PART SIX — OFFENSES AND BUSINESS ACTIVITIES CODE
Title I — General Offenses
Chapter 623 — Property Offenses
Complete to December 31, 2007CROSS REFERENCES
See sectional histories for similar State law.
Parents' liability for destructive acts of their children, RC 3109.09
Desecration of U.S. flag, CO 105.10
Defacing notices of park rules prohibited, CO 559.51
Airport property damage, CO 571.10
Defacing, damaging or climbing on bridges, CO 577.13
Physical harm to property defined, CO 601.01
Vehicle trespass, CO 625.07
623.01 Arson
(a) No person, by means of fire or explosion, shall knowingly and without purpose to defraud cause, or create a substantial risk of physical harm to any property of another without his consent.
(b) This section shall not apply if:
(1) The value of the property or the amount of physical harm involved is three hundred dollars ($300.00) or more; or
(2) The property involved is a statehouse, 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 either, and used for public purposes.
(c) Whoever violates this section is guilty of arson, a misdemeanor of the first degree.
(RC 2909.03; Ord. No. 304-86. Passed 4-15-85, eff. 4-17-85)
623.02 Criminal Damaging or Endangering
(a) No person shall cause, or create a substantial risk of physical harm to any property of another without his consent:
(1) Knowingly, by any means;
(2) Recklessly, by means of fire, explosion, flood, poison gas, poison, radioactive material, caustic or corrosive material, or other inherently dangerous agency or substance.
(b) Whoever violates this section is guilty of criminal damaging or endangering, a misdemeanor if the property involved is not an aircraft, an aircraft engine, propeller, appliance, spare part or any other equipment or implement used or intended to be used in the operation of an aircraft and if the violation does not create a risk of physical harm to any person, and if the property involved is not an occupied aircraft. A violation of this section is a misdemeanor of the second degree. If violation of this section creates a risk of physical harm to any person, criminal damaging or endangering is a misdemeanor of the first degree.
(RC 2909.06; Ord. No. 1414-86. Passed 11-3-86, eff. 11-5-86)
623.03 Criminal Mischief
(a) No person shall:
(1) Without privilege to do so, knowingly move, deface, damage, destroy or otherwise improperly tamper with the property of another;
(2) With purpose to interfere with the use or enjoyment of property of another employ a tear gas device, stink bomb, smoke generator or other device releasing a substance which is harmful or offensive to persons exposed or which tends to cause public alarm;
(3) Without privilege to do so, knowingly move, deface, damage, destroy or otherwise improperly tamper with a bench mark, triangulation station, boundary marker or other survey station, monument or marker;
(4) Without privilege to do so, knowingly move, deface, damage, destroy or otherwise improperly tamper with any safety device, the property of another or the property of the offender when required or placed for the safety of others, so as to destroy or diminish its effectiveness or availability for its intended purpose;
(5) With purpose to interfere with the use or enjoyment of the property of another, set a fire on the land of another or place personal property that has been set on fire on the land of another, which fire or personal property is outside and apart from any building, other structure or personal property that is on that land.
(b) As used in this section, "safety device" means any fire extinguisher, fire hose or fire axe, or any fire escape, emergency exit or emergency escape equipment, or any life line, life-saving ring, life preserver or life boat or raft, or any alarm, light, flare, signal, sign or notice intended to warn of danger, or emergency, or intended for other safety purpose, or any guard railing or safety barricade, or any traffic sign or signal, or any railroad grade crossing sign, signal or gate, or any first aid or survival equipment, or any other device, apparatus, or equipment intended for protecting or preserving the safety of persons or property.
(c) Whoever violates this section is guilty of criminal mischief, a misdemeanor if the property involved is not an aircraft, an aircraft engine, propeller, appliance, spare part, fuel, lubricant, hydraulic fluid, any other equipment, implement or material used or intended to be used in the operation of an aircraft, or any cargo carried or intended to be carried in an aircraft and if the violation does not create a risk of physical harm to any person, and if the property involved is not an occupied aircraft. A violation of this section is a misdemeanor of the third degree. If violation of this section creates a risk of physical harm to any person, criminal mischief is a misdemeanor of the first degree.
(RC 2909.07; Ord. No. 2823-89. Passed 3-19-90, eff. 3-22-90)
623.04 Criminal Trespass
(a) No person, without privilege to do so, shall do any of the following:
(1) Knowingly enter or remain on the land or premises of another;
(2) Knowingly enter or remain on the land or premises of another, the use of which is lawfully restricted to certain persons, purposes, modes or hours, when the offender knows he is in violation of any such restriction or is reckless in that regard.
