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(a) No person shall destroy, damage, remove, or transfer property that is subject to forfeiture or otherwise take any action in regard to property that is subject to forfeiture with purpose to do any of the following:
(1) Prevent or impair the State’s or political subdivision’s lawful authority to take the property into its custody or control under Ohio R.C. Chapter 2981 or to continue holding the property under its lawful custody or control;
(2) Impair or defeat the court’s continuing jurisdiction over the person and property;
(3) Devalue property that the person knows, or has reasonable cause to believe, is subject to forfeiture proceedings under Ohio R.C. Chapter 2981.
(b) Whoever violates this section is guilty of interference with or diminishing forfeitable property. Except as otherwise provided in this division (b), interference with or diminishing forfeitable property is a misdemeanor of the first degree. If the value of the property is five hundred dollars ($500.00) or more, interference with or diminishing forfeitable property is a felony to be prosecuted under appropriate state law.
(ORC 2981.07)
(a) No person shall remove, displace or destroy any monument, marker, post or stake set by any engineer or surveyor to define a survey line, a boundary line of any private or public land, a line of an original lot or a line of a street or highway.
(Ord. 1068. Passed 10-20-43.)
(b) Whoever violates this section is guilty of a misdemeanor of the third degree and shall be subject to the penalty provided in Section 698.02.
(a) No person shall remove and/or take a sewerage system manhole cover without first obtaining the consent of the proper Municipal authorities.
(Ord. 1969-10. Passed 1-22-69.)
(b) Whoever violates this section is guilty of a misdemeanor of the third degree and shall be subject to the penalty provided in Section 698.02.
(a) As used in this section, "public transportation system" means a county transit system operated in accordance with Ohio R.C. 306.01 to 306.13, a regional transit authority operated in accordance with Ohio R.C. 306.30 to 306.71, or a regional transit commission operated in accordance with Ohio 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 similar 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 percent 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 percent 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 percent of each fine shall be deposited into the treasury of the County.
(ORC 2917.41)
(a) For the purpose of locating stolen motor vehicles, the Chief of Police or his or her authorized representative may inspect any motor vehicle situated in the City in any public garage, community garage, storage garage, service garage, repair shop, parking lot, auto sales lot, vehicle leasing or rental lot, motor vehicle salvage facility, scrap metal processing facility, auto wrecking yard, junk yard or other similar establishment, and may inspect the title, registration, vehicle identification number or license plates of the vehicle in order to establish the rightful ownership or possession of the vehicle.
(b) For the purpose of locating a stolen vehicle, the Chief of Police or his or her authorized representative may inspect implements of husbandry and construction equipment in places described in subsection (a) hereof.
(c) Whenever possible, inspections conducted pursuant to subsection (a) or (b) hereof shall be conducted at a time and in a manner so as to minimize any interference with or delay of business operations.
(d) No person, without privilege to do so and with purpose to prevent, obstruct or delay the performance of a police officer from inspecting any place described in subsection (a) hereof, shall do any act which hampers or impedes a police officer from making an inspection pursuant to this section.
(e) Whoever violates this section is guilty of obstructing vehicle inspections, a misdemeanor of the second degree, and shall be subject to the penalty provided in Section 698.02.
(Ord. 1989-71. Passed 5-15-89.)
(a) As used in this section:
(1) "Data" has the same meaning as in Section 642.01 and additionally includes any other representation of information, knowledge, facts, concepts or instructions that are being or have been prepared in a formalized manner.
(2) "Deceptive" means that a statement, in whole or in part, would cause another to be deceived because it contains a misleading representation, withholds information, prevents the acquisition of information or by any other conduct, act or omission creates, confirms or perpetuates a false impression, including, but not limited to, a false impression as to law, value, state of mind or other objective or subjective fact.
(3) "Insurer" means any person who or which is authorized to engage in the business of insurance in this State under Title XXXIX of the Ohio Revised Code, the Ohio fair plan underwriting association created under Ohio R.C. 3929.43, any health insuring corporation, and any legal entity that is self-insured and provides benefits to its employees or members.
(4) "Policy" means a policy, certificate, contract or plan that is issued by an insurer.
(5) "Statement" includes, but is not limited to, any notice, letter or memorandum; proof of loss; bill of lading; receipt for payment; invoice account or other financial statement; estimate of property damage; bill for services; diagnosis or prognosis; prescription; hospital, medical or dental chart or other record; X-ray, photograph, videotape or movie film; test result; other evidence of loss, injury or expenses, computer-generated document; and data in any form.
