, regulator station, valve site, delivery station, fabricated assembly, or any other part of a natural gas storage facility involved in the gathering, storage, transmission, or distribution of gas;
            6.   A telecommunications central switching office or remote switching facility or an equivalent network facility that serves a similar purpose;
            7.   Wireline or wireless telecommunications infrastructure, including telecommunications towers and telephone poles and lines, including fiber optic lines;
            8.   A port, trucking terminal, or other freight transportation facility;
            9.   A gas processing plant, including a plant used in the processing, treatment, or fractionation of natural gas or natural gas liquids;
            10.   A transmission facility used by a federally licensed radio or television station;
            11.   A steel-making facility that uses an electric arc furnace to make steel;
            12.   A facility identified and regulated by the United States Department of Homeland Security’s Chemical Facility Anti-Terrorism Standards Program under 6 C.F.R. part 27;
            13.   A dam that is regulated by the state or federal government;
            14.   A crude oil or refined products storage and distribution facility, including valve sites, pipeline interconnections, pump station, metering station, below- or above-ground pipeline, or piping and truck loading or off-loading facility;
            15.   A video service network and broadband infrastructure, including associated buildings and facilities, video service headends, towers, utility poles, and utility lines such as fiber optic lines. As used in this division, “video service network” has the same meaning as in R.C. § 1332.21.
            16.   Any above-ground portion of an oil, gas, hazardous liquid or chemical pipeline, tank, or other storage facility;
            17.   Any above-ground portion of a well, well pad, or production operation;
            18.   A laydown area or construction site for pipe and other equipment intended for use on an interstate or intrastate natural gas or crude oil pipeline;
            19.   Any mining operation, including any processing equipment, batching operation, or support facility for that mining operation.
         (b)   With respect to a video service network or broadband or wireless telecommunications infrastructure, the above-ground portion of a facility installed in a public right-of-way on a utility pole or in a conduit;
         (c)   Any railroad property;
         (d)   An electronic asset of any of the following:
            1.   An electric light company that is a public utility under R.C. § 4905.02;
            2.   An electric cooperative, as defined in R.C. § 4928.01;
            3.   A municipal electric utility, as defined in R.C. § 4928.01;
            4.   A natural gas company that is a public utility under R.C. § 4905.02;
            5.   A telephone company that is a public utility under R.C. § 4905.02;
            6.   A video service provider, including a cable operator, as those terms are defined in R.C. § 1332.21.
      ELECTRONIC ASSET. Includes, but is not limited to, the hardware, software, and data of a programmable electronic device; all communications, operations, and customer data networks; and the contents of those data networks.
      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.
      PRODUCTION OPERATION, WELL, and
WELL PAD. Have the same meanings as in R.C. § 1509.01.
(R.C. § 2911.21)
   (G)   Aggravated trespass.
      (1)   (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 that person.
         (b)   No person shall enter or remain on a critical infrastructure facility with purpose to destroy or tamper with the facility.
      (2)   Whoever violates this section is guilty of aggravated trespass. Aggravated trespass in violation of division (G)(1)(a) of this section is a misdemeanor of the first degree. Aggravated trespass in violation of division (G)(1)(b) of this section is a felony to be prosecuted under appropriate state law.
      (3)   As used in this division (G), CRITICAL INFRASTRUCTURE FACILITY has the same meaning as in R.C. § 2911.21.
(R.C. § 2911.211)
   (H)   Criminal trespass on a place of public amusement.
      (1)   As used in this division (H), PLACE OF PUBLIC AMUSEMENT means a stadium, theater, or other facility, whether licensed or not, at which a live performance, sporting event, or other activity takes place for entertainment of the public and to which access is made available to the public, regardless of whether admission is charged.
      (2)   No person, without privilege to do so, shall knowingly enter or remain on any restricted portion of a place of public amusement and, as a result of that conduct, interrupt or cause the delay of the live performance, sporting event, or other activity taking place at the place of public amusement after a printed written notice has been given as provided in division (H)(4)(a) of this section that the general public is restricted from access to that restricted portion of the place of public amusement. A restricted portion of a place of public amusement may include but is not limited to a playing field, an athletic surface, or a stage located at the place of public amusement.
      (3)   An owner or lessee of a place of public amusement, an agent of the owner or lessee, or a performer or participant at a place of public amusement may use reasonable force to restrain and remove a person from a restricted portion of the place of public amusement if the person enters or remains on the restricted portion of the place of public amusement and, as a result of that conduct, interrupts or causes the delay of the live performance, sporting event, or other activity taking place at the place of public amusement. This division does not provide immunity from criminal liability for any use of force beyond reasonable force by an owner or lessee of a place of public amusement, an agent of either the owner or lessee, or a performer or participant at a place of public amusement.
