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541.051 AGGRAVATED TRESPASS.
   (a)   (1)   No person shall enter or remain on the land or premises of another with purpose to commit on that land or those premises a misdemeanor, the elements of which involve causing physical harm to another person or causing another person to believe that the offender will cause physical harm to that person.
      (2)   No person shall enter or remain on a critical infrastructure facility with purpose to destroy or tamper with the facility.
   (b)   Whoever violates this section is guilty of aggravated trespass. Aggravated trespass in violation of division (a)(1) of this section is a misdemeanor of the first degree. Aggravated trespass in violation of division (a)(2) of this section is a felony to be prosecuted under appropriate state law.
   (c)   As used in this section, "critical infrastructure facility" has the same meaning as in R.C. § 2911.21.
(R.C. § 2911.211)
541.06 DESTRUCTION OF SHRUBS, TREES OR CROPS.
   (a)   No person, without privilege to do so, shall recklessly cut down, destroy, girdle, or otherwise injure a vine, bush, shrub, sapling, tree, or crop standing or growing on the land of another or upon public land.
   (b)   In addition to the penalty provided in division (c) of this section, whoever violates this section is liable in treble damages for the injury caused.
(ORC 901.51)
   (c)   Whoever violates this section is guilty of a misdemeanor of the fourth degree.
(ORC 901.99(A))
541.07 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)
541.08 ETHNIC INTIMIDATION. (RECODIFIED)
   (EDITOR'S NOTE: Section 541.08 was recodified as part of the 1995 updating and revision of these Codified Ordinances. See Section 537.19.)
541.09 ASSAULTING POLICE DOG OR HORSE OR ASSISTANCE DOG.
   (a)   No person shall knowingly cause, or attempt to cause, physical harm to a police dog or horse in either of the following circumstances:
      (1)   The police dog or horse is assisting a law enforcement officer in the performance of the officer’s official duties at the time the physical harm is caused or attempted.
      (2)   The police dog or horse is not assisting a law enforcement officer in the performance of the officer’s official duties at the time the physical harm is caused or attempted, but the offender has actual knowledge that the dog or horse is a police dog or horse.
   (b)   No person shall recklessly do any of the following:
      (1)   Taunt, torment, or strike a police dog or horse;
      (2)   Throw an object or substance at a police dog or horse;
      (3)   Interfere with or obstruct a police dog or horse, or interfere with or obstruct a law enforcement officer who is being assisted by a police dog or horse, in a manner that does any of the following:
         A.   Inhibits or restricts the law enforcement officer's control of the police dog or horse;
         B.   Deprives the law enforcement officer of control of the police dog or horse;
         C.   Releases the police dog or horse from its area of control;
         D.   Enters the area of control of the police dog or horse without the consent of the law enforcement officer, including placing food or any other object or substance into that area;
         E.   Inhibits or restricts the ability of the police dog or horse to assist a law enforcement officer;
      (4)   Engage in any conduct that is likely to cause serious physical injury or death to a police dog or horse.
      (5)   If the person is the owner, keeper, or harborer of a dog, fail to reasonably restrain the dog from taunting, tormenting, chasing, approaching in a menacing fashion or apparent attitude of attack, or attempting to bite or otherwise endanger a police dog or horse that at the time of the conduct, the police dog or horse is assisting a law enforcement officer in the performance of the officer’s duties or that the person knows is a police dog or horse.
   (c)   No person shall knowingly cause, or attempt to cause, physical harm to an assistance dog in either of the following circumstances:
      (1)   The dog, at the time the physical harm is caused or attempted, is assisting or serving a person who is blind, deaf, or hearing impaired or a person with a mobility impairment.
      (2)   The dog, at the time the physical harm is caused or attempted, is not assisting or serving a person who is blind, deaf, or hearing impaired or a person with a mobility impairment, but the offender has actual knowledge that the dog is an assistance dog.
   (d)   No person shall recklessly do any of the following:
      (1)   Taunt, torment, or strike an assistance dog;
      (2)   Throw an object or substance at an assistance dog;
      (3)   Interfere with or obstruct an assistance dog, or interfere with or obstruct a person who is blind, deaf, or hearing impaired or a person with a mobility impairment who is being assisted or served by an assistance dog, in a manner that does any of the following:
         A.   Inhibits or restricts the assisted or served person’s control of the dog;
         B.   Deprives the assisted or served person of control of the dog;
         C.   Releases the dog from its area of control;
         D.   Enters the area of control of the dog without the consent of the assisted or served person, including placing food or any other object or substance into that area;
         E.   Inhibits or restricts the ability of the dog to assist the assisted or served person;
      (4)   Engage in any conduct that is likely to cause serious physical injury or death to an assistance dog;
      (5)   If the person is the owner, keeper, or harborer of a dog, fail to reasonably restrain the dog from taunting, tormenting, chasing, approaching in a menacing fashion or apparent attitude of attack, or attempting to bite or otherwise endanger an assistance dog that at the time of the conduct is assisting or serving a person who is blind, deaf, or hearing impaired or a person with a mobility impairment or that the person knows is an assistance dog.
