541.04 CRIMINAL MISCHIEF.

541.04 CRIMINAL MISCHIEF.

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2025-04 (current)
Sheffield Lake Overview
Codified Ordinances of Sheffield Lake, OH
CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 116-84
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
CHAPTER 501 General Provisions and Penalty
CHAPTER 505 Animals and Fowl
CHAPTER 509 Disorderly Conduct and Peace Disturbance
CHAPTER 513 Drug Abuse Control
CHAPTER 517 Gambling
CHAPTER 521 Health, Safety and Sanitation
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 531 Noise Control
CHAPTER 533 Obscenity and Sex Offenses
CHAPTER 537 Offenses Against Persons
CHAPTER 541 Property Offenses
541.01 DETERMINING PROPERTY VALUE IN ARSON.
541.02 ARSON.
541.03 CRIMINAL DAMAGING OR ENDANGERING.
541.04 CRIMINAL MISCHIEF.
541.05 CRIMINAL TRESPASS.
541.051 AGGRAVATED TRESPASS.
541.06 DESTRUCTION OF SHRUBS, TREES OR CROPS.
541.07 DESECRATION.
541.08 BILLPOSTING AND HANDBILLS.
541.09 FRAUDULENT ADVERTISING.
541.10 ETHNIC INTIMIDATION.
541.11 VEHICULAR VANDALISM.
541.12 TRESPASS ON A PLACE OF PUBLIC AMUSEMENT.
541.99 PENALTY.
CHAPTER 545 Theft and Fraud
CHAPTER 549 Weapons and Explosives
CHAPTER 553 Railroads
CHAPTER 557 Watercraft
CHAPTER 561 Weeds and Grass
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
OH
Sheffield Lake
Codified Ordinances of Sheffield Lake, OH
541.04 CRIMINAL MISCHIEF.
CHAPTER 541 Property Offenses
CHAPTER 541
Property Offenses
541.01   Determining property value in arson.
541.02   Arson.
541.03   Criminal damaging or endangering.
541.04   Criminal mischief.
541.05   Criminal trespass.
541.051   Aggravated trespass.
541.06   Destruction of shrubs, trees or crops.
541.07   Desecration.
541.08   Billposting and handbills.
541.09   Fraudulent advertising.
541.10   Ethnic intimidation.
541.11   Vehicular vandalism.
541.12   Trespass on a place of public amusement.
541.99   Penalty.
 
CROSS REFERENCES
See sectional histories for similar State law
Parents' liability for destructive acts of their children - see Ohio R.C. 3109.09
Physical harm to property defined - see GEN. OFF. 501.01(d), (f)
Reimbursement for investigation or prosecution costs - see GEN. OFF. 501.99(a)
Damage to sidewalks - see GEN. OFF. 521.04
Vehicle trespass - see GEN. OFF. 545.06
 
 
541.01 DETERMINING PROPERTY VALUE IN ARSON.
   (a)   The following criteria shall be used in determining the value of property or amount of physical harm involved in a violation of Section 541.02.
      (1)   If the property is an heirloom, memento, collector's item, antique, museum piece, manuscript, document, record or other thing that is either irreplaceable or is replaceable only on the expenditure of substantial time, effort or money, the value of the property or the amount of physical harm involved is the amount that would compensate the owner for its loss.
      (2)   If the property is not covered under subsection (a)(1) hereof, and the physical harm is such that the property can be restored substantially to its former condition, the amount of physical harm involved is the reasonable cost of restoring the property.
      (3)   If the property is not covered under subsection (a)(1) hereof, and the physical harm is such that the property cannot be restored substantially to its former condition, the value of the property, in the case of personal property, is the cost of replacing the property with new property of like kind and quality, and in the case of real property or real property fixtures, is the difference in the fair market value of the property immediately before and immediately after the offense.
   (b)   As used in this section, "fair market value" has the same meaning as in Section 545.02(c)(3).
 