(b) No person, with purpose to defraud or knowing that he or she is facilitating a fraud shall do either of the following:
(1) Present to, or cause to be presented to, an insurer any written or oral statement that is part of, or in support of, an application for insurance, a claim for payment pursuant to a policy or a claim for any other benefit pursuant to a policy, knowing that the statement, or any part of the statement, is false or deceptive;
(2) Assist, aid, abet, solicit, procure or conspire with another to prepare or make any written or oral statement that is intended to be presented to an insurer as part of, or in support of, an application for insurance, a claim for payment pursuant to a policy, or a claim for any other benefit pursuant to a policy, knowing that the statement, or any part of the statement, is false or deceptive.
(c) Whoever violates this section is guilty of insurance fraud. Except as otherwise provided in this division, insurance fraud is a misdemeanor of the first degree. If the amount of the claim that is false or deceptive is $1,000 or more, insurance fraud is a felony to be prosecuted under appropriate state law.
(d) This section shall not be construed to abrogate, waive or modify Ohio R.C. 2317.02(a).
(ORC 2913.47)
(a) As used in this section:
(1) "Claim" means any attempt to cause the Ohio Bureau of Workers' Compensation, an independent third party with whom the Administrator of Workers' Compensation or an employer contracts under Ohio R.C. 4121.44, or a self-insuring employer, to make payment or reimbursement for workers' compensation benefits.
(2) "Employer," "employee" and "self-insuring employer" have the same meanings as in Ohio R.C. 4123.01.
(3) "Employment" means participating in any trade, occupation, business, service or profession for substantial gainful remuneration.
(4) "False" means wholly or partially untrue or deceptive.
(5) "Goods" includes, but is not limited to, medical supplies, appliances, rehabilitative equipment and any other apparatus or furnishing provided or used in the care, treatment or rehabilitation of a claimant for workers' compensation benefits.
(6) "Records" means any medical, professional, financial or business record relating to the treatment or care of any person, to goods or services provided to any person, or to rates paid for goods or services provided to any person, or any record that the Administrator of Workers' Compensation requires pursuant to rule.
(7) "Remuneration" includes, but is not limited to, wages, commissions, rebates and any other reward or consideration.
(8) "Services" includes, but is not limited to, any service provided by any health care provider to a claimant for workers' compensation benefits and any and all services provided by the bureau as part of workers' compensation insurance coverage.
(9) "Statement" includes, but is not limited to, any oral, written, electronic, electronic impulse or magnetic communication notice, letter, memorandum, receipt for payment, invoice, account, financial statement or bill for services; a diagnosis, prognosis, prescription, hospital, medical or dental chart or other record; and a computer-generated document.
(10) "Workers' compensation benefits" means any compensation or benefits payable under Ohio R.C. Chapter 4121, 4123, 4127 or 4131.
(b) No person, with purpose to defraud or knowing that the person is facilitating a fraud, shall do any of the following:
(1) Receive workers' compensation benefits to which the person is not entitled;
(2) Make or present or cause to be made or presented a false or misleading statement with the purpose to secure payment for goods or services rendered under Ohio R.C. Chapter 4121, 4123, 4127 or 4131, or to secure workers' compensation benefits;
(3) Alter, falsify, destroy, conceal or remove any record or document that is necessary to fully establish the validity of any claim filed with, or necessary to establish the nature and validity of all goods and services for which reimbursement or payment was received or is requested from, the Ohio Bureau of Workers' Compensation or a self-insuring employer under Ohio R.C. Chapter 4121, 4123, 4127 or 4131; or
(4) Enter into an agreement or conspiracy to defraud the Bureau or a self-insuring employer by making or presenting or causing to be made or presented a false claim for workers' compensation benefits;
(5) Make or present or cause to be made or presented a false statement concerning manual codes, classification of employees, payroll, paid compensation, or number of personnel, when information of that nature is necessary to determine the actual workers' compensation premium or assessment owed to the Bureau by an employer;
(6) Alter, forge, or create a workers' compensation certificate to falsely show current or correct workers' compensation coverage;
(7) Fail to secure or maintain workers' compensation coverage as required by Ohio R.C. 4123 with the intent to defraud the Bureau of Workers’ Compensation.
(c) Whoever violates this section is guilty of workers' compensation fraud. Except as otherwise provided in this division, workers' compensation fraud is a misdemeanor of the first degree. If the value of premiums and assessments unpaid pursuant to actions described in divisions (a)(5), (a)(6), or (a)(7) of this section, or goods, services, property, or money stolen is $1,000 or more, workers' compensation fraud is a felony to be prosecuted under appropriate State law.
(d) Upon application of the governmental body that conducted the investigation and prosecution of a violation of this section, the court shall order the person who is convicted of the violation to pay the governmental body its costs of investigating and prosecuting the case. These costs are in addition to any other costs or penalty provided in this section, in these Codified Ordinances, in the Ohio Revised Code or in any other section of law.
(e) The remedies and penalties provided in this section are not exclusive remedies and penalties and do not preclude the use of any other criminal or civil remedy or penalty for any act that is in violation of this section.
(ORC 2913.48)
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