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Woodlawn Overview
Woodlawn, OH Code of Ordinances
VILLAGE OF WOODLAWN, OHIO CODE OF ORDINANCES
OFFICIALS
ADOPTING ORDINANCE
CHARTER FOR VILLAGE OF WOODLAWN, OHIO
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 630: GAMBLING
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 ASSISTANCE DOG.
§ 642.09 ARSON.
§ 642.10 CRIMINAL DAMAGING OR ENDANGERING; VEHICULAR VANDALISM.
§ 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 PURPOSE TO DEFRAUD.
§ 642.18 TAMPERING WITH RECORDS.
§ 642.19 SECURING WRITINGS BY DECEPTION.
§ 642.20 PERSONATING AN OFFICER.
§ 642.205 IDENTITY FRAUD. (REPEALED)
§ 642.21 DEFRAUDING CREDITORS.
§ 642.22 RECEIVING STOLEN PROPERTY.
§ 642.23 PURCHASE FROM MINORS OF SECONDHAND BUILDERS’ AND PLUMBERS’ HARDWARE.
§ 642.24 BILLPOSTING.
§ 642.25 THEFT OF C.A.T.V. (REPEALED)
§ 642.26 PROSECUTIONS FOR THEFT OF UTILITIES.
§ 642.27 FOOD STAMPS. (REPEALED) EDITOR’S NOTE:
§ 642.28 INSURANCE FRAUD.
§ 642.29 DIMINISHING OR INTERFERING WITH FORFEITABLE PROPERTY.
§ 642.30 MISCONDUCT INVOLVING A PUBLIC TRANSPORTATION SYSTEM.
§ 642.31 WORKERS’ COMPENSATION FRAUD.
§ 642.32 MEDICAID FRAUD.
§ 642.33 MOTION PICTURE PIRACY.
§ 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: UTILITIES AND PUBLIC SERVICES CODE
PART TWELVE: PLANNING AND ZONING CODE
PART FOURTEEN: BUILDING AND HOUSING CODE
PART SIXTEEN: FIRE PREVENTION CODE
TABLE OF SPECIAL ORDINANCES
COMPARATIVE TABLES
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§ 642.27 FOOD STAMPS. (REPEALED) EDITOR’S NOTE:
    Section 642.27 was repealed as part of the 1997 updating and revision of this Model Ohio Municipal Code because a violation of substantially equivalent State law (Ohio 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.
§ 642.28 INSURANCE FRAUD.
   (a)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      (1)   DATA. The same meaning as in Ohio 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 Ohio R.C. Title 39, the Ohio Fair Plan Underwriting Association created under Ohio 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;
      (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, insurance fraud is a misdemeanor of the first degree. If the amount of the claim that is false or deceptive is one thousand dollars ($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 Ohio R.C. 2317.02(A).
(ORC 2913.47)
§ 642.29 DIMINISHING OR INTERFERING WITH FORFEITABLE PROPERTY.
   (a)   No person shall destroy, damage, remove, or transfer property that is subject to forfeiture or otherwise take any action in regard to property that is subject to forfeiture with purpose to do any of the following:
      (1)   Prevent or impair the State’s or political subdivision’s lawful authority to take the property into its custody or control under Ohio R.C. Chapter 2981 or to continue holding the property under its lawful custody or control;
      (2)   Impair or defeat the court’s continuing jurisdiction over the person and property;
      (3)   Devalue property that the person knows, or has reasonable cause to believe, is subject to forfeiture proceedings under Ohio R.C. Chapter 2981.
   (b)   Whoever violates this section is guilty of interference with or diminishing forfeitable property. Except as otherwise provided in this division (b), interference with or diminishing forfeitable property is a misdemeanor of the first degree. If the value of the property is one thousand dollars ($1,000) or more, interference with or diminishing forfeitable property is a felony to be prosecuted under appropriate State law.
(ORC 2981.07)
§ 642.30 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 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 percent 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 percent 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 percent of each fine shall be deposited into the treasury of the County.
(ORC 2917.41)
§ 642.31 WORKERS’ COMPENSATION FRAUD.
