Granville Community Calendar

Ordinance 13-1983

BY:
ORDINANCE
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AN ORDINANCE TO AMEND SECTIONS 545. 05, 545. 09, 545. 10, 545. 18, 517. 05,
549. 02 and 549. 12 OF THE CODIFIED ORDINANCES OF THE VILLAGE OF GRANVILLE AND DECLARING AN EMERGENCY.
WHEREAS, the Ohio General Assembly, through and Am. Sub. S.B. No. 199 Am. Sub. H.B. No. 269, has increased the value of property the subject of certain theft or theft related offenses from $150 to $300 regarding the distinction between a misdemeanor and felony crime, and WHEREAS, the increase of that threshold was effective January 5, 1983, and
WHEREAS, the same State law increased the felony threshold for certain other offenses, and provided for additional mandatory prison terms for offenders having, using, or possessing firearms in the acnodmmission of certain felony offenses, also effective January 5, 1983,
WHEREAS, it is necessary to bring the Codified Ordinances of The Village of Granville into compliance with the State law in the aforementioned regards, and
WHEREAS, it is immediately necessary to amend the Codified
Ordinances of The Village of Granville to comply with the aforementioned State laws for the preservation of public health,
peace, property and safety; now therefore
BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF GRANVILLE:
SECTION 1. That Sections 545. 05, 545. 09, 545. 10, 545. 18, 517. 05,
549. 02 and 549. 12, of the Codified Ordinances of The Village of Granville be and are hereby amended to read as follows:
Section 545. 05. Petty theft.
A) No person, with purpose to deprive the owner of
property or services shall knowingly 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.
B) This section does not apply if the value of the
property involved is three hundred dollars or more, or is any of the property listed in Section 2913. 71 of the Ohio Revised Code, or is a motor vehicle as defined in Section 4501. 01 of the Ohio Revised Code, or the offender has previously been convicted of a theft offense.
C) Whoever violates this section is guilty of petty theft,
a misdeamor of the first degree.
Section 545. 09. Passing bad checks.
A) 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.
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:
1) The drawer had no account with the drawee
at the time of issue or the stated dated,
whichever is later.
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2) The check or instrument was properly refused
payment for insufficient funds upon
presentment with thirty days after issue or
the stated date, whichever is later, and the
liability of the drawer, endorser, or any
party who may be liable thereon is not
discharged by payment or satisfaction within
ten days after receiving notice of dishonor.
C) This section shall not apply if the check or other
negotiable instrument is for the payment of Three Hundred
Dollars or more, or if the offender has been previously
convicted of a theft offense.
D) Whoever violates this section is guilty of passing bad
checks, a misdeanor of the first degree.
Section 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,
following:
1)
2)
with purpose to defraud, shall do any of the
Obtain control over a credit card as security for
a debt;
Obtain property or services, by the use of credit a card, in one or more transactions, knowing
or having reasonable cause to believe that such
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 such 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 such
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. This section shall not apply if the cumulative retail value of the
property and services involved in one or more violations of division (B) (2),3 (),or (4) of this section, which
violations involve one or more credit card accounts and occur within a period of ninety consecutive days commencing on the day of the first violation, is Three Hundred Dollars or more, oorffeinfseth.e offender has previously been convicted of a theft
Section 545. 18 Receiving stolen property.
A) No person shall receive, retain, or dispose of
property of another, knowing or having reasonable cause to believe it has been obtained through commission of a theft offense.
B) This section shall not apply if the value of the property is Three Hundred Dollars or more, or if the property involved is any of the property listed in Section 2913. 71 of the Ohio Revised Code or if the
property involved is a motor vehicle as defined in Section 4501. 01 of the Ohio Revised Code, or if the offender has previously been convicted of a theft offense.
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C) Whoever violates this section is guilty of receiving
stolen property, a misdemeanor of the first degree.
Section 517. 05 Cheating.
A) No person, with purpose to defraud or knowing that
he is facilitating 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) This section does not apply if the potential gain from
