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Waterville Overview
Codified Ordinances of Waterville, OH
MUNICIPAL CODE OF WATERVILLE, OHIO
CERTIFICATION
ADOPTING ORDINANCE
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
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545.08  UNAUTHORIZED USE OF PROPERTY.
   (a)   No person shall knowingly use or operate the property of another without the consent of the owner or person authorized to give consent.
   (b)   The affirmative defenses contained in Section 545.06(c) are affirmative defenses to a charge under this section.
   (c)   Whoever violates this section is guilty of unauthorized use of property.  Except as provided in subsection (d) hereof, unauthorized use of property is a misdemeanor of the fourth degree.
   (d)   If unauthorized use of property is committed for the purpose of devising or executing a scheme to defraud or to obtain property or services, unauthorized use of property is a misdemeanor of the first degree.  Unauthorized use of property is a felony and shall be prosecuted under appropriate State law if:
      (1)   Unauthorized use of property is committed for the purpose of devising or executing a scheme to defraud or to obtain property or services, and if the value of the property is one thousand dollars ($1,000) or more; or
      (2)   If the victim of the offense is an elderly person or disabled adult.
         (ORC 2913.04)
545.09  PASSING BAD CHECKS.
   (a)   As used in this section:
      (1)   “Check” includes any form of debit from a demand deposit account, including, but not limited to any of the following:
         A.   A check, bill of exchange, draft, order of withdrawal, or similar negotiable or nonnegotiable instrument;
         B.   An electronic check, electronic transaction, debit card transaction, check card transaction, substitute check, web check, or any form of automated clearing house transaction.
      (2)   “Issue a check” means causing any form of debit from a demand deposit account.
   (b)   No person, with purpose to defraud, shall issue or transfer or cause to be issued or transferred a check or other negotiable instrument, knowing that it will be dishonored or knowing that a person has ordered or will order stop payment on the check or other negotiable instrument.
   (c)   For purposes of this section, a person who issues or transfers a check or other negotiable instrument is presumed to know that it will be dishonored, if either of the following occurs:
      (1)   The drawer had no account with the drawee at the time of issue or the stated date, whichever is later.
      (2)   The check or other negotiable instrument was properly refused payment for insufficient funds upon presentment within thirty days after issue or the stated date, whichever is later, and the liability of the drawer, indorser or any party who may be liable thereon is not discharged by payment or satisfaction within ten days after receiving notice of dishonor.
 
   (d)   For purposes of this section, a person who issues or transfers a check, bill of exchange or other draft is presumed to have the purpose to defraud if the drawer fails to comply with Ohio R.C. 1349.16 by doing any of the following when opening a checking account intended for personal, family or household purposes at a financial institution:
      (1)   Falsely stating that the drawer has not been issued a valid driver's or commercial driver's license or identification card issued under Ohio R.C. 4507.50;
      (2)   Furnishing such license or card, or another identification document that contains false information;
      (3)   Making a false statement with respect to the drawer’s current address or any additional relevant information reasonably required by the financial institution.
 
   (e)   In determining the value of the payment for purposes of subsection (f) of this section, the court may aggregate all checks and other negotiable instruments that the offender issued or transferred or caused to be issued or transferred in violation of subsection (a) of this section within a period of one hundred eighty consecutive days.
   (f)   Whoever violates this section is guilty of passing bad checks.  Except as otherwise provided in this subsection, passing bad checks is a misdemeanor of the first degree.  If the check or checks or other negotiable instrument or instruments are issued or transferred to a single vendor or single other person for the payment of one thousand dollars ($1,000) or more or if the check or checks or other negotiable instrument or instruments are issued or transferred to multiple vendors or persons for the payment of one thousand five hundred dollars ($1,500) or more, passing bad checks is a felony and shall be prosecuted under appropriate State law. 
(ORC 2913.11)
545.10  MISUSE OF CREDIT CARDS.
   (a)   No person shall do any of the following:
      (1)   Practice deception for the purpose of procuring the issuance of a credit card, when a credit card is issued in actual reliance thereon;
      (2)   Knowingly buy or sell a credit card from or to a person other than the issuer.
   (b)   No person, with purpose to defraud, shall do any of the following:
      (1)   Obtain control over a credit card as security for a debt;
      (2)   Obtain property or services by the use of a credit card, in one or more transactions, knowing or having reasonable cause to believe that the card has expired or been revoked, or was obtained, is retained or is being used in violation of law;
      (3)   Furnish property or services upon presentation of a credit card, knowing that the card is being used in violation of law;
      (4)   Represent or cause to be represented to the issuer of a credit card that property or services have been furnished, knowing that the representation is false.
   (c)   No person, with purpose to violate this section, shall receive, possess, control or dispose of a credit card.
   (d)   Whoever violates this section is guilty of misuse of credit cards, a misdemeanor of the first degree.  Misuse of credit cards is a felony and shall be prosecuted under appropriate State law if:
      (1)   The cumulative retail value of the property and services involved in one or more violations of subsection (b)(2), (3) or (4) hereof, which violations involve one or more credit card accounts and occur within a period of ninety consecutive days commencing on the date of the first violation, is one thousand dollars ($1,000) or more; or
      (2)   The victim of the offense is an elderly person or disabled adult and the offense involves a violation of subsection (b)(1) or (2) hereof.
