As used in this Article, the following terms mean:
ENTER UNLAWFULLY or REMAIN UNLAWFULLY A person enters or remains in or upon premises when he or she is not licensed or privileged to do so. A person who, regardless of his or her purpose, enters or remains in or upon premises which are at the time open to the public does so with license and privilege unless he or she defies a lawful order not to enter or remain, personally communicated to him or her by the owner of such premises or by other authorized person. A license or privilege to enter or remain in a building which is only partly open to the public is not a license or privilege to enter or remain in that part of the building which is not open to the public.
TO TAMPER To interfere with something improperly, to meddle with it, displace it, make unwarranted alterations in its existing condition, or to deprive, temporarily, the owner or possessor of that thing.
UTILITY An enterprise which provides gas, electric, steam, water, sewage disposal, or communication, video, internet, or voice over internet protocol services, and any common carrier. It may be either publicly or privately owned or operated.
[Ord. No. 22-05, 2-1-2022]
A. Definitions. As used in this Section, the following terms shall have the meanings set out herein:
MOTOR VEHICLE Any self-propelled mechanical device on wheels, designed primarily for use, or used, on streets and highways.
OFF-ROAD VEHICLE Any self-propelled mechanical device on wheels, manufactured and used exclusively for off-highway use.
TRAILER Any mechanical device on wheels without motive power designed for carrying property or passengers on its own structure and for being drawn by a self-propelled vehicle.
VEHICLE Any motor vehicle, off-road vehicle, or trailer and any combination or combinations thereof as defined below:
B. A person commits the offense of tampering if he/she:
1. Tampers with property of another for the purpose of causing substantial inconvenience to that person or to another; or
2. Unlawfully rides in or upon another's vehicle or motorcycle; or
3. Tampers or makes connection with property of a utility; or
4. For the first time, tampers with, or causes to be tampered with, any meter or other property of an electric, gas, steam or water utility, the effect of which tampering is either:
a. To prevent the proper measuring of electric, gas, steam or water service; or
b. To permit the diversion of any electric, gas, steam or water service.
C. In any prosecution under Subsection
(B)(4) above, proof that a meter or any other property of a utility has been tampered with, and the person accused received the use or direct benefit of the electric, gas, steam or water service, with one (1) or more of the effects described in Subsection
(B)(4) above, shall be sufficient to support all inference which the trial court may submit to the trier of fact, from which the trier of fact may conclude that there has been a violation of such Subsection by the persons who use or receive the direct benefit of the electric, gas, steam or water service.
D. Subsection
(B) of this Section shall not apply to any Law Enforcement Officer, Public Safety Officer, or other public employee who performs the acts described herein while in the performance of official duties.
E. Violations. Any responsible person may be charged with an offense under this Section and upon conviction shall be punished by fine or imprisonment as provided in Section
100.220.
[Ord. No. 22-05, 2-1-2022]
A. Definitions. As used in this Section, the following terms shall have the meanings set out herein:
MOTOR VEHICLE Any self-propelled mechanical device on wheels, designed primarily for use, or used, on streets and highways.
OFF-ROAD VEHICLE Any self-propelled mechanical device on wheels, manufactured and used exclusively of off-highway use.
TRAILER Any mechanical device on wheels without motive power designed for carrying property or passengers on its own structure and for being drawn by a self-propelled vehicle.
VEHICLE Any motor vehicle, off-road vehicle, or trailer and any combination or combinations thereof as defined below:
B. A person commits the offense of vehicle prowling if he/she:
1. Tests or pulls any doors, handles, latches, hatches, or trunks, or any combination or combinations thereof, of successive vehicles not owned or leased by them, without each owner's or lessee's permission, for any illegitimate or unlawful purpose and which would lead a reasonable person to believe said conduct was in furtherance of a crime; or
2. Opens or attempts to open any doors, handles, latches, hatches or trunks, or any combination or combinations thereof, of successive vehicles not owned or leased by them, without each owner's or lessee's permission, for any illegitimate or unlawful purpose and which would lead a reasonable person to believe said conduct was in furtherance of a crime; or
3. Enters in or upon the vehicle of another, without the permission of the owner or lessee thereof, for any illegitimate or unlawful purpose.