cheating is Three Hundred Dollars or more, or if the
offender has previously been convicted of any theft offense
or any gambling offense.
Section 549. 02 Carrying concealed weapons.
A) No person shall knowingly carry or have concealed on
his person or concealed ready at hand, any deadly weapon.
B) This section does not apply to officers, agents, or employees of this or any other state or the United States,
or to law enforcement officers, authorized to concealed carry weapons, and acting within the scope of their duties.
C) It is an affirmative defense to a charge under this
section of carrying or having control of a weapon that the
actor was not otherwise prohibited by law from having the
weapon, and that any of the following apply:
D) This
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3)
4)
1) The weapon was carried or kept ready at hand by
the actor for defensive purposes, while he was engaged in or was going to or from his lawful
business or occupation, which business or occupation was of such character or was
necessarily carried on in such manner or at
such a time or place as to render the actor
particularly suspectible to criminal attack, such
as would justify a prudent man in going armed. 2) The weapon was carried or kept ready at hand by
the actor for defensive purposes, while he was engaged in a lawful activity, and had reasonable
cause to fear a criminal attack upon himself or
a member of his family, or upon his home, such
as would justify a prudent man in going armed. 3) The weapon was carried or kept ready at hand by
the actor for any lawful purpose and while in his own home.
4) The weapon was being transported in a motor
vehicle for any lawful purpose, and was not
on the actor' s person, and, if the weapon was
a firearm, was carried in compliance with the
applicable requirements of Division (C) of
Section 2923. 16 of the Ohio Revised Code.
section shall not apply if:
The offender has been previously convicted of a violation of this section or of any offense of violence;
2) The weapon is a firearm which is either loaded
or for which the offender has ammunition readily at hand;
The weapon involved is a dangerous ordnance;
If the offense is committed aboard an aircraft,
or with purpose to carry a concealed weapon aboard an aircraft.
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5) The deadly weapon is a firearm, as defined in
Section 2923. 11 of The Ohio Revised Code, which
was used or was on or about the person or under
the control of a person in the commission of a
felony' for which the Ohio Revised Code requires a
term of actual incarceration of three years and
an indefinite term of imprisonment pursuant to
Section 2929. 71(B) of The Ohio Revised Code.
E) Whoever violates this section is guilty of carrying
concealed weapons, a misdemeanor of the first degree.
Section 549. 12 Discharging weapons.
A) No person shall discharge, or cause to be discharged,
any firearm, or airgun or other instrument used to explode
any cartridge or thing filled with any explosive substance
or material.
B) This section shall not be construed to include toy
pistols, toy canes, toy guns, or other devices in which
paper caps containing twenty-five hundredths grains·
or less of explosive compound are used, providing they are
so constructed that the hand cannot come in contact with
the cap when in place for the explosion, and toy pistol
paper caps which contain less than twenty hundredths grains
of explosive mixture, the sale and use of which shall be
permitted at all times.
C) This section shall not apply to a law enforcement
officer in the lawful performance of his duties; or when the
offender discharges the weapon when acting in self-defense
of himself or another person which is justified under state
law, which the offender must show by a preponderance of
the evidence or the firearm which is discharged was used or
was on or about the person or under the control of a person in the commission of a felony for which the Ohio Revised
Code requires a term of actual incarceration of three and years an indefinite term of imprisonment pursuant to Section
2929. 71( B) of the Ohio Revised Code.
D) Whoever violates this section is guilty of discharging
weapons, a misdemeanor of the third degree.
E) Strict liability is intended to be imposed for violation
of this section, except as stated in Paragraph C.
SECTION 2. That existing Sections 545. 05, 545. 09, 545. 10, 545. 18,
517. 05, 549. 02 and 549. 12 of the Codified Ordinances of The Village of Granville be and are hereby repealed.
SECTION 3. That this ordinance is hereby declared to be an
emergency measure in order to protect the health, safety and welfare of the residents of The Village of Granville in that the Village
Ordinances should be brought into compliance with State law and shall take effect immediately upon passage.
Passed this £ day of 1983. 451144- 25
ATTEST:
1,4& £* CLRK OF COU6N'KC.IL
APPROVED AS TO FORM:
YOR
LAW DIRECTOR

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