(3) Recklessly enter or remain on the land or premises of another, as to which notice against unauthorized access or presence is given by actual communication to the offender, or in a manner prescribed by law, or by posting in a manner reasonably calculated to come to the attention of potential intruders, or by fencing or other enclosure manifestly designed to restrict access;
(4) Being on the land or premises of another, negligently fail or refuse to leave upon being notified to do so by the owner or occupant, or the agent or servant of either;
(5) Knowingly enter or remain in any vacant and vandalized building or structure, including, but not limited to, a formerly occupied residential dwelling or dwelling unit, without having on his person the written permission of the owner of such structure granting permission to be in any such building or structure. This paragraph does not apply to governmental officers or employees when carrying out a lawful governmental function.
(b) It is no defense to a charge under this section that the land or premises involved was owned, controlled or in custody of a public agency.
(c) It is no defense to a charge under this section that the offender was authorized to enter or remain on the land or premises involved when such authorization was secured by deception.
(d) Whoever violates paragraphs (a)(1), (2), (3) and (4) of this section is guilty of criminal trespass, a misdemeanor of the fourth degree, and shall be imprisoned for not less than six months or not more than one year or fined not less than five hundred dollars ($500.00) or not more than one thousand dollars ($1,000), or both.
(e) Whoever violates subsection (a)(5) is guilty of trespassing on a vacant and vandalized building, a misdemeanor of the first degree.
(f) As used in this section, "land or premises" includes any land, building, structure of place belonging to, controlled by or in custody of another, and any separate enclosure or room, or portion thereof.
(RC 2911.21; Ord. No. 1160-82. Passed 11-22-82, eff. 11-26-82)
623.041 Aggravated Trespass
(a) No person shall enter or remain on the land or premises of another with purpose to commit on that land or those premises a misdemeanor, the elements of which involve causing physical harm to another person or causing another person to believe that the offender will cause physical harm to him or her.
(b) Whoever violates this section is guilty of aggravated trespass, a misdemeanor of the first degree.
(RC 2911.211; Ord. No. 1298-93. Passed 6-14-93, eff. 6-23-93)
623.05 Trespass on RTA Property
(a) No person shall enter upon any portion of the right of way, owned or leased by the Regional Transit Authority or any other transit system, upon which are located rail tracks of any rapid transit system, without proper authority.
(b) Whoever violates this section is guilty of trespass on RTA property, a misdemeanor of the fourth degree.
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)
623.06 Destruction of Shrubs, Trees or Crops
(a) No person, without privilege to do so, shall recklessly cut down, destroy, girdle or otherwise injure a vine, bush, shrub, sapling, tree or crop standing or growing on the land of another or upon public land.
(b) Whoever violates this section is liable in treble damages for the injury caused. (RC 901.51)
(c) Whoever violates this section is guilty of a misdemeanor of the fourth degree.
(RC 901.99(A); Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
623.07 Desecration
(a) No person, without privilege to do so, shall purposely deface, damage, pollute or otherwise physically mistreat any of the following:
(1) The flag of the United States or of this State;
(2) Any public monument;
(3) Any historical or commemorative marker, or any structure, Indian mound or earthwork, cemetery thing or site of great historical or archeological interest;
(4) A work of art or museum piece;
(5) Any other object of reverence or sacred devotion.
(b) Whoever violates this section is guilty of desecration. A violation of this section is a misdemeanor of the second degree.
(RC 2927.11; Ord. No. 834-03. Passed 6-10-03, eff. 6-12-03)
623.08 Vandalism of Vacant Buildings and Structures
(a) No person shall purposely destroy, injure or deface any vacant building or structure or units therein, or purposely remove therefrom any interior or exterior fixtures or portions thereof, so as to cause physical harm to such buildings, structures or units therein.
(b) No person shall purposely attempt to destroy, injure or deface any vacant building or structure or units thereon, or purposely attempt to remove therefrom any fixtures or portions thereof, so as to cause physical harm to such buildings, structures or units thereon.
(c) The provisions of this section are not applicable to any governmental agency, or its employees, acting within the scope of their official duties and according to law, or to any lawful owner of such premises or agent of such owners, acting according to law and so as not to create a nuisance or unsafe structure.
