545.05 PETTY 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 petty theft, a misdemeanor of the first degree.

   (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.

   (d)   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.

   (e)   Forfeiture of property is specifically authorized herein pursuant to Ohio Revised Code Chapter 2981 et seq. or pursuant to the Codified Ordinances of the City of Youngstown.

(Ord. 09-235. Passed 10-7-09.)