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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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§ 131.25 EVIDENCE OF INTENT TO COMMIT THEFT OF RENTED PROPERTY; EVIDENCE OF LACK OF CAPACITY TO CONSENT.
   (A)   Evidence of intent to commit theft of rented property.
      (1)   As used in this division (A):
         RENTER. Means a person who owns rented property.
         RENTEE. Means a person who pays consideration to a renter for the use of rented property.
      (2)   Each of the following shall be considered evidence of intent to commit theft of rented property or rental services:
         (a)   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.
         (b)   After receiving a notice demanding the return of the rented property as provided in division (A)(3) of this section, the rentee neither returned the rented property nor made arrangements acceptable with the renter to return the rented property.
      (3)   To establish that a rentee has an intent to commit theft of rented property or rental services under division (A)(2)(b) 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.
      (4)   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 (A)(2) 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)
   (B)   Evidence of lack of capacity to consent.
      (1)   In a prosecution for any alleged violation of § 131.08 through 131.20, 131.23, 131.25 through 131.29, or 132.11, if the lack of consent of the victim is an element of the provision that allegedly was violated, evidence that, at the time of the alleged violation, the victim lacked the capacity to give consent is admissible to show that the victim did not give consent.
      (2)   As used in this section, LACKS THE CAPACITY TO CONSENT means being impaired for any reason to the extent that the person lacks sufficient understanding or capacity to make and carry out reasonable decisions concerning the person or the person's resources.
(R.C. § 2913.73)
§ 131.26 FORGERY OF IDENTIFICATION CARDS.
   (A)   No person shall knowingly do either of the following:
      (1)   Forge an identification card.
      (2)   Sell or otherwise distribute a card that purports to be an identification card, knowing it was forged.
   (B)   As used in this section, IDENTIFICATION CARD means a card that includes personal information or characteristics of an individual, a purpose of which is to establish the identity of the bearer described on the card, whether the words "identity," "identification," "identification card," or other similar words appear on the card.
   (C)   (1)   Whoever violates this section is guilty of forging identification cards or selling or distributing forged identification cards. Except as otherwise provided in this division, forging identification cards or selling or distributing forged identification cards is a misdemeanor of the first degree. If the offender previously has been convicted of a violation of division (A) of this section or a substantially equivalent state law or municipal ordinance, forging identification cards or selling or distributing forged identification cards is a misdemeanor of the first degree and, in addition, the court shall impose upon the offender a fine not less than $250.
      (2)    If the victim of a violation of this section is an elderly person, R.C. § 2913.31(C)(2)(b) applies and the offense shall be prosecuted under R.C. § 2913.31.
(R.C. § 2913.31(B), (C)(2))
Statutory reference:
   Forgery, felony provisions, see R.C. § 2913.31(A), (C)(1)
   Forgery of originating address or other routing information in connection with the transmission of an electronic mail advertisement, felony provisions, see R.C. § 2307.64
§ 131.27 CRIMINAL SIMULATION.
   (A)   No person, with purpose to defraud, or knowing that the person is facilitating a fraud, shall do any of the following:
      (1)   Make or alter any object so that it appears to have value because of antiquity, rarity, curiosity, source, or authorship, which it does not in fact possess.
      (2)   Practice deception in making, retouching, editing, or reproducing any photograph, movie film, video tape, phonograph record, or recording tape.
      (3)   Falsely or fraudulently make, simulate, forge, alter, or counterfeit any wrapper, label, stamp, cork or cap prescribed by the Liquor Control Commission under R.C. Chapters 4301 and 4303, falsely or fraudulently cause to be made, simulated, forged, altered, or counterfeited any wrapper, label, stamp, cork or cap prescribed by the Liquor Control Commission under R.C. Chapters 4301 and 4303, or use more than once any wrapper, label, stamp, cork or cap prescribed by the Liquor Control Commission under R.C. Chapters 4301 and 4303.
      (4)   Offer, or possess with the purpose to offer, any object that the person knows to have been simulated as provided in divisions (A)(1), (2) or (3) of this section.
   (B)   Whoever violates this section is guilty of criminal simulation. Except as otherwise provided in this division, criminal simulation is a misdemeanor of the first degree. If the loss to the victim is $1,000 or more, criminal simulation is a felony to be prosecuted under appropriate state law.
(R.C. § 2913.32)
§ 131.28 PERSONATING AN OFFICER.
   (A)   No person, with purpose to defraud or knowing that he or she is facilitating a fraud, or with purpose to induce another to purchase property or services, shall personate a law enforcement officer, or an inspector, investigator, or agent of any governmental agency.
   (B)   Whoever violates this section is guilty of personating an officer, a misdemeanor of the first degree.
(R.C. § 2913.44)
Cross-reference:
   Impersonating an officer (non-fraud offense), see § 132.12
§ 131.29 TRADEMARK COUNTERFEITING.
   (A)   No person shall knowingly do any of the following:
      (1)   Attach, affix, or otherwise use a counterfeit mark in connection with the manufacture of goods or services, whether or not the goods or services are intended for sale or resale.
      (2)   Possess, sell, or offer for sale tools, machines, instruments, materials, articles, or other items of personal property with the knowledge that they are designed for the production or reproduction of counterfeit marks.
      (3)   Purchase or otherwise acquire goods, and keep or otherwise have the goods in the person's possession, with the knowledge that a counterfeit mark is attached to, affixed to, or otherwise used in connection with the goods and with the intent to sell or otherwise dispose of the goods.
      (4)   Sell, offer for sale, or otherwise dispose of goods with the knowledge that a counterfeit mark is attached to, affixed to, or otherwise used in connection with the goods.