(d) Notwithstanding the provisions of Section 601.99(a), whoever violates this section shall be guilty of vandalism of vacant buildings and structures, a first-degree misdemeanor and fined not less than five hundred dollars ($500.00), nor more than one thousand dollars ($1000.00) and imprisoned not less than thirty days nor more than one hundred and eighty days.
If the person has been previously convicted of violating this section he shall receive the mandatory maximum sentence and be fined one thousand dollars ($1000.00) and imprisoned one hundred and eighty days.
No portion of the minimum sentences imposed by this section shall be subject to reduction in any manner.
(Ord. No. 1965-06. Passed 12-11-06, eff. 12-15-06)
623.09 War Memorial Vandalism
(a) No person shall wilfully or maliciously defile, mar, injure, deface, mutilate, sit or walk upon any portion of, or deposit or throw any object into or at the War Memorial Fountain.
(b) Whoever violates this section is guilty of war memorial vandalism a misdemeanor of the first degree.
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)
623.091 Vandalism to Police and Firefighter Memorials
(a) No person shall purposely mar, injure, deface, damage or otherwise physically mistreat the Police Memorial or Firefighter Memorial.
(b) Whoever violates this section is guilty of desecration, a misdemeanor of the second degree.
(Ord. No. 1569-01. Passed 8-15-01, eff. 8-24-01)
623.10 Spray Painting Property
(a) No person shall intentionally, maliciously or recklessly destroy, damage or deface in any way any public or private property by the use of spray paint or any other paint or any other similar substance. Public or private property shall include the following:
(1) Public or private buildings, including sidewalks about such grounds and all appurtenances thereto, fences or trees;
(2) Public street lights, fire hydrants, pumps, fountains, inlets, manholes or sewer ventilators;
(3) Telephone or telegraph wires or electric wires of any kind or the poles sustaining or attaching thereto;
(4) Statues, monuments or plaques;
(5) Official notices or signs posted by the State, the City or any other public agency.
(b) Whoever violates this section is guilty of spray painting property, a misdemeanor of the first degree.
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)
623.101 Selling or Furnishing Aerosol Containers of Paint to Minors Prohibited
(a)(1) It shall be unlawful for any person, firm, or corporation to sell to another person, who is under the age of 18 years, any aerosol container of paint that is capable of defacing property without first obtaining bona-fide evidence of majority and identity.
(2) It shall be unlawful for any person, firm, or corporation to furnish or give to another person, who is under the age of 18 years, any aerosol container of paint that is capable of defacing property.
(b) For purposes of this subdivision, "bona-fide evidence of majority and identity" is any document evidencing the age and identity of an individual which has been issued by a federal, state or local governmental entity, including, but not limited to, a motor vehicle operator's license, a registration certificate issued under the federal Selective Service Act, or an identification card issued to a member of the armed forces.
(c) Subsection (a)(2) hereof shall not apply to the furnishing of an aerosol container of paint to a minor for the minor's use or possession while engaged in a lawful activity under the supervision and control of the minor's parent, guardian, teacher or employer.
(d) Subsection (a)(2) hereof shall not apply to aerosol containers of paint or related substances that are furnished for use in school-related activities as part of the instructional program when used under the control and supervision of a teacher, instructor or other adult supervisor for such activities, either within the classroom or on the site of a supervised project. These containers shall be inventoried by the teacher, instructor, or adult supervisor upon completion of the activity or project.
(e) After 30 days from passage of this section, all retail businesses within the City of Cleveland that sell or offer for sale aerosol containers of paint shall post in a conspicuous area near such containers a notice that states:
"WARNING: SALE OF SPRAY PAINT TO MINORS PROHIBITED"
"(1) It is unlawful in the City of Cleveland for any person under the age of 18 to purchase an aerosol container of paint.
"2) It is unlawful in the City of Cleveland for any person under the age of 18 to possess or to be furnished with an aerosol container of paint, except while engaged in a lawful activity under the supervision and control of a parent, guardian, teacher, or employer."
(f) After 30 days from passage of this section, whoever violates subsection (e) hereof is guilty of a minor misdemeanor and shall be fined not more than one hundred dollars ($100.00).
(g) Whoever violates subsections (a)(1) or (a)(2) hereof is guilty of selling or furnishing an aerosol paint container to a minor, a misdemeanor of the first degree.