   (c)    Prima-facie evidence of the value of property, as provided in Section 545.02(d) may be used to establish the value of property pursuant to this section. (ORC 2909.11)
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 the other person’s consent.
   (b)   (1)   No person, by means of fire or explosion, shall knowingly cause or create a substantial risk of physical harm to any structure of another that is not an occupied structure;
      (2)   It is an affirmative defense to a charge under subsection (b)(1) of this section that the defendant acted with the consent of the other person.
   (c)   Whoever violates this section is guilty of arson, a misdemeanor of the first degree. If the value of the property or the amount of physical harm involved is one thousand dollars ($1,000) or more, arson is a felony and shall be prosecuted under appropriate State law.
(ORC 2909.03)
541.03 CRIMINAL DAMAGING OR ENDANGERING.
   (a)   No person shall cause, or create a substantial risk of physical harm to any property of another without the other person’s 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 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. If the property involved in a violation is 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 creates a risk of physical harm to any person or if the property involved in a violation is an occupied aircraft, criminal damaging or endangering is a felony and shall be prosecuted under appropriate State law. (ORC 2909.06)
541.04 CRIMINAL MISCHIEF.
   (a)   No person shall:
      (1)   Without privilege to do so, knowingly move, deface, damage, destroy or otherwise improperly tamper with either of the following:
         A.   The property of another;
         B.   One’s own residential real property with the purpose to decrease the value of or enjoyment of the residential real property, if both of the following apply:
            1.   The residential real property is subject to a mortgage.
            2.   The person has been served with a summons and complaint in a pending residential mortgage loan foreclosure action relating to that real property. As used in this subsection, “pending” includes the time between judgment entry and confirmation of sale.
      (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 that is harmful or offensive to persons exposed, or that 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.
      (6)   Without privilege to do so, and with intent to impair the functioning of any computer, computer system, computer network, computer software, or computer program, all as defined in Ohio R.C. 2909.01, knowingly do any of the following:
         A.   In any manner or by any means, including, but not limited to, computer hacking, alter, damage, destroy, or modify a computer, computer system, computer network, computer software, or computer program or data contained in a computer, computer system, computer network, computer software, or computer program;
         B.   Introduce a computer contaminant into a computer, computer system, computer network, computer software or computer program.
      (7)   Without privilege to do so, knowingly destroy or improperly tamper with a critical infrastructure facility.
   (b)   As used in this section:
      (1)   “Critical Infrastructure Facility”. Has the same meaning as in Ohio R.C. 2911.21.
      (2)   “Improperly Tamper”. Means to change the physical location or the physical condition of the property.
      (3)   “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 purposes, 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)   (1)   Whoever violates this section is guilty of criminal mischief, and shall be punished as provided in subsection (c)(2), (c)(3), or (c)(4) of this section.
      (2)    Except as otherwise provided in this subsection, criminal mischief committed in violation of subsection (a)(1), (a)(2), (a)(3), (a)(4), or (a)(5) of this section is a misdemeanor of the third degree. Except as otherwise provided in this division, if the violation of subsection (a)(1), (a)(2), (a)(3), (a)(4), or (a)(5) of this section creates a risk of physical harm to any person, criminal mischief committed in violation of subsection (a)(1), (a)(2), (a)(3), (a)(4), or (a)(5) of this section is a misdemeanor of the first degree. If the property involved in the violation of subsection (a)(1), (a)(2), (a)(3), (a)(4), or (a)(5) of this section is 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 creates any risk of physical harm to any person, or if the aircraft in question is an occupied aircraft, criminal mischief committed in violation of subsection (a)(1), (a)(2), (a)(3), (a)(4), or (a)(5) of this section is a felony to be prosecuted under appropriate state law.
      (3)    Except as otherwise provided in this subsection, criminal mischief committed in violation of subsection (a)(6) of this section is a misdemeanor of the first degree. If the value of the computer, computer system, computer network, computer software, computer program, or data involved in the violation of subsection (a)(6) of this section or the loss to the victim resulting from the violation is one thousand dollars ($1,000) or more, or if the computer, computer system, computer network, computer software, computer program, or data involved in the violation of subsection (a)(6) is used or intended to be used in the operation of an aircraft and the violation creates any risk of physical harm to any person, or if the aircraft in question is an occupied aircraft, criminal mischief committed in violation of subsection (a)(6) of this section is a felony to be prosecuted under appropriate state law.
      (4)    Criminal mischief committed in violation of subsection (a)(7) of this section is a felony to be prosecuted under appropriate state law.
