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Vermilion Overview
Codified Ordinances of Vermilion, OH
CODIFIED ORDINANCES OF THE CITY OF VERMILION, OHIO
CERTIFICATION
DIRECTORY OF OFFICIALS (2023)
ADOPTING ORDINANCE NO. 87-13
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
CHARTER
PART TWO - ADMINISTRATION CODE
PART FOUR - TRAFFIC CODE
PART SIX - GENERAL OFFENSES CODE
CHAPTER 606 General Provisions; Administration and Enforcement
CHAPTER 612 Alcoholic Beverages
CHAPTER 618 Animals
CHAPTER 624 Drugs
CHAPTER 628 Fair Housing
CHAPTER 630 Gambling
CHAPTER 632 Hazardous and Toxic Substances
CHAPTER 634 Noise Control
CHAPTER 636 Offenses Relating to Persons
CHAPTER 642 Offenses Relating to Property
642.01 DEFINITIONS.
642.02 THEFT.
642.03 DEGREE OF OFFENSE WHEN CERTAIN PROPERTY INVOLVED.
642.035 EVIDENCE OF THEFT OF RENTED PROPERTY.
642.04 UNAUTHORIZED USE OF A VEHICLE; VEHICLE TRESPASS.
642.05 UNAUTHORIZED USE OF PROPERTY.
642.06 INJURING VINES, BUSHES, TREES OR CROPS.
642.07 DESECRATION.
642.08 ASSAULTING POLICE DOG OR HORSE OR AN ASSISTANCE DOG.
642.09 ARSON.
642.10 CRIMINAL DAMAGING OR ENDANGERING.
642.11 CRIMINAL MISCHIEF.
642.12 CRIMINAL TRESPASS.
642.125 AGGRAVATED TRESPASS.
642.13 TAMPERING WITH COIN MACHINES.
642.14 PASSING BAD CHECKS.
642.145 FORGING OR SELLING FORGED IDENTIFICATION CARDS.
642.146 CRIMINAL SIMULATION.
642.15 MISUSE OF CREDIT CARDS.
642.155 RECORDING CREDIT CARD, TELEPHONE OR SOCIAL SECURITY NUMBERS.
642.16 MAKING OR USING SLUGS.
642.17 PRIMA-FACIE EVIDENCE OF FRAUD IN THEFT FROM LIVERY OR HOSTELRY.
642.18 TAMPERING WITH RECORDS.
642.19 SECURING WRITINGS BY DECEPTION.
642.20 PERSONATING AN OFFICER.
642.205 IDENTITY FRAUD.
642.21 DEFRAUDING CREDITORS.
642.22 RECEIVING STOLEN PROPERTY.
642.23 POSSESSION OF MUNICIPAL PROPERTY.
642.24 DETERMINING PROPERTY VALUE IN THEFT OFFENSE.
642.25 DETERMINING PROPERTY VALUE IN ARSON.
642.26 PROSECUTIONS FOR THEFT OF UTILITIES.
642.27 FOOD STAMPS. (REPEALED)
642.28 MISCONDUCT INVOLVING A PUBLIC TRANSPORTATION SYSTEM.
642.29 INSURANCE FRAUD.
642.30 WORKERS' COMPENSATION FRAUD.
642.31 MEDICAID FRAUD.
642.32 VEHICULAR VANDALISM.
642.33 TRESPASS ON A PLACE OF PUBLIC AMUSEMENT.
642.34 RAILROAD VANDALISM; CRIMINAL TRESPASS; INTERFERENCE WITH OPERATION OF TRAIN; GRADE CROSSING DEVICE VANDALISM.
CHAPTER 648 Peace Disturbances
CHAPTER 654 Railroads
CHAPTER 660 Safety, Sanitation and Health
CHAPTER 666 Sex Related Offenses
CHAPTER 668 Trees, Weeds and Grass
CHAPTER 672 Weapons and Explosives
CHAPTER 698 Penalties and Sentencing
PART EIGHT - BUSINESS REGULATION AND TAXATION CODE
PART TEN - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART TWELVE - PLANNING AND ZONING CODE
PART FOURTEEN - BUILDING AND HOUSING CODE
PART SIXTEEN - FIRE PREVENTION CODE
CHAPTER 642
Offenses Relating to Property
 