   (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 Ohio 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 Ohio 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;
      (7)   Fail to secure or maintain workers’ compensation coverage as required by Ohio 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, workers' compensation fraud is a misdemeanor of the first degree. If the value of premiums and assessments unpaid pursuant to actions described in divisions (a)(5), (a)(6), or (a)(7) of this section, or goods, services, property, or money stolen is one thousand dollars ($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 Ohio 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. The same meanings as in Ohio 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, 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 Ohio R.C. Chapter 4121, 4123, 4127, or 4131.
(ORC 2913.48)
§ 642.32 MEDICAID FRAUD.
   (a)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      (1)   PROVIDER. Any person who has signed a provider agreement with the Department of Medicaid to provide goods or services pursuant to the Medicaid program or any person who has signed an agreement with a party to such a provider agreement under which the person agrees to provide goods or services that are reimbursable under the Medicaid program.
      (2)   PROVIDER AGREEMENT. Has the same meaning as in R.C. § 5164.01.
      (3)   RECIPIENT. Any individual who receives goods or services from a provider under the Medicaid program.
      (4)   RECORDS. Any medical, professional, financial or business records relating to the treatment or care of any recipient, to goods or services provided to any recipient, or to rates paid for goods or services provided to any recipient, and any records that are required by the rules of the Medicaid Director to be kept for the Medicaid program.
      (5)   STATEMENT OR REPRESENTATION. Any oral, written, electronic, electronic impulse or magnetic communication that is used to identify an item of goods or a service for which reimbursement may be made under the Medicaid program or that states income and expense and is or may be used to determine a rate of reimbursement under the Medicaid program.
   (b)   No person shall knowingly make or cause to be made a false or misleading statement or representation for use in obtaining reimbursement from the Medicaid program.
   (c)   No person, with purpose to commit fraud or knowing that the person is facilitating a fraud, shall do either of the following:
      (1)   Contrary to the terms of the person’s provider agreement, charge, solicit, accept or receive for goods or services that the person provides under the Medicaid program any property, money or other consideration in addition to the amount of reimbursement under the Medicaid program and the person’s provider agreement for the goods or services and any cost-sharing expenses authorized by R.C. § 5162.20 or rules adopted by the Medicaid Director regarding the Medicaid program.
      (2)   Solicit, offer or receive any remuneration, other than any cost-sharing expenses authorized by R.C. § 5162.20 or rules adopted by the Medicaid Director regarding the Medicaid program, in cash or in kind, including but not limited to a kickback or rebate, in connection with the furnishing of goods or services for which whole or partial reimbursement is or may be made under the Medicaid program.
   (d)   No person, having submitted a claim for or provided goods or services under the Medicaid program, shall do either of the following for a period of at least six years after a reimbursement pursuant to that claim, or a reimbursement for those goods or services, is received under the Medicaid program:
      (1)   Knowingly alter, falsify, destroy, conceal or remove any records that are necessary to fully disclose the nature of all goods or services for which the claim was submitted, or for which reimbursement was received, by the person; or
      (2)   Knowingly alter, falsify, destroy, conceal or remove any records that are necessary to disclose fully all income and expenditures upon which rates of reimbursements were based for the person.
   (e)   Whoever violates this section is guilty of Medicaid fraud. Except as otherwise provided in this division, Medicaid fraud is a misdemeanor of the first degree. If the value of the property, services or funds obtained in violation of this section is $1,000 or more, Medicaid fraud is a felony to be prosecuted under appropriate state law.
   (f)   Upon application of the governmental agency, office or other entity that conducted the investigation and prosecution in a case under this section, the court shall order any person who is convicted of a violation of this section for receiving any reimbursement for furnishing goods or services under the Medicaid program to which the person is not entitled to pay to the applicant its cost of investigating and prosecuting the case. The costs of investigation and prosecution that a defendant is ordered to pay pursuant to this division shall be in addition to any other penalties for the receipt of that reimbursement that are provided in this section, R.C. § 2913.40 or 5164.35, or any other provision of law.
