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Home My WebLink About07-83 Ordinance , t ..,. ..' . ORDINANCE NO. 07-13 AN ORDINANCE TO AMEND CERTAIN SECTIONS IN THE GENERAL OFFENSES CODE TO COMPLY WITH CURRENT STATE LAW AND DECLARING AN EMERGENCY I WHEREAS, Am. Sub. Senate Bill 199 and Am. Sub. House Bill 269 have increased fro~ one hundred and fifty dollars ($150.00) to three hundred . dollars ($300.00) the value of affected property or services involved in determining whether certain offenses are felonies or misdemeanors, or misdemeanors of the first or second degree, effective January 5, 1983; WHEREAS, the Ohio Constitution requires ordinances which are enacted as an exercise of the Municipality's police powers to comply with general state law; now therefore, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF DUBLIN, COUNTY OF FRANKLfN, STATE OF OHIO: ~ Section 1. That Sections 505.05, 517.05, 541.02, 545.05, 545.09, 545.10, 545.15, and 545.18 are hereby amended to read as follows: I 505.05 KILLING OR INJURING ANI~~LS. (a) No person shall maliciously, or willfully, and without the consent of the owner, kill or injure a farm animal, dog, cat or other domestic animal that is the property of another. This section does not apply to a licensed veterinarian acting in an official capacity. (ORC 959.02) (b) Whoever violates this section, if the value of the animal killed or the injury done amounts to less than three hundred dollars ($300.00), is gui1 y of a,misdemeanor of the second degree; if the value of the animal killed or the injury done amounts to three hundred dollars ($300.00) or more, such pers n is guilty of a misdemeanor of the first degree. (ORC 959.99(B)) 517.05 CHEATING. (a) No person, with purpose to defraud or knowing that he is faci1itati g J a fraud, shall engage in conduct designed to corrupt the outcome of: (1) The subject of a bet; (2) A contest of knowledge, skill, speed, strength or endurance; (3) A scheme or game of chance. (b) Whoevervio1ates this section is guilty of cheating, a misdemeanor 0 the first degree, if the potential gain from cheating is less than three hundred dollars ($300.00), or if the offender has not previously been convict of any gambling offense or df any theft offense as defined in Section 545.01., (ORC 2915.05) , ~' .~" .. . -2- 541.02 ARSON. (a) No person, by means of fire or explosion, shall knowingly cause or create a substantial risk of physical harm to any property of another without I his consent. (b) This section does not apply if the violation is done with purpose t defraud or the property involved is a statehouse or a courthouse, school, building or other structure owned or controlled by the State or any of its political subdivisions, or any department, agency, or instrumentality of eith r, and used for public purposes. (c) Whoever violates this section is guilty of arson, a misdemeanor of he first degree, if the value of the property or the amount of physical harm inv'olved is less than three hundred dollars ($300.00). (ORC 2909.03) 545.05 PETTY THEFT. (a) No person, with purpose to deprive the owner of property or service , I 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 owne or person authorized to give consent; (3) By deception; (4) By threat. (b) Whoever violates this section is guilty of petty theft, a misdemean r of the first degree,. if the value of the property or services stolen is less than three hundred dollars ($300.00), if the pT0perty is not listed in Section 545.03 and if the offender has not previously been convicted of a theft offense. (ORC 2913.02) -, 545.09 PASSING BAD CHECKS. I (a) No person, with" purpose to defraud, shall issue or transfer or caus to be issued or transferred a check or other negotiable instrument, knowing that it will be dishonored. I , '. '- ., . -3- (b) For purposes of this section, a person who issues or transfers a check or negotiable instrument is presumed to know that it will be dishonored if either of the following occurs: I (1) The drawer had no account with the drawee at the time of issue or the stated date, whichever_tis later. (2) The check or instrument was properly refused payment for ) 1. insufficient funds upon presentment within thirty days after I issue or the stated date, whichever is later, and the liabilitr of the drawer, indorser, or any party who may be liable thereo is not discharged by payment or satisfaction within ten days after receiving notice ocdishonor. (c) Whoever violates this section is guilty of passing bad checks, a misdemeanor of the first degree, if the eheck or other negotiable instrument ~s for payment of less than three hundred dollars ($300.00) and if the offend r has not previously been convicted of a theft offense. (ORC 2913.11) I 545.10 MISUSE OF CREDIT CARDS. (a) No person shall do any of the following: '(I) Practice deception for the purpose of procuring the issuance 0 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 on or more transactions, knowing or having reasonable cause to believe that such card has expired or been revoked, or was I I obtained, is retained or is being used in violation of law; I II (3) Furnish property or services upon presentation of a credit card, knowing that such card is being used in violation ,of law I (4) Represent or cause to be represented to the issuer of a credit card that property or services have been furnished, knowing th t such representation is false. (c) No person, with purpose to violate this section, shall receive, possess, control or dispose of a credit card. . -.~ ~ - -4- ~) Whoever violates this section is guilty of misuse of credit cards. Violation of subsection (a), (b) (1), or (c) hereof is a misdemeanor of the I first degree if the offender has not previously been convicted of a theft offense. If the cumulative retail value of the property and services involve 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 I of ninety consecutive days commencing on the date of the first violation, is less then three hundred dollars ($300.00) and if the offender has not previou ly been convicted of a theft offense, then misuse of credit cards is a misdemean r of the first degree. (ORC 2913.21) 545.15 SECURING WRITINGS BY DECEPTION. (a) No person, by deception, shall cause another to execute any w~iting which disposes of or encumbers property, or by which a pecuniary obligation i incurred. I ~) Whoever violates this section is guilty of securing writings by deception,. a misdemeanor of the first degree, if the value of the property or obligation involved in less than three hundred dollars ($300.00). I (ORC 2913.43) I i I 545.18 RECEIVING STOLEN PROPERTY. I (a) No person shall receive, retain or dispose of property of another, knowing or having reasonable cause to believe that the property has been obtained through commission of a theft offense. (b) Whoever violates this section is guilty of receiving stolen propert , a misdemeanor of the first degree, if the value of the property involved is less than three hundred dollars ($300.00), if the property is not listed in Section 545.03 and if the offender has not previously been convicted of a I theft offense. (ORC 2913.51) Section 2. That former Sections 505.05, 517.05, 541.02, 545.05, 545.09, 545.10, 545.15, and 545.18, are hereby repealed. Section 3. That this Ordinance is hereby declared to be an emergency measure necessary for the preservation of the public peace, health, welfare, and safety, and for the further reason that there exists an imperative I ., . ,. '\fowl, 'f . . .. -5- 1 II I II necessity to amend the General Offenses Code to comply with current state It I law. - I I I I I I I ,! . ,I ,I I ii I " " ATTEST: I I I ji ~ llJ. ""471A71A J II " ,I I CLERK OF NCIL I II Sponsored by: Law Director 1 hereby certify that copies of this Ordinance/Resoluti.on were p05tcd in th,; V:::<1;;'1 of [',!~'i:l in <.ccordancc with Section 731.25 of he GhiJ Ec\':~d Cc.Je. , ~-:....: ~ . '. I