642.01   Definitions.
642.02   Theft.
642.03   Degree of offense when certain property involved.
642.035   Evidence of theft of rented property.
642.04   Unauthorized use of a vehicle; vehicle trespass.
642.05   Unauthorized use of property.
642.06   Injuring vines, bushes, trees or crops.
642.07   Desecration.
642.08   Assaulting police dog or horse or an assistance dog.
642.09   Arson.
642.10   Criminal damaging or endangering.
642.11   Criminal mischief.
642.12   Criminal trespass.
642.125   Aggravated trespass.
642.13   Tampering with coin machines.
642.14   Passing bad checks.
642.145   Forging or selling forged identification cards.
642.146   Criminal simulation.
642.15   Misuse of credit cards.
642.155   Recording credit card, telephone or Social Security numbers.
642.16   Making or using slugs.
642.17   Prima-facie evidence of fraud in theft from livery or hostelry.
642.18   Tampering with records.
642.19   Securing writings by deception.
642.20   Personating an officer.
642.205   Identity fraud.
642.21   Defrauding creditors.
642.22   Receiving stolen property.
642.23   Possession of Municipal property.
642.24   Determining property value in theft offense.
642.25   Determining property value in arson.
642.26   Prosecutions for theft of utilities.
642.27   Food stamps. (Repealed)
642.28   Misconduct involving a public transportation system.
642.29   Insurance fraud.
642.30   Workers' compensation fraud.
642.31   Medicaid fraud.
642.32   Vehicular vandalism.
642.33   Trespass on a place of public amusement.
642.34   Railroad vandalism; criminal trespass; interference with operation of train; grade crossing device vandalism.
CROSS REFERENCES
   See section histories for similar State law
   Value of written instrument or evidence of debt - see Ohio R.C. 1.07
   Parents' liability for destructive acts of their children - see Ohio R.C. 3109.09
   Alteration, injury, removal of traffic control devices - see TRAF. 414.08
   Offenses relating to theft and fraud re motor vehicles - see TRAF. Ch. 444 
   Definitions generally - see GEN. OFF. 606.01 
   "Physical harm to property" defined - see GEN. OFF. 606.01(m)
   "Property" defined - see GEN. OFF. 606.01(o)
   "Serious physical harm to property" defined - see GEN. OFF. 606.01(v)
   Detention of shoplifters and thieves - see GEN. OFF. 606.23 
   Disposition of property held by Police Division - see GEN. OFF. 606.24
   Endangering aircraft and airport operations - see GEN. OFF. 672.12
   Possessing criminal tools - see GEN. OFF. 672.13
   642.01 DEFINITIONS.
   As used in this chapter, unless the context requires that a term be given a different meaning:
   (a)   "Cable television service" means any service provided by or through the facilities of any cable television system or other similar closed circuit coaxial cable communications system, or any microwave or similar transmission service used in connection with any cable television system or other similar closed circuit coaxial cable communications system.
   (b)   "Coin machine" means any mechanical or electronic device designed to do both of the following:
(1)   Receive a coin, bill or token made for that purpose;
(2)   In return for the insertion or deposit of a coin, bill or token, automatically dispense property, provide a service or grant a license.
   (c)   "Computer" means an electronic device that performs logical, arithmetic and memory functions by the manipulation of electronic or magnetic impulses. "Computer" includes, but is not limited to, all input, output, processing, storage, computer program or communication facilities that are connected or related in a computer system or network to an electronic device of that nature.
   (d)   "Computer network" means a set of related and remotely connected computers and communication facilities that includes more than one computer system that has the capability to transmit among the connected computers and communication facilities through the use of computer facilities.