      (5)   Sell, offer for sale, or otherwise provide services with the knowledge that a counterfeit mark is used in connection with that sale, offer for sale, or other provision of the services.
   (B)   Whoever violates this section is guilty of trademark counterfeiting.
      (1)   A violation of division (A)(1) of this section is guilty of a felony to be prosecuted under appropriate state law.
      (2)    Except as otherwise provided in this division, a violation of division (A)(2) of this section is a misdemeanor of the first degree. If the circumstances of the violation indicate that the tools, machines, instruments, materials, articles, or other items of personal property involved in the violation were intended for use in the commission of a felony, a violation of division (A)(2) is a felony to be prosecuted under appropriate state law.
      (3)   Except as otherwise provided in this division, a violation of division (A)(3), (A)(4) or (A)(5) of this section is a misdemeanor of the first degree. If the cumulative sales price of the goods or services to which or in connection with which the counterfeit mark is attached, affixed or otherwise used in the offense is $1,000 or more, a violation of division (A)(3), (A)(4) or (A)(5) is a felony to be prosecuted under appropriate state law.
   (C)   A defendant may assert as an affirmative defense to a charge of a violation of this section defenses, affirmative defenses, and limitations on remedies that would be available in a civil, criminal or administrative action or proceeding under the Lanham Act, being 15 U.S.C. §§ 1051 through 1127, as amended, the Trademark Counterfeiting Act of 1984, being 18 U.S.C. § 2320, as amended, R.C. Chapter 1329 or another section of the Ohio Revised Code, or common law.
   (D)   (1)   Law enforcement officers may seize pursuant to Criminal Rule 41, R.C. Chapter 2933, or R.C. Chapter 2981 either of the following:
         (a)   Goods to which or in connection with which a person attached, affixed, otherwise used, or intended to attach, affix or otherwise use a counterfeit mark in violation of this section.
         (b)   Tools, machines, instruments, materials, articles, vehicles or other items of personal property that are possessed, sold, offered for sale, or used in a violation of this section or in an attempt to commit or complicity in the commission of a violation of this section.
      (2)   Notwithstanding any contrary provision of R.C. Chapter 2981, if a person is convicted of or pleads guilty to a violation of this section, an attempt to violate this section, or complicity in a violation of this section, the court involved shall declare that the goods described in division (D)(1)(a) of this section and the personal property described in division (D)(1)(b) of this section are contraband and are forfeited. Prior to the court's entry of judgment under Criminal Rule 32, the owner of a registered trademark or service mark that is the subject to the counterfeit mark may recommend a manner in which the forfeited goods and forfeited personal property should be disposed of. If that owner makes a timely recommendation of a manner of disposition, the court is not bound by the recommendation. If that owner makes a timely recommendation of a manner of disposition, the court may include in its entry of judgment an order that requires appropriate persons to dispose of the forfeited goods and forfeited personal property in the recommended manner. If the owner fails to make a timely recommendation of a manner of disposition or if that owner makes a timely recommendation of a manner of disposition but the court determines to not follow the recommendation, the court shall include in its entry of judgement an order that requires the law enforcement agency that employs the law enforcement officer who seized the forfeited goods or the forfeited personal property to destroy them or cause their destruction.
   (E)   This section does not affect the rights of an owner of a trademark or service mark, or the enforcement in a civil action or in administrative proceedings of the rights of an owner or a trademark or service mark under the Lanham Act, being 15 U.S.C. §§ 1051 through 1127, as amended, the Trademark Counterfeiting Act of 1984, being 18 U.S.C. § 2320, as amended, R.C. Chapter 1329, or another section of the Ohio Revised Code, or common law.
   (F)   As used in this section:
      COUNTERFEIT MARK.
         (a)   Except as provided in division (b) of this definition, the term means a spurious trademark or a spurious service mark that satisfies both of the following:
            1.   It is identical with or substantially indistinguishable from a mark that is registered on the principal register in the United States Patent and Trademark Office for the same goods or services as the goods or services to which or in connection with which the spurious trademark or spurious service mark is attached, affixed, or otherwise used, or from a mark that is registered with the Secretary of State pursuant to R.C. §§ 1329.54 through 1329.67 for the same goods or services as the goods or services to which or in connection with which the spurious trademark or spurious service mark is attached, affixed, or otherwise used, and the owner of the registration uses that registered trademark, whether or not the offender knows that the mark is registered in a manner described in this division (a)1.
            2.   Its use is likely to cause confusion or mistake or to deceive other persons.
         (b)   The term does not include a mark or other designation that is attached to, affixed to, or otherwise used in connection with goods or services if the holder of the right to use the mark or other designation authorizes the manufacturer, producer, or vendor of those goods or services to attach, affix, or otherwise use the mark or other designation in connection with those goods or services at the time of their manufacture, production or sale.
      CUMULATIVE SALES PRICE. Means the product of the lowest single unit sales price charged or sought to be charged by an offender for goods to which or in connection with which a counterfeit mark is attached, affixed, or otherwise used or of the lowest single service transaction price charged or sought to be charged by an offender for services in connection with which a counterfeit mark is used, multiplied by the total number of those goods or services, whether or not units of goods are sold or are in an offender's possession, custody or control.
      REGISTERED TRADEMARK OR SERVICE MARK. Means a trademark or service mark that is registered in a manner described in division (a) of the definition of "counterfeit mark."
      SERVICE MARK. Has the same meaning as in R.C. § 1329.54.
      TRADEMARK. Has the same meaning as in R.C. § 1329.54.
(R.C. § 2913.34)
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