         (ORC 2913.21)
545.11  MAKING OR USING SLUGS.
   (a)   No person shall do any of the following:
      (1)   Insert or deposit a slug in a coin machine, with purpose to defraud;
      (2)   Make, possess or dispose of a slug, with purpose of enabling another to defraud by inserting or depositing it in a coin machine.
   (b)   Whoever violates this section is guilty of making or using slugs, a misdemeanor of the second degree.  (ORC 2913.33)
545.12  TAMPERING WITH COIN MACHINES.
   (a)   No person, with purpose to commit theft or to defraud, shall knowingly enter, force an entrance into, tamper with or insert any part of an instrument into any coin machine.
   (b)   Whoever violates this section is guilty of tampering with coin machines, a misdemeanor of the first degree.  If the offender has previously been convicted of a violation of Ohio R.C. 2911.32 or of any theft offense, tampering with coin machines is a felony and shall be prosecuted under appropriate State law.  (ORC 2911.32)
545.13  CRIMINAL SIMULATION.
   (a)   No person, with purpose to defraud, or knowing that the person is facilitating a fraud, shall do any of the following:
      (1)   Make or alter any object so that it appears to have value because of antiquity, rarity, curiosity, source, or authorship, which it does not in fact possess;
      (2)   Practice deception in making, retouching, editing, or reproducing any photograph, movie film, video tape, phonograph record, or recording tape;
      (3)   Falsely or fraudulently make, simulate, forge, alter, or counterfeit any wrapper, label, stamp, cork, or cap prescribed by the Liquor Control Commission under Ohio R.C. Chapters 4301 and 4303, falsely or fraudulently cause to be made, simulated, forged, altered, or counterfeited any wrapper, label, stamp, cork, or cap prescribed by the Liquor Control Commission under Ohio R.C. Chapters 4301 and 4303, or use more than once any wrapper, label, stamp, cork, or cap prescribed by the Liquor Control Commission under Ohio R.C. Chapters 4301 and 4303.
      (4)   Utter, or possess with purpose to utter, any object that the person knows to have been simulated as provided in subsection (a)(1), (2) or (3) of this section.
   (b)   Whoever violates this section is guilty of criminal simulation, a misdemeanor of the first degree.  If the loss to the victim is one thousand dollars ($1,000) or more, criminal simulation is a felony and shall be prosecuted under appropriate State law.
(ORC 2913.32)
545.14  TAMPERING WITH RECORDS.
   (a)    No person, knowing the person has no privilege to do so, and with purpose to defraud or knowing that the person is facilitating a fraud, shall do any of the following:
      (1)   Falsify, destroy, remove, conceal, alter, deface or mutilate any writing, computer software, data, or record;
      (2)   Utter any writing or record, knowing it to have been tampered with as provided in subsection (a)(1) hereof.
   (b)   Whoever violates this section is guilty of tampering with records, a misdemeanor of the first degree.  If the violation involves data or computer software the value of which or loss to the victim is one thousand dollars ($1,000) or more, or if the writing or record is a will unrevoked at the time of the offense, tampering with records is a felony and shall be prosecuted under appropriate State law.  (ORC 2913.42)
545.15  SECURING WRITINGS BY DECEPTION.
   (a)   No person, by deception, shall cause another to execute any writing that disposes of or encumbers property, or by which a pecuniary obligation is incurred.
   (b)   Whoever violates this section is guilty of securing writings by deception, a misdemeanor of the first degree.  Securing writings by deception is a felony and shall be prosecuted under appropriate State law if:
      (1)   The value of the property or obligation involved is one thousand dollars ($1,000) or more; or
      (2)   The victim of the offense is an elderly person, disabled adult, active duty service member or spouse of an active duty service member.
         (ORC 2913.43)
545.16  PERSONATING AN OFFICER.
   (a)   No person, with purpose to defraud or knowing that he is facilitating a fraud, or with purpose to induce another to purchase property or services, shall personate a law enforcement officer, or an inspector, investigator or agent of any governmental agency.
   (b)   Whoever violates this section is guilty of personating an officer, a misdemeanor of the first degree.  (ORC 2913.44)
545.17  DEFRAUDING CREDITORS.
   (a)   No person, with purpose to defraud one or more of the person’s creditors, shall do any of the following:
      (1)   Remove, conceal, destroy, encumber, convey or otherwise deal with any of the person’s property.
      (2)   Misrepresent or refuse to disclose to a fiduciary appointed to administer or manage the person’s affairs or estate, the existence, amount or location of any of the person’s property, or any other information regarding such property that the person is legally required to furnish to the fiduciary.
   (b)   Whoever violates this section is guilty of defrauding creditors, 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 and shall be prosecuted under appropriate State law. 
(ORC 2913.45)
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