(Ord. No. 1646-06. Passed 4-23-07, eff. 4-26-07)
623.102 Purchase or Possession of Aerosol Containers of Paint by Minors Prohibited
(a) It shall be unlawful for any person under the age of 18 years to purchase an aerosol container of paint that is capable of defacing property.
(b) It shall be unlawful for any person under the age of 18 to possess or to have under his control an aerosol container of paint that is capable of defacing property.
(c) It shall be unlawful for any person under the age of 18 years to possess or to have under his control an aerosol container of paint with purpose to deface property while on any public highway, street, alley, or way, or other public place, regardless of whether that person is or is not in any automobile, vehicle, or other conveyance.
(d) Subsection (b) hereof does not apply to the possession of an aerosol paint container by a person under the age of 18 in the circumstances described in subsections (c) and (d) of preceding Section 623.101.
(e) Whoever violates this section is guilty of unlawful purchase or possession of an aerosol container of paint, a misdemeanor of the first degree.
(Ord. No. 1646-06. Passed 4-23-07, eff. 4-26-07)
623.11 Defacing and Removing Signs
(a) No person shall tear down, remove, destroy, cover up, mutilate, obliterate or otherwise injure any proclamation or official notice, any sign or handbill, notice, poster or advertisement containing a notice of any meeting, lecture, theater, show, play or concert, or any public or private sale of property until after they have served the purpose for which they were put up. This section does not prevent any person owning or controlling billboards used for advertising purposes from changing or removing advertisements or notices which he may post thereon, or prohibit any owner from removing advertisements or notices placed or remaining on his property without his consent.
(b) Whoever violates this section is guilty of defacing and removing signs, a misdemeanor of the fourth degree.
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)
623.12 Posting on Private Property Without Consent
(a) No person shall stick or post any advertisement, poster, sign or handbill or placard of any description upon any private building, or upon any tree, post, fence, billboard or any other structure or thing, the property of another, without permission of the occupant or owner of the same, nor paint, mark, write, print or impress, or in any manner attach any notice or advertisement or the name of any commodity or thing or any trademark, symbol or figure of any kind upon anything whatever, the property of another, without first obtaining permission of the owner of such thing.
(b) Whoever violates this section is guilty of posting on private property without consent, a minor misdemeanor.
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)
623.13 Notices or Signs on Public Property Prohibited; Removal
(a) No person shall stick, post or attach any notice, advertisement, poster, sign, handbill, or placard of any kind or description on any telegraph, telephone, railway or electric light poles within the limits of the City, or on any bridge, public building, voting booth, flagging, curbstone, walk, step stone, or sidewalk, or write, print, or impress or in any manner attach any notice, advertisement, poster, sign, handbill, or placard of any kind or description on any public building, bridge, voting booth, flagging, curbstone, step stone, or sidewalk, the property of the City or within the street lines of the City, or over which the City has the care, custody, or control, except as may be required by the laws of the State or City ordinances. The prohibitions of this ordinance include the placing of building numbers on curbs.
(b) All notices, advertisements, posters, signs, handbills, or placards of any kind or description in violation of this section shall be removed by the department or division which has the care, custody, or control of the City property where the violation is found and the director of the appropriate department shall charge the responsible party fifty dollars ($50.00) per sign to cover the cost of removal. It shall be the duty and power of the directors of the departments and of the commissioners of the divisions of the City to carry out the mandate of the preceding sentence with regard to City property under their care, custody, or control.
(c) Whoever violates this section is guilty of unauthorized placing of notices or signs on public property, a minor misdemeanor.
(Ord. No. 1001-06. Passed 6-12-06, eff. 6-16-06)
623.131 Banners Prohibited Over Certain Highways
(a) No person shall hang any banner of any kind over Interstate Route 71, 77, 90 or 480 or over the Cleveland Memorial Shoreway from the Inner Belt to Lake Road. Any banner hung in violation of this section is a public nuisance which may be removed by the authority having jurisdiction over the highway over which the banner hangs.
(b) For purposes of this section, "banner" shall mean a piece of cloth or other material upon which a message, logo or both is imprinted, painted or otherwise affixed.
(c) Whoever violates the provisions of this section shall be guilty of a minor misdemeanor.