   (e)   "Computer program" means an ordered set of data representing coded instructions or statements that, when executed by a computer, cause the computer to process data.
   (f)   "Computer services" includes, but is not limited to, the use of a computer system, computer network, computer program, data that is prepared for computer use, or data that is contained within a computer system or computer network.
   (g)   "Computer software" means computer programs, procedures and other documentation associated with the operation of a computer system.
   (h)   "Computer system" means a computer and related devices, whether connected or unconnected, including, but not limited to, data input, output and storage devices, data communications links and computer programs and data that make the system capable of performing specified special purpose data processing tasks.
   (i)   "Counterfeit telecommunications device" means a telecommunications device that, alone or with another telecommunications device, has been altered, constructed, manufactured or programmed to acquire, intercept, receive or otherwise facilitate the use of a telecommunications service or information service without the authority or consent of the provider of the telecommunications service or information service. "Counterfeit telecommunications device" includes, but is not limited to, a clone telephone, clone microchip, tumbler telephone or tumbler microchip; a wireless scanning device capable of acquiring, intercepting, receiving or otherwise facilitating the use of a telecommunications service or information service without immediate detection; or a device, equipment, hardware or software designed for, or capable of, altering or changing the electronic serial number in a wireless telephone.
   (j)   "Credit card" includes, but is not limited to, a card, code, device or other means of access to a customer's account for the purpose of obtaining money, property, labor or services on credit, or for initiating an electronic fund transfer at a point-of-sale terminal, an automated teller machine or a cash dispensing machine. "Electronic fund transfer" has the same meaning as in 92 Stat. 3728, 15 U.S.C.A. 1693a, as amended.
   (k)   "Dangerous drug" has the same meaning as in Section 624.01.
   (l)   "Data" means a representation of information, knowledge, facts, concepts or instructions that are being or have been prepared in a formalized manner and that are intended for use in a computer, computer system or computer network.
   (m)   "Deception" means knowingly deceiving another or causing another to be deceived, by any false or misleading representation, by withholding information, by preventing another from acquiring information, or by any other conduct, act or omission that creates, confirms or perpetuates a false impression in another, including a false impression as to law, value, state of mind or other objective or subjective fact.
   (n)   "Defraud" means to knowingly obtain, by deception, some benefit for oneself or another, or to knowingly cause, by deception, some detriment to another.
   (o)   "Deprive" means to do any of the following:
(1)   Withhold property of another permanently, or for a period that appropriates a substantial portion of its value or use, or with purpose to restore it only upon payment of a reward or other consideration;
(2)   Dispose of property so as to make it unlikely that the owner will recover it;
(3)   Accept, use or appropriate money, property or services, with purpose not to give proper consideration in return for the money, property or services, and without reasonable justification or excuse for not giving proper consideration.
   (p)   "Disabled adult" means a person who is eighteen years of age or older and has some impairment of the body or mind that makes the person unfit to work at any substantially remunerative employment that the person otherwise would be able to perform and that will, with reasonable probability, continue for a period of at least twelve months without any present indication of recovery from the impairment, or who is eighteen years of age or older and has been certified as permanently and totally disabled by an agency of this State or the United States that has the function of so classifying persons.
   (q)   "Drug abuse offense" has the same meaning as in Section 624.01.
   (r)   "Elderly person" means a person who is sixty-five years of age or older.
   (s)   "Firearm" and "dangerous ordinance" has the same meanings as in Section 672.01.
   (t)   "Forge" means to fabricate or create, in whole or in part and by any means, any spurious writing, or to make, execute, alter, complete, reproduce, or otherwise purport to authenticate any writing, when the writing in fact is not authenticated by that conduct.
   (u)   "Gain access" means to approach, instruct, communicate with, store data in, retrieve data from or otherwise make use of any resources of a computer, computer system or computer network.
   (v)   (1)   "Information service" means, subject to paragraph (v)(2) hereof, the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing or making available information via telecommunications, including, but not limited to, electronic publishing.
