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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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§ 131.31 RECORDING CREDIT CARD, TELEPHONE OR SOCIAL SECURITY NUMBERS.
   (A)   No person shall record or cause to be recorded either of the following:
      (1)   A credit card account number of the other party to a transaction, when a check, bill of exchange or other draft is presented for payment; or
      (2)   The telephone number or Social Security account number of the other party to a transaction, when payment is made by credit card charge agreement, check, bill of exchange or other draft.
   (B)   Division (A) of this section does not apply to a transaction, if all of the following conditions are met:
      (1)   The credit card account number, Social Security account number or telephone number is recorded for a legitimate business purpose, including collection purposes.
      (2)   The other party to the transaction consents to the recording of the credit card account number, Social Security account number or telephone number.
      (3)   The credit card account number, Social Security account number or telephone number that is recorded during the course of the transaction is not disclosed to any third party for any purposes other than collection purposes and is not used to market goods or services unrelated to the goods or services purchased in the transaction.
   (C)   Nothing in this section prohibits the recording of the number of a credit card account when given in lieu of a deposit to secure payment in the event of default, loss, damage or other occurrence, or requires a person to accept a check presented for payment, if the other party to the transaction refuses to consent to the recording of the number of the party's Social Security account or license to operate a motor vehicle.
(R.C. § 1349.17)
   (D)   Whoever violates any of the provisions of this section is guilty of a minor misdemeanor.
(R.C. § 1349.99)
§ 131.32 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)   As used in this section:
      TAMPER. Means 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.
      UTILITY. Means 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.
(R.C. § 4933.18)
   (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)
§ 131.33 MOTION PICTURE PIRACY.
   (A)   As used in this section:
      AUDIOVISUAL RECORDING FUNCTION. Means the capability of a device to record or transmit a motion picture or any part of a motion picture by means of any technology existing on, or developed after, March 9, 2004.
      FACILITY. Means a movie theater.
   (B)   No person, without the written consent of the owner or lessee of the facility and of the licensor of the motion picture, shall knowingly operate an audiovisual recording function of a device in a facility in which the motion picture is being shown.
   (C)   Whoever violates division (B) of this section is guilty of motion picture piracy, a misdemeanor of the first degree on the first offense and a felony to be prosecuted under appropriate state law on each subsequent offense.
   (D)   This section does not prohibit or restrict a lawfully authorized investigative, law enforcement, protective, or intelligence gathering employee or agent of the government of this state or a political subdivision of this state, or of the federal government, when acting in an official capacity, from operating an audiovisual recording function of a device in any facility in which a motion picture is being shown.
   (E)   Division (B) of this section does not limit or affect the application of any other prohibition in this code or the Ohio Revised Code. Any act that is a violation of both division (B) of this section and another provision of this code or the Ohio Revised Code may be prosecuted under this section, under the other provision of this code or the Ohio Revised Code, or under both this section and the other provision of this code or the Ohio Revised Code.
(R.C. § 2913.07)
§ 131.34 RAILROAD VANDALISM; CRIMINAL TRESPASS; INTERFERENCE WITH OPERATION OF TRAIN; GRADE CROSSING DEVICE VANDALISM.
   (A)   No person shall knowingly, and by any means, drop or throw any object at, onto, or in the path of, any railroad rail, railroad track, locomotive, engine, railroad car, or other vehicle of a railroad company while such vehicle is on a railroad track.
   (B)   No person, without privilege to do so, shall climb upon or into any locomotive, engine, railroad car, or other vehicle of a railroad company when it is on a railroad track.
   (C)   No person, without privilege to do so, shall disrupt, delay, or prevent the operation of any train or other vehicle of a railroad company while such vehicle is on a railroad track.
   (D)   Whoever violates division (A) of this section is guilty of railroad vandalism. Whoever violates division (B) of this section is guilty of criminal trespass on a locomotive, engine, railroad car, or other railroad vehicle. Whoever violates division (C) of this section is guilty of interference with the operation of a train. Except as otherwise provided in this division, railroad vandalism; criminal trespass on a locomotive, engine, railroad car, or other railroad vehicle; and interference with the operation of a train each is a misdemeanor of the first degree. If the violation of division (A), (B), or (C) of this section causes serious physical harm to property or creates a substantial risk of physical harm to any person, causes physical harm to any person, or causes serious physical harm to any person, the violation is a felony to be prosecuted under appropriate state law.
(R.C. § 2909.10)
   (E)   No person shall knowingly deface, damage, obstruct, remove, or otherwise impair the operation of any railroad grade crossing warning signal or other protective device, including any gate, bell, light, crossbuck, stop sign, yield sign, advance warning sign, or advance pavement marking.
   (F)   Whoever violates division (E) of this section is guilty of railroad grade crossing device vandalism. Except as otherwise provided in this division, railroad grade crossing device vandalism is a misdemeanor of the first degree. If the violation of division (E) of this section causes serious physical harm to property or creates a substantial risk of physical harm to any person, causes physical harm to any person, or causes serious physical harm to any person, railroad grade crossing device vandalism is a felony to be prosecuted under appropriate state law.
(R.C. § 2909.101)
§ 131.35 DESECRATION.
   (A)   No person, without privilege to do so, shall purposely deface, damage, pollute, or otherwise physically mistreat any of the following:
      (1)   Any public monument;
      (2)   Any historical or commemorative marker, or any structure, Indian mound or earthwork, cemetery, thing, or site of great historical or archaeological interest;
      (3)   A place of worship, its furnishings, or religious artifacts or sacred texts within the place of worship or within the grounds upon which the place of worship is located;
      (4)   A work of art or museum piece;
      (5)   Any other object of reverence or sacred devotion.
   (B)   Whoever violates this section is guilty of desecration. A violation of division (A)(1), (A)(2), (A)(4), or (A)(5) of this section is a misdemeanor of the second degree. A violation of division (A)(3) of this section is a felony to be prosecuted under appropriate state law.
   (C)   As used in this section, "cemetery" means any place of burial and includes burial sites that contain American Indian burial objects placed with or containing American Indian human remains.
(R.C. § 2927.11)