   (g)   The provisions of this section are not intended to be exclusive remedies and do not preclude the use of any other criminal or civil remedy for any act that is in violation of this section.
(R.C. § 2913.40)
   (h)   Medicaid eligibility fraud.
      (1)   No person shall knowingly do any of the following in an application for enrollment in the Medicaid program or in a document that requires a disclosure of assets for the purpose of determining eligibility for the Medicaid program:
         A.   Make or cause to be made a false or misleading statement;
         B.   Conceal an interest in property;
         C.   1.   Except as provided in division (h)(1)C.2. of this section, fail to disclose a transfer of property that occurred during the period beginning 36 months before submission of the application or document and ending on the date the application or document was submitted;
            2.   Fail to disclose a transfer of property that occurred during the period beginning 60 months before submission of the application or document and ending on the date the application or document was submitted and that was made to an irrevocable trust a portion of which is not distributable to the applicant for or recipient of Medicaid or to a revocable trust.
      (2)   A.   Whoever violates this division (h) is guilty of Medicaid eligibility fraud. Except as otherwise provided in this division, a violation of this division (h) is a misdemeanor of the first degree. If the value of the Medicaid services paid as a result of the violation is $1,000 or more, a violation of this division (h) is a felony to be prosecuted under appropriate state law.
         B.   In addition to imposing a sentence under division (h)(2)A. of this section, the court shall order that a person who is guilty of Medicaid eligibility fraud make restitution in the full amount of any Medicaid services paid on behalf of an applicant for or recipient of Medicaid for which the applicant or recipient was not eligible, plus interest at the rate applicable to judgments on unreimbursed amounts from the date on which the Medicaid services were paid to the date on which restitution is made.
         C.   The remedies and penalties provided in this division (h) are not exclusive and do not preclude the use of any other criminal or civil remedy for any act that is in violation of this division (h).
      (3)   This division (h) does not apply to a person who fully disclosed in an application for Medicaid or in a document that requires a disclosure of assets for the purpose of determining eligibility for Medicaid all of the interests in property of the applicant for or recipient of Medicaid, all transfers of property by the applicant for or recipient of Medicaid, and the circumstances of all those transfers.
      (4)   Any amounts of Medicaid services recovered as restitution under this division (h) and any interest on those amounts shall be credited to the General Revenue Fund, and any applicable federal share shall be returned to the appropriate agency or department of the United States.
      (5)   For the purpose of this division (h), the following definitions shall apply unless the context clearly indicates or requires a different meaning.
         A.   MEDICAID SERVICES. Has the same meaning as in R.C. § 5164.01.
         B.   PROPERTY. Any real or personal property or other asset in which a person has any legal title or interest.
(R.C. § 2913.401)
§ 642.33 MOTION PICTURE PIRACY.
   (a)   As used in this section:
      (1)   AUDIOVISUAL RECORDING FUNCTION. The capability of a device to record or transmit a motion picture or any part of a motion picture by means of any technology existing on, or developed after, March 9, 2004.
      (2)   FACILITY. A movie theater.
   (b)   No person, without the written consent of the owner or lessee of the facility and of the licensor of the motion picture, shall knowingly operate an audiovisual recording function of a device in a facility in which the motion picture is being shown.
   (c)   Whoever violates division (b) of this section is guilty of motion picture piracy, a misdemeanor of the first degree on the first offense and a felony to be prosecuted under appropriate State law on each subsequent offense.
   (d)   This section does not prohibit or restrict a lawfully authorized investigative, law enforcement, protective, or intelligence gathering employee or agent of the government of this State or a political subdivision of this State, or of the federal government, when acting in an official capacity, from operating an audiovisual recording function of a device in any facility in which a motion picture is being shown.
   (e)   Division (b) of this section does not limit or affect the application of any other prohibition in this code or the Ohio Revised Code. Any act that is a violation of both division (b) of this section and another provision of this code or the Ohio Revised Code may be prosecuted under this section, under the other provision of this code or the Ohio Revised Code, or under both this section and the other provision of this code or the Ohio Revised Code.
(ORC 2913.07)
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