(2)   "Information service" does not include any use of a capability of a type described in paragraph (v)(1) hereof for the management, control or operation of a telecommunications system or the management of a telecommunications service.
   (w)   "Motor vehicle" has the same meaning as in Chapter 402 of the Traffic Code.
   (x)   "Owner" means, unless the context requires a different meaning, any person, other than the actor, who is the owner of, who has possession or control of, or who has any license or interest in, property or services, even though the ownership, possession, control, license or interest is unlawful.
   (y)   "Rented property" means personal property in which the right of possession and use of the property is for a short and possibly indeterminate term in return for consideration; the rentee generally controls the duration of possession of the property, within any applicable minimum or maximum term; and the amount of consideration generally is determined by the duration of possession of the property.
   (z)   "Services" include labor, personal services, professional services, rental services, public utility services, including wireless service as defined in Ohio R.C. 4931.40(F)(1), common carrier services, and food, drink, transportation, entertainment and cable television services.
   (aa)   "Slug" means an object that, by virtue of its size, shape, composition or other quality, is capable of being inserted or deposited in a coin machine as an improper substitute for a genuine coin, bill or token made for that purpose.
    (bb)   "Telecommunication" means the origination, emission, dissemination, transmission or reception of data, images, signals, sounds or other intelligence or equivalence of intelligence of any nature over any communications system by any method, including, but not limited to, a fiber optic, electronic, magnetic, optical, digital or analog method.
   (cc)   "Telecommunications device" means any instrument, equipment, machine or other device that facilitates telecommunication, including, but not limited to, a computer, computer network, computer chip, computer circuit, scanner, telephone, cellular telephone, pager, personal communications device, transponder, receiver, radio, modem or device that enables the use of a modem.
   (dd)   "Telecommunications service" means the providing, allowing, facilitating or generating of any form of telecommunication through the use of a telecommunications device over a telecommunications system.
   (ee)   "Theft offense" means any of the following:
(1)   A violation of Ohio R.C. 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2911.31, 2911.32, 2913.02, 2913.03, 2913.04, 2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, 2913.33, 2913.34, 2913.40, 2913.42, 2913.43, 2913.44, 2913.45, former Section 2913.47 or 2913.48, or Section 2913.51, 2915.05 or 2921.41, or Section 630.05, 642.02, 642.04, 642.05, 642.13, 642.14, 642.15, 642.16, 642.18, 642.19, 642.20, 642.21 or 642.22 of this General Offenses Code;
(2)   A violation of an existing or former ordinance of this or any other municipality or law of this or any other state or the United States substantially equivalent to any section listed in paragraph (ee)(1) hereof, or a violation of Ohio R.C. 2913.41, 2913.81 or 2915.06 as it existed prior to July 1, 1996;
(3)   An offense under an existing or former ordinance of this or any other municipality or law of this or any other state or the United States involving robbery, burglary, breaking and entering, theft, embezzlement, wrongful conversion, forgery, counterfeiting, deceit or fraud;
(4)   A conspiracy or attempt to commit, or complicity in committing, any offense under paragraph (ee)(1), (2) or (3) hereof.
   (ff)   "Utter" means to issue, publish, transfer, use, put or send into circulation, deliver or display.
   (gg)   "Writing" means any computer software, document, letter, memorandum, note, paper, plate, data, film or other thing having in or upon it any written, typewritten or printed matter, and any token, stamp, seal, credit card, badge, trademark, label or other symbol of value, right, privilege, license or identification.
   (hh)   “Active duty service member” means any member of the armed forces of the United States performing active duty under Title 10 of the United States Code.
      (ORC 2913.01)
 
   642.02 THEFT.
   (a)   No person, with purpose to deprive the owner of property or services, shall knowingly obtain or exert control over either the property or services in any of the following ways:
      (1)   Without the consent of the owner or person authorized to give consent;
      (2)   Beyond the scope of the express or implied consent of the owner or person authorized to give consent;
      (3)   By deception;
      (4)   By threat;
      (5)   By intimidation.
