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(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) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) TAMPER. 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.
(R.C. § 4933.18)
(2) UTILITY. 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.
(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)
Editor’s note:
Section 642.27 was repealed as part of the 1996 updating and revision of these Codified Ordinances because a violation of substantially equivalent state law (R.C. § 2913.46) was made a felony by the Ohio General Assembly by Am. Sub. S.B. No. 269, effective June 28, 1996 and July 1, 1996.
(a) No person shall distribute handbills, circulars or other advertisements, or ring a doorbell, sound a door knocker, or otherwise call the inhabitant of any residence to the door for the purpose of receiving such handbill, circular or other advertisement which he or she or any person with him or her may be distributing. This section shall not apply to cards or circulars promoting a candidate for public office, civic issues or elections, or charitable causes.
(b) No person shall hire any person to distribute any handbill, circular or other advertisement contrary to the provisions of division (a) of this section.
(c) Whoever violates any of the provisions of this section is guilty of a minor misdemeanor.
(1964 Code, § 509.10)
(a) No person shall stick or post any advertisement, poster, sign, handbill or placard of any description upon any private building, tree, post, fence, billboard or other structure or thing, the property of another, without permission of the occupant or owner of the same, nor paint, mark, write, print, impress or in any manner attach any notice or advertisement, or the name of any commodity or thing, or any trademark, symbol or figure of any kind upon anything whatever, the property of another, without first obtaining permission of the owner of such thing on which he or she desires to place such notice, advertisement, name, mark or figure. This provision does not modify city parking regulations applicable to signs.
(b) No person shall stick, post or attach any advertisement, poster, sign, handbill or placard of any kind or description upon any telegraph, telephone, railway or electric light pole within the city or upon any public building, voting booth, flagging, curbstone, walk, step, stone or sidewalk, or write, print or impress or in any manner attach any notice or advertisement of any kind upon any public building, voting booth, flagging, curbstone, step, stone or sidewalk, the property of the city, or within the street lines of the city, or over which the city or Council has the care, custody or control, except such as may be required by the laws of the state or the ordinances of the city.
(c) Whoever violates any of the provisions of this section is guilty of a minor misdemeanor.
(1964 Code, § 541.25)
(a) As used in this section,
PUBLIC TRANSPORTATION SYSTEM means a county transit system operated in accordance with R.C. §§ 306.01 to 306.13, a regional transit authority operated in accordance with R.C. §§ 306.30 to 306.71 or a regional transit commission operated in accordance with 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 equivalent 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% 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% 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% of each fine shall be deposited into the treasury of the county.
(R.C. § 2917.41)
(a) No person shall purposely or negligently detain or fail to return to a public library any book, magazine, pamphlet, manuscript, picture, clipping, phonograph, video recording or other property belonging to such library, or fail or refuse to pay the reasonable value thereof, within 30 days from the date of the posting by registered mail of the notice addressed to such person at the last address furnished the public library, which notice may be given at any time after the date on which such person should have returned the loaned property.
(b) No person shall give a fictitious or incorrect name or address at any public library in order to obtain possess or use of any book, magazine, pamphlet, manuscript, picture, clipping, phonograph, video recording or other property belonging to such library, or practice any deceit of any character whatsoever to conceal or mislead with respect to such person’s identity, address or place of employment.
(c) Whoever violates any of the provisions of this section is guilty of a minor misdemeanor.
(1964 Code, § 541.26)
(a) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) DATA. Has the same meaning as in R.C. § 2913.01 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. 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. Any person that is authorized to engage in the business of insurance in this state under R.C. Title 39, the Ohio Fair Plan Underwriting Association created under 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. 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 expense; computer-generated document; and data in any form.
(b) No person, with purpose to defraud or knowing that the person 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; or
(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 (c), 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 R.C. § 2317.02(A).
(R.C. § 2913.47)
(a) 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 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 Bureau of Workers’ Compensation, or a self-insuring employer under R.C. Chapter 4121, 4123, 4127 or 4131;
(4) Enter into an agreement or conspiracy to defraud the Bureau of Workers’ Compensation 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 or 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 or falsely show current or correct workers’ compensation coverage; or
(7) Fail to secure or maintain workers’ compensation coverage as required by R.C. Chapter 4123 with the intent to defraud the Bureau of Workers’ Compensation.
(b) Whoever violates this section is guilty of workers’ compensation fraud. Except as otherwise provided in this division (b), workers’ compensation fraud is a misdemeanor of the first degree. If the value of premiums and assessments unpaid pursuant to actions described in division (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.
(c) 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 under federal, state or local law.
(d) 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.
(e) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) CLAIM. Any attempt to cause the Bureau of Workers’ Compensation, an independent third party with whom the administrator or an employer contracts under 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 R.C. § 4123.01.
(3) EMPLOYMENT. Participating in any trade, occupation, business, service or profession for substantial gainful remuneration.
(4) FALSE. 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. 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. Any compensation or benefits payable under R.C. Chapter 4121, 4123, 4127 or 4131.
(R.C. § 2913.48)
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