C. Subsection
(B) of this Section shall not apply to any Law Enforcement Officer, Public Safety Officer, or other public employee who performs the acts described herein while in the performance of official duties.
D. Violations. Any responsible person may be charged with an offense under this Section and upon conviction shall be punished by fine or imprisonment as provided in Section
100.220.
[Ord. No. 17-01, 4-4-2017]
Regardless of whether there is a physical trespass pursuant to Section
210.1070 of this Code, a person is liable for constructive invasion of property when a person knowingly attempts to capture or knowingly captures, in a manner that is offensive to a reasonable person, any type of visual image, visual recording, sound recording, or other physical impression of another engaging in private, personal, or familial activity in a place in which that person has a reasonable expectation of privacy and that impression could not have been achieved without a trespass unless the device was used. This Section shall not be construed to impair or limit any otherwise lawful activities of law enforcement personnel or employees of governmental agencies or other entities, either public or private, who, in the course and scope of their employment, and supported by an articulable suspicion, attempt to capture any type of visual image, sound recording, or other physical impression of a person during an investigation, surveillance, or monitoring of any conduct to obtain evidence of suspected illegal activity or other misconduct, the suspected violation of any administrative rule or regulation, a suspected fraudulent conduct, or any activity involving a violation of law or business practices or conduct of public officials adversely affecting the public welfare, health, or safety.
A person commits the offense of reckless burning or exploding if he/she recklessly starts a fire or causes an explosion and thereby damages or destroys the property of another.
[R.O. 2001 § 210.295; CC 1990 § 14-54]
A. No person shall make or cause to be made any excavation or shall occupy or cause to be occupied any portion of any street, alley or highway with building material, construction equipment, or any other obstruction of any character whatsoever without:
1. Causing one (1) flashing red or yellow light to be securely and conspicuously placed on or near such excavation, building material or obstruction, providing such excavation or obstruction does not extend more than ten (10) feet in length; and for any excavation or obstruction extending more than ten (10) feet, two (2) such lights, one (1) at each end, or one (1) such light for each additional twenty-five (25) feet or part thereof;
2. Keeping all of such lights burning during the entire night; and
3. Securing and completely covering excavation in excess of three (3) feet with three-fourth (3/4) inch plywood or its structural equivalent.
[R.O. 2001 § 210.300; CC 1990 § 12-101; Code 1977 § 17.430]
A. No person shall operate any motor vehicle on the sidewalks, pathways or unpaved part of the common land of any subdivision, nor park any motor vehicle on the sidewalks, pathways or unpaved part of the common land of any subdivision, without the written consent of the trustees of the common land, or if there be no such trustees, without the written consent of the owners or other persons designated by the owners to be in control of the sidewalks, pathways or unpaved part of the common land, and unless such person has such written consent on his/her person.
B. It shall be unlawful for any person to authorize, or knowingly permit, a motor vehicle owned by him/her or under his/her control, to be operated or parked on the sidewalks, pathways or unpaved part of the common land of any subdivision by any person when such operator has not both obtained and have on his/her person such written consent as required in this Section.
[R.O. 2001 § 210.310; CC 1990 § 12-102; Code 1977 § 17.435]
A. No person shall operate a motorcycle or minibike on private property without the written consent of the owner or person in control of such private property, and unless such person has such written permission on his/her person.
B. It shall be unlawful for any person to authorize, or knowingly permit, a motorcycle or minibike owned by him/her or under his/her control to be operated on private property by any person when such operator has not obtained and does not have on his/her person such written consent as required in this Section.
[R.O. 2001 § 210.320; CC 1990 § 12-103; Code 1977 § 17.450]
It shall be unlawful for any person to stick, post or place, keep or maintain upon any house, fence, wall, post or other structure within the City, any advertisement, bill, sign, poster or device of any kind, and it shall be unlawful for any person to paint, paste, post, place or affix any advertisement, bill, placard, poster, sign or device of any kind upon any tree, pole, post, hydrant, bridge or any structure upon any street, sidewalk, alley, or highway in the City; provided, however, that nothing herein shall apply to any notice authorized or required by law or ordinance to be posted, or to any official notice by public officers, or to election or political signs where the owner consents to signs, or to signs under a City permit.