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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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§ 131.18 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 division, 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 $1,000 or more;
      (2)   The property involved is any of the property listed in R.C. § 2913.71;
      (3)   The property involved is a firearm or dangerous ordnance, as defined in R.C. § 2923.11;
      (4)   The property involved is a motor vehicle as defined in R.C. § 4501.01;
      (5)   The property involved is any dangerous drug, as defined in 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.
(R.C. § 2913.51)
§ 131.19 VALUE OF STOLEN PROPERTY.
   (A)   If more than one item of property or services is involved in a theft offense or in a violation of 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 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 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. § 1716,14(A), R.C. § 2913.02, 2913.03, or 2913.04, R.C. § 2913.21 (B)(1) or (B)(2), or 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 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 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 R.C. § 1716.14(A), R.C. § 2913.02, 2913.03, or 2913.04, R.C. § 2913.21 (B)(1) or (B)(2), or 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 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 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 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 division (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 R.C. § 2913.40, 2913.48, or 2921.41 in the offender’s same employment, capacity, or relationship to another as described in division (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 division (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 division (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 division (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 division (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.
(R.C. § 2913.61(B) - (E))
§ 131.20 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 § 131.08 or § 131.18 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 motor vehicle license registration as prescribed by R.C. § 4503.182, or any comparable temporary motor vehicle license registration 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)
§ 131.21 INJURING VINES, BUSHES, TREES, OR CROPS.
   (A)   No person, without privilege to do so, shall recklessly cut down, destroy, girdle, or otherwise injure a vine, bush, shrub, sapling, tree, or crop standing or growing on the land of another or upon public land.
   (B)   In addition to the penalty provided in division (C) of this section, whoever violates this section is liable in treble damages for the injury caused.
(R.C. § 901.51)
   (C)   Whoever violates this section is guilty of a misdemeanor of the fourth degree.
(R.C. § 901.99(A))
§ 131.22 DETENTION AND ARREST OF SHOPLIFTERS AND THOSE COMMITTING MOTION PICTURE PIRACY; PROTECTION OF INSTITUTIONAL PROPERTY.
   (A)   For the purpose of this section, the following definitions shall apply.
   ARCHIVAL INSTITUTION. Any public or private building, structure, or shelter in which are stored historical documents, devices, records, manuscripts, or items of public interest, which historical materials are stored to preserve the materials or the information in the materials, to disseminate the information contained in the materials, or to make the materials available for public inspection or for inspection by certain persons who have a particular interest in, use for, or knowledge concerning the materials.
   AUDIOVISUAL RECORDING FUNCTION and FACILITY. Have the same meaning as in R.C. § 2913.07.
   MUSEUM. Any public or private nonprofit institution that is permanently organized for primarily educational or aesthetic purposes, owns or borrows objects or items of public interest, and cares for and exhibits to the public the objects or items.
   PRETRIAL DIVERSION PROGRAM. Means a rehabilitative, educational program designed to reduce recidivism and promote personal responsibility that is at least four hours in length and that has been approved by any court in this state.
   (B)   A merchant, or an employee or agent of a merchant, who has probable cause to believe that things offered for sale by a mercantile establishment have been unlawfully taken by a person, may, for the purposes set forth in division (D) below, detain the person in a reasonable manner for a reasonable length of time within the mercantile establishment or its immediate vicinity.
   (C)   Any officer, employee, or agent of a library, museum, or archival institution may, for the purposes set forth in division (D) below or for the purpose of conducting a reasonable investigation of a belief that the person has acted in a manner described in divisions (C)(1) and (2) below, detain a person in a reasonable manner for a reasonable length of time within, or in the immediate vicinity of, the library, museum, or archival institution, if the officer, employee, or agent has probable cause to believe that the person has:
      (1)   Without privilege to do so, knowingly moved, defaced, damaged, destroyed, or otherwise improperly tampered with property owned by or in the custody of the library, museum, or archival institution; or
      (2)   With purpose to deprive the library, museum, or archival institution of property owned by it or in its custody, knowingly obtained or exerted control over the property without the consent of the owner or person authorized to give consent, beyond the scope of the express or implied consent of the owner or person authorized to give consent, by deception, or by threat.
   (D)   An officer, agent, or employee of a library, museum, or archival institution pursuant to division (C) above or a merchant or an employee or agent of a merchant pursuant to division (B) above may detain another person for any of the following purposes:
      (1)   To recover the property that is the subject of the unlawful taking, criminal mischief, or theft;
      (2)   To cause an arrest to be made by a peace officer;
      (3)   To obtain a warrant of arrest;
      (4)   To offer the person, if the person is suspected of the unlawful taking, criminal mischief, or theft and notwithstanding any other provision of this Code or the Ohio Revised Code, an opportunity to complete a pretrial diversion program and to inform the person of the other legal remedies available to the library, museum, archival institution, or merchant.
   (E)   The owner or lessee of a facility in which a motion picture is being shown, or the owner's or lessee's employee or agent, who has probable cause to believe that a person is or has been operating an audiovisual recording function of a device in violation of R.C. § 2917.07 may, for the purpose of causing an arrest to be made by a peace officer or of obtaining an arrest warrant, detain the person in a reasonable manner for a reasonable length of time within the facility or its immediate vicinity.
   (F)   The officer, agent, or employee of the library, museum, or archival institution, the merchant or an employee or agent of a merchant, or the owner, lessee, employee, or agent of the facility acting under divisions (B), (C) or (E) above shall not search the person detained, search or seize any property belonging to the person detained without the person’s consent, or use undue restraint upon the person detained.
   (G)   Any peace officer may arrest without a warrant any person that the officer has probable cause to believe has committed any act described in divisions (C)(1) or (2) above, that the officer has probable cause to believe has committed an unlawful taking in a mercantile establishment, or that the officer has reasonable cause to believe has committed an act prohibited by R.C. § 2913.07. An arrest under this division shall be made within a reasonable time after the commission of the act or unlawful taking.
(R.C. § 2935.041)
Statutory reference:
   Arrest without a warrant generally, see R.C. § 2935.03
   Probable cause, see R.C. § 2933.22
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