 
   (b)   Whoever violates this section is guilty of theft. Except as otherwise provided in this division, a violation of this section is misdemeanor theft, 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)   If the value of the property or services is $1,000 or more;
      (2)   If the property stolen is any of the property listed in R.C. § 2913.71;
      (3)   If the victim of the offense is an elderly person, disabled adult, active duty service member, or spouse of an active duty service member;
      (4)   If the property stolen is a firearm or dangerous ordnance;
      (5)   If the property stolen is a motor vehicle;
      (6)   If the property stolen is any dangerous drug, or if the offender previously has been convicted of a felony drug abuse offense;
      (7)   If the property stolen is a police dog or horse or an assistance dog and the offender knows or should know that the property stolen is a police dog or horse or an assistance dog;
      (8)   If the property stolen is anhydrous ammonia; or
      (9)   If the property stolen is a special purchase article as defined in R.C. § 4737.04 or is a bulk merchandise container as defined in R.C. § 4737.012.
   (c)   In addition to the penalties described in subsection (b) of this section, if the offender committed the violation by causing a motor vehicle to leave the premises of an establishment at which gasoline is offered for retail sale without the offender making full payment for gasoline that was dispensed into the fuel tank of the motor vehicle or into another container, the court may do one of the following:
      (1)   Unless subsection (c)(2) of this section applies, suspend for not more than six months the offender’s driver’s license, probationary driver’s license, commercial driver’s license, temporary instruction permit, or nonresident operating privilege;
      (2)   If the offender’s driver’s license, probationary driver’s license, commercial driver’s license, temporary instruction permit, or nonresident operating privilege has previously been suspended pursuant to subsection (c)(1) of this section, impose a class seven suspension of the offender’s license, permit, or privilege from the range specified in Ohio R.C. 4510.02(A)(7), provided that the suspension shall be for at least six months.
      (3)   The court, in lieu of suspending the offender’s driver’s or commercial driver’s license, probationary driver’s license, temporary instruction permit, or nonresident operating privilege pursuant to subsections (c)(1) or (2) of this section, instead may require the offender to perform community service for a number of hours determined by the court.
   (d)   In addition to the penalties described in subsection (b) hereof, if the offender committed the violation by stealing rented property or rental services, the court may order that the offender make restitution pursuant to Ohio R.C. 2929.18 or 2929.28. Restitution may include, but is not limited to, the cost of repairing or replacing the stolen property, or the cost of repairing the stolen property and any loss of revenue resulting from deprivation of the property due to theft of rental services that is less than or equal to the actual value of the property at the time it was rented. Evidence of intent to commit theft of rented property or rental services shall be determined pursuant to the provisions of Ohio R.C. 2913.72.
   (e)   The sentencing court that suspends an offender’s license, permit, or nonresident operating privilege under subsection (c) of this section may grant the offender limited driving privileges during the period of the suspension in accordance with Ohio R.C. Chapter 4510.
(ORC 2913.02)
 
   642.03 DEGREE OF OFFENSE WHEN CERTAIN PROPERTY INVOLVED.
    Regardless of the value of the property involved, and regardless of whether the offender previously has been convicted of a theft offense, a violation of Section 672.01 or 672.02 is not a misdemeanor if the property involved is any of the following:
   (a)   A credit card;
   (b)   A printed form for a check or other negotiable instrument, that on its face identifies the drawer or maker for whose use it is designed or identifies the account on which it is to be drawn, and that has not been executed by the drawer or maker or on which the amount is blank;
   (c)   A motor vehicle identification license plate as prescribed by R.C. § 4503.22, a temporary motor vehicle license registration as prescribed by R.C. § 4503.182, or any comparable temporary motor vehicle license registration as prescribed by the applicable law of another state or the United States;
   (d)   A blank form for a certificate of title or a manufacturer's or importer's certificate to a motor vehicle, as prescribed by Ohio R.C. 4505.07;
   (e)   A blank form for any license listed in Ohio R.C. 4507.01.
      (ORC 2913.71)
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