2006 035 Ordinance - Laserfiche WebLink

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113 Theft and Fraud 545.04 545.03 PROPERTY EXCEPTION5 AS FELONY OFFENSE. Regardless of the value of the property involved, and regardless of whether the offender has previously been convicted of a theft offense, the provisions of Section 545.05 or 545.18 do not apply if the .property involved is any of the following: (a) A credit card; (b) A printed form for a check or other negotiable instrument, that on its face identifies the drawer or maker for whose use it is designed or identifies the account on which it is to be drawn, and that has not been executed by the drawer or maker or on which the amount is blank; (c) A firearm or dangerous ordnance as defined in Ohio R.C. 2923.11; (d) A motor vehicle identification license plate as prescribed by Ohio R.C. 4503.22, a temporary license placard or windshield sticker as prescribed by Ohio R.C. 4503.182, or any comparable license plate, placazd or sticker as prescribed by the applicable law of another state or the United States; (e) A blank form for a certificate of title or a manufacturer's or importer's certificate to a motor vehicle, as prescribed by Ohio R.C. 4505.07; (fl A blank form for any license listed in Ohio R.C. 4507.01(A). (ORC 2913.71) 545.04 DETENTION OF SHOPLIFTERS; RIGHTS OF MUSEUMS AND LIBRARIES. (a) A merchant, or his employee or agent, who has probable cause to believe that items offered for sale by a mercantile establishment have been unlawfully taken by a person, may, for the purposes set forth in subsection (c) hereof, detain the person in a reasonable manner for a reasonable length of time within the mercantile establishment or its immediate vicinity. (b) Any officer, employee or agent of a library, museum or archival institution may, for the purposes set forth in subsection (c) hereof. or for the purpose of conducting a reasonable investigation of a belief that the person has acted in a inanner described in subsections (b)(1) and (2) hereof, detain a person in a reasonable manner for a reasonable length of time within, or in the immediate vicinity of the library, museum or archival institution, if the officer, employee or agent has probable cause to believe that the person has either: (1) Without privilege to do so, knowingly moved, defaced, damaged, destroyed or otherwise improperly tampered with property owned by or in the custody of the library, museum or archival institution; or (2) With purpose to deprive the library, museum or archival institution of property owned by it or in its custody, knowingly obtained or exerted control over the property without the consent of the owner or person authorized to give consent, beyond the scope of the express or implied consent of the owner or person authorized to give consent, by deception, or by threat. (c) An officer, agent or employee of a library, museum or archival institution pursuant to subsection (b) hereof or a merchant or his employee or agent pursuant to subsection (a) hereof may detain another person for any of the following purposes: (1) To recover the property that is the subject of the unlawful taking, criminal mischief or theft; (2) To cause an arrest to be made by a peace officer; (3) To obtain a warrant.of arrest. (d) The officer, agent or employee of the library, museum or archival institution, or the merchant or his employ.ee or agent acting under subsection (a) or (b) hereof shall not search the person, search or.seize any property belonging to the person detained without the person's consent, or use undue restraint upon the person detained. 2006 Replacement