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642.21   DEFRAUDING CREDITORS.
   (a)   No person, with purpose to defraud one or more of his or her creditors, shall do any of the following:
      (1)   Remove, conceal, destroy, encumber, convey, or otherwise deal with any of his or her property;
      (2)   Misrepresent or refuse to disclose to a fiduciary appointed to administer or manage his or her affairs or estate, the existence, amount, or location of any of his or her property, or any other information regarding the property which he or she is legally required to furnish to the fiduciary.
   (b)   Whoever violates this section is guilty of defrauding creditors. Except as otherwise provided in this division, defrauding creditors is a misdemeanor of the first degree. If the value of the property involved is one thousand dollars ($1,000) or more, defrauding creditors is a felony to be prosecuted under appropriate State law.
(ORC 2913.45; Ord. 66-97. Passed 3-18-97.)
642.22   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 one thousand dollars ($1,000) or more;
      (2)   The property involved is any of the property listed in Ohio R.C. 2913.71;
      (3)   The property involved is a firearm or dangerous ordnance, as defined in Ohio R.C. 2923.11;
      (4)   The property involved is a motor vehicle as defined in Ohio R.C. 4501.01; or
      (5)   The property involved is any dangerous drug, as defined in Ohio R.C. 4729.01.
(ORC 2913.51; Ord. 91-00. Passed 5-15-00.)
642.23   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 archeological 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)   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.
   (c)   Whoever violates this section is guilty of desecration. A violation of division (a)(1), (2), (4) or (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.
(ORC 2927.11; Ord. 91-00. Passed 5-15-00.)
642.24   REMOVAL OF IMPROVEMENTS FROM REAL PROPERTY.
   (a)   No person having an interest in real property, buyer, lessee, tenant or occupant of real property, knowing that such real property is mortgaged or the subject of a land contract, shall remove, or cause or permit the removal of any improvement or fixture from such real property without the consent of the mortgagee, vendor under the land contract or other person authorized to give such consent.
(ORC 5301.61)
   (b)   Whoever violates this section is guilty of a misdemeanor of the first degree and shall be subject to the penalty provided in Section 698.02.
(ORC 5301.99; Ord. 278-73. Passed 12-17-73.)
642.25   THEFT OF C.A.T.V. (REPEALED)
   (EDITOR'S NOTE: Section 642.25 was repealed by Ordinance 219-85, passed November 18, 1995, because substantially equivalent State law (Ohio R.C. 4933.42 and 4933.99(A)) was repealed by Sub. S.B. No. 183, effective September 26, 1984. See Sections 642.01 and 642.02.)
642.26   PROSECUTIONS FOR THEFT OF UTILITIES.
   (a)   In a prosecution for a theft offense, as defined in Ohio 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 Ohio 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:
      (1)   “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 Ohio R.C. 4905.03, its lessees, trustees or receivers, or any similar utility owned or operated by a political subdivision.
      (2)   “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.
   (d)   Each electric light company, gas company, natural gas company, pipeline company, waterworks company or heating or cooling company, as defined by Ohio R.C. 4905.03, 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.
(Ord. 66-97. Passed 3-18-97.)
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