   (e)   (1)   Whoever violates division (a) of this section is guilty of assaulting a police dog or horse. Except as otherwise provided in this division, assaulting a police dog or horse is a misdemeanor of the second degree. If the violation results in physical harm to the police dog or horse other than death or serious physical harm, assaulting a police dog or horse is a misdemeanor of the first degree. If the violation results in serious physical harm to the police dog or horse or results in its death, assaulting a police dog or horse is a felony to be prosecuted under appropriate State law.
      (2)   Whoever violates division (b) of this section is guilty of harassing a police dog or horse. Except as otherwise provided this division, harassing a police dog or horse is a misdemeanor of the second degree. If the violation results in physical harm to the police dog or horse but does not result in its death or in serious physical harm to it, harassing a police dog or horse is a misdemeanor of the first degree. If the violation results in serous physical harm to the police dog or horse or results in its death, harassing a police dog or horse is a felony to be prosecuted under appropriate State law.
      (3)   Whoever violates division (c) of this section is guilty of assaulting an assistance dog. Except as otherwise provided in this division, assaulting an assistance dog is a misdemeanor of the second degree. If the violation results in physical harm to the assistance dog other than death or serious physical harm, assaulting an assistance dog is a misdemeanor of the first degree. If the violation results in serious physical harm to the assistance dog or results in its death, assaulting an assistance dog is a felony to be prosecuted under appropriate State law.
      (4)   Whoever violates division (d) of this section is guilty of harassing an assistance dog. Except as otherwise provided in this division, harassing an assistance dog is a misdemeanor of the second degree. If the violation results in physical harm to the assistance dog but does not result in the death or in serious physical harm to it, harassing an assistance dog is a misdemeanor of the first degree. If the violation results in serious physical harm to the assistance dog or results in its death, harassing an assistance dog is a felony to be prosecuted under appropriate State law.
      (5)   In addition to any other sanctions or penalty imposed for the offense under this section, Ohio R.C. Chapter 2929 or any other provision of the Ohio Revised Code or this code, whoever violates division (a), (b), (c), or (d) of this section is responsible for the payment of all of the following:
         A.   Any veterinary bill or bill for medication incurred as a result of the violation by the police department regarding a violation of division (a) or (b) of this section or by the person who is blind, deaf, or hearing impaired or the person with a mobility impairment assisted or served by the assistance dog regarding a violation of division (c) or (d) of this section;
         B.   The cost of any damaged equipment that results from the violation;
         C.   If the violation did not result in the death of the police dog or horse or the assistance dog that was the subject of the violation and if, as a result of that dog or horse being the subject of the violation, the dog or horse needs further training or retraining to be able to continue in the capacity of a police dog or horse or an assistance dog, the cost of any further training or retraining of that dog or horse by a law enforcement officer or by the person who is blind, deaf, or hearing impaired or the person with a mobility impairment assisted or served by the assistance dog;
         D.   If the violation resulted in the death of the assistance dog that was the subject of the violation or resulted in serious physical harm to the police dog or horse or the assistance dog or horse that was the subject of the violation to the extent that the dog or horse needs to be replaced on either a temporary or a permanent basis, the cost of replacing that dog or horse and of any further training of a new police dog or horse or a new assistance dog by a law enforcement officer or by the person who is blind, deaf, or hearing impaired or the person with a mobility impairment assisted or served by the assistance dog, which replacement or training is required because of the death of or the serious physical harm to the dog or horse that was the subject of the violation.
   (f)   This section does not apply to a licensed veterinarian whose conduct is in accordance with Ohio R.C. Chapter 4741.
   (g)   This section only applies to an offender who knows or should know at the time of the violation that the police dog or horse or assistance dog that is the subject of a violation under this section is a police dog or horse or assistance dog.
   (h)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      (1)   “Assistance dog”, “blind” and “mobility impaired person” have the same meaning as in Ohio R.C. 955.011.
      (2)   “Physical harm” means any injury, illness, or other psychological impairment, regardless of its gravity or duration.
      (3)   “Police dog or horse” means a dog or horse that has been trained and may be used to assist law enforcement officers in the performance of their official duties.
      (4)   “Serious physical harm” means any of the following:
         A.   Any physical harm that carries a substantial risk of death.
         B.   Any physical harm that causes permanent maiming or that involves some temporary, substantial maiming.
         C.   Any physical harm that causes acute pain of a duration that results in substantial suffering.
(ORC 2921.321)
541.10 MISCONDUCT INVOLVING A PUBLIC TRANSPORTATION SYSTEM.
   (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% 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.
(ORC 2917.41)
541.11 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)
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