      (4)   (a)   Notice has been given that the general public is restricted from access to a portion of a place of public amusement if a printed written notice of the restricted access has been conspicuously posted or exhibited at the entrance to that portion of the place of public amusement. If a printed written notice is posted or exhibited as described in this division regarding a portion of a place of public amusement, in addition to that posting or exhibition, notice that the general public is restricted from access to that portion of the place of public amusement also may be given, but is not required to be given, by either of the following means:
            1.   By notifying the person personally, either orally or in writing, that access to that portion of the place of public amusement is restricted;
            2.   By broadcasting over the public address system of the place of public amusement an oral warning that access to that portion of the place of public amusement is restricted.
         (b)   If notice that the general public is restricted from access to a portion of a place of public amusement is provided by the posting or exhibition of a printed written notice as described in division (H)(4)(a) of this section, the municipality, in a criminal prosecution for a violation of division (H)(2) of this section, is not required to prove that the defendant received actual notice that the general public is restricted from access to a portion of a place of public amusement.
      (5)   (a)   Whoever violates division (H)(2) of this section is guilty of criminal trespass on a place of public amusement, a misdemeanor of the first degree.
         (b)   In addition to any jail term, fine, or other sentence, penalty, or sanction it imposes upon the offender pursuant to division (H)(5)(a) of this section, a court may require an offender who violates this section to perform not less than 30 and not more than 120 hours of supervised community service work.
(R.C. § 2911.23)
Cross-reference:
   Violation of protection orders, see § 135.23
§ 131.07 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)
§ 131.08 THEFT.
   (A)   No person, with purpose to deprive the owner of property or services, shall knowingly obtain or exert control over either the property or services in any of the following ways:
      (1)   Without the consent of the owner or person authorized to give consent;
      (2)   Beyond the scope of the express or implied consent of the owner or person authorized to give consent;
      (3)   By deception;
      (4)   By threat;
      (5)   By intimidation.
   (B)   Whoever violates this section is guilty of theft. Except as otherwise provided in this division, a violation of this section is petty theft, 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)   If the value of the property or services is $1,000 or more;
      (2)   If the property stolen is any of the property listed in R.C. § 2913.71;
      (3)   If the victim of the offense is an elderly person, disabled adult, active duty service member, or spouse of an active duty service member;
      (4)   If the property stolen is a firearm or dangerous ordnance;
      (5)   If the property stolen is a motor vehicle;
      (6)   If the property stolen is any dangerous drug, or if the offender previously has been convicted of a felony drug abuse offense;
      (7)   If the property stolen is a police dog or horse or an assistance dog and the offender knows or should know that the property stolen is a police dog or horse or an assistance dog;
      (8)   If the property stolen is anhydrous ammonia; or
      (9)   If the property stolen is a special purchase article as defined in R.C. § 4737.04 or is a bulk merchandise container as defined in R.C. § 4737.012.
   (C)   In addition to the penalties described in division (B) of this section, if the offender committed the violation by causing a motor vehicle to leave the premises of an establishment at which gasoline is offered for retail sale without the offender making full payment for gasoline that was dispensed into the fuel tank of the motor vehicle or into another container, the court may do one of the following:
      (1)   Unless division (C)(2) of this section applies, suspend for not more than six months the offenders driver’s license, probationary driver’s license, commercial driver’s license, temporary instruction permit, or nonresident operating privilege;
      (2)   If the offender’s driver’s license, probationary driver’s license, commercial driver’s license, temporary instruction permit, or nonresident operating privilege has previously been suspended pursuant to division (C)(1) of this section, or any other substantially equivalent state or local law, impose a class seven suspension of the offender’s license, permit, or privilege from the range specified in R.C. § 4510.02(A)(7), provided that the suspension shall be at least six months;
      (3)   The court, in lieu of suspending the offender’s driver’s or commercial driver’s license, probationary driver’s license, temporary instruction permit, or nonresident operating privilege pursuant to division (C)(1) or (C)(2) of this section, instead may require the offender to perform community service for a number of hours determined by the court.
   (D)   In addition to the penalties described in division (B) of this section, if the offender committed the violation by stealing rented property or rental services, the court may order that the offender make restitution pursuant to R.C. § 2929.18 or R.C. § 2929.28. Restitution may include, but is not limited to, the cost of repairing or replacing the stolen property, or the cost of repairing the stolen property and any loss of revenue resulting from deprivation of the property due to theft of rental services that is less than or equal to the actual value of the property at the time it was rented. Evidence of intent to commit theft of rented property or rental services shall be determined pursuant to the provisions of R.C. § 2913.72.
   (E)   The sentencing court that suspends an offender’s license, permit, or nonresident operating privilege under division (C) of this section may grant the offender limited driving privileges during the period of the suspension in accordance with R.C. Chapter 4510.
(R.C. § 2913.02)
Statutory reference:
   Felony theft provisions, see R.C. § 2913.02(B)
§ 131.09 UNAUTHORIZED USE OF A VEHICLE.
   (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 a motor vehicle, offender to pay towing and storage fees, see R.C. § 2913.82
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