(Ord. No. 1375-90. Passed 6-18-90, eff. 6-27-90)
623.14 Removal of Political Signs
(a) No person shall place or cause to be placed or permit to remain upon any public property, or private property which is vacant or unoccupied or private property any unauthorized poster, placard or sign advertising, publicizing or containing thereon information concerning any event, ballot issue, organization or candidate for office.
(b) Removal of any unauthorized poster, placard or sign shall be the responsibility of the candidate whose name appears on such poster, placard or sign, or the sponsor, chairman or secretary of the committee proposing action on the issue which is the subject of the poster, placard or sign. The Director of Public Safety shall serve notice upon the candidate, sponsor, chairman or secretary responsible for the removal of the unauthorized poster, placard or sign at the address listed thereon or at the usual address of the organization or organizations listed on such poster, placard or sign. The notice shall contain the location of the unauthorized sign and shall order removal of the sign within forty-eight hours of the receipt of the notice. If, after such time, the poster, placard or sign has not been removed, the Director of Public Service or the Director of Parks, Recreation and Properties shall have it removed and a charge in the amount of fifteen dollars ($15.00) shall be imposed upon the responsible party for each poster, placard or sign removed, and the name of the responsible person shall be published in the City Record until the poster, placard or sign has been removed or in the event a fine is assessed, until such fine has been paid.
(Ord. No. 2095-92. Passed 2-22-93, eff. 3-4-93)
623.15 Criminal Damage to Swimming Pools
(a) No person shall:
(1) Without privilege to do so, deposit or throw into any swimming pool owned and operated by the City of Cleveland any object or substance not customarily used or found in swimming pools, including, but not limited to, glass, dirt, nails or wood.
(2) Without privilege to do so, recklessly deface, damage, destroy or otherwise tamper with the physical facilities, structures or equipment at any swimming pool owned and controlled by the City of Cleveland.
(b) Whoever violates this section is guilty of criminal damage to swimming pools, a misdemeanor of the second degree. If a violation of this section creates a risk of physical harm to any person, criminal damage to swimming pools is a misdemeanor of the first degree.
(Ord. No. 2218-88. Passed 6-12-89, eff. 6-19-89)
623.16 Ethnic Intimidation
(a) No person shall violate Sections 2903.21, 2903.22, 2909.06, 2909.07 or 2917.21(A) (3) to (5) of the Revised Code or Sections 621.06, 621.07, 621.10(a) (3) to (5), 623.02 or 623.03 of the General Offenses Code by reason of the race, religion, color, sex, sexual orientation, national origin, age, disability, ethnic group or Vietnam-era or disabled veteran status, of another person or group of persons.
(b) Whoever violates this section is guilty of ethnic intimidation. Ethnic intimidation is an offense of the next higher degree than the offense the commission of which is a necessary element of ethnic intimidation. (RC 2927.12)
(Ord. No. 77-94. Passed 3-14-94, eff. 3-23-94)
623.17 Criminal Damage to Parks and Recreational Facilities
(a) No person shall without privilege to do so remove, destroy, break, injure, mutilate, deface, damage or otherwise tamper with any structure, monument, statue, vase, fountain, wall, fence, railing, vehicle, equipment, plant material or other property in, upon or about any park, parkway, or recreational facility owned and controlled by the City.
(b) As used in this section "recreational facility" includes playground, ballfield, tennis court, skating rink, recreation center and model airplane field.
(c) Whoever violates this section is guilty of criminal damage to parks and recreational facilities, a misdemeanor of the second degree. If a violation of this section creates a risk of physical harm to any person, criminal damage to parks and recreational facilities is a misdemeanor of the first degree. In either case whoever violates this section shall be fined not less than two hundred fifty dollars ($250.00) and sentenced to not less than thirty (30) days' imprisonment. The minimum fine to be imposed by the court for a violation of the provisions of this section is mandatory. The court shall not suspend all or any portion of said minimum fine; provided that in lieu of all or a portion of the sentence of imprisonment required hereunder, the court may require the offender to perform supervised community service work pursuant to division (H) of RC 2951.02.
(d) In addition to the penalty provided in division (c) of this section, whenever an unmarried child under the age of eighteen (18) violates this section, the Director of Parks, Recreation and Properties shall refer the matter to the Director of Law for civil action against the parents who have custody and control of the child, pursuant to RC 2307.70 and/or 3109.09.
(Ord. No. 1562-90. Passed 4-8-91, eff. 4-15-91; Renumbered by Ord. No. 1196-91. Passed 5-13-91, eff. 5-22-91)