         (ORC 2909.07)
541.05 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 the offender 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 by signage posted in a conspicuous place or otherwise being notified to do so by the owner or occupant, or the agent or servant of either.
      (5)   Knowingly enter or remain on a critical infrastructure facility.
   (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)   (1)   Whoever violates this section is guilty of criminal trespass. Criminal trespass in violation of subsection (a)(1), (a)(2), (a)(3), or (a)(4) of this section is a misdemeanor of the fourth degree. Criminal trespass in violation of subsection (a)(5) of this section is a misdemeanor of the first degree.
      (2)   Notwithstanding Section 501.99, if the person, in committing the violation of this section, used a snowmobile, off-highway motorcycle, or all-purpose vehicle, the court shall impose a fine of two times the usual amount imposed for the violation.
      (3)   If an offender previously has been convicted of or pleaded guilty to two or more violations of this section or a substantially equivalent municipal ordinance, or state law, and the offender, in committing each violation, used a snowmobile, off-highway motorcycle, or all-purpose vehicle, the court, in addition to or independent of all other penalties imposed for the violation, may impound the certificate of registration of that snowmobile or off-highway motorcycle or the certificate of registration and license plate of that all-purpose vehicle for not less than sixty days. In such a case, Ohio R.C. 4519.47 applies.
   (e)   As used in subsections (a) through (e) of this section:
      (1)   “All-Purpose Vehicle, Off-Highway Motorcycle” and “Snowmobile”. Have the same meanings as in Ohio R.C. 4519.01.
      (2)   “Critical Infrastructure Facility”. Means:
         A.   One of the following, if completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders, or if clearly marked with signs that are reasonably likely to come to the attention of potential intruders and that indicate entry is forbidden without site authorization:
            1.    A petroleum or alumina refinery;
            2.    An electric generating facility, substation, switching station, electrical control center, or electric transmission and distribution lines and associated equipment;
            3.    A chemical, polymer, or rubber manufacturing facility;
            4.    A water intake structure, water treatment facility, waste water facility, drainage facility, water management facility, or any similar water or sewage treatment system and its water and sewage piping;
            5.    A natural gas company facility or interstate natural gas pipeline, including a pipeline interconnection, a natural gas compressor station and associated facilities, city gate or town border station, metering station, above-ground piping, regulator station, valve site, delivery station, fabricated assembly, or any other part of a natural gas storage facility involved in the gathering, storage, transmission, or distribution of gas;
            6.    A telecommunications central switching office or remote switching facility or an equivalent network facility that serves a similar purpose;
            7.    Wireline or wireless telecommunications infrastructure, including telecommunications towers and telephone poles and lines, including fiber optic lines;
            8.    A port, trucking terminal, or other freight transportation facility;
            9.    A gas processing plant, including a plant used in the processing, treatment, or fractionation of natural gas or natural gas liquids;
            10.    A transmission facility used by a federally licensed radio or television station;
            11.    A steel-making facility that uses an electric arc furnace to make steel;
            12.    A facility identified and regulated by the United States Department of Homeland Security’s Chemical Facility Anti-Terrorism Standards Program under 6 C.F.R. part 27;
            13.    A dam that is regulated by the state or federal government;
            14.    A crude oil or refined products storage and distribution facility, including valve sites, pipeline interconnections, pump station, metering station, below- or above-ground pipeline, or piping and truck loading or off-loading facility;
            15.    A video service network and broadband infrastructure, including associated buildings and facilities, video service headends, towers, utility poles, and utility lines such as fiber optic lines. As used in this division, “video service network” has the same meaning as in Ohio R.C. 1332.21.
            16.    Any above-ground portion of an oil, gas, hazardous liquid or chemical pipeline, tank, or other storage facility;
            17.    Any above-ground portion of a well, well pad, or production operation;
            18.    A laydown area or construction site for pipe and other equipment intended for use on an interstate or intrastate natural gas or crude oil pipeline;
            19.    Any mining operation, including any processing equipment, batching operation, or support facility for that mining operation.
         B.   With respect to a video service network or broadband or wireless telecommunications infrastructure, the above-ground portion of a facility installed in a public right-of-way on a utility pole or in a conduit;
         C.   Any railroad property;
         D.   An electronic asset of any of the following:
            1.    An electric light company that is a public utility under Ohio R.C. 4905.02;
            2.    An electric cooperative, as defined in Ohio R.C. 4928.01;
            3.    A municipal electric utility, as defined in Ohio R.C. 4928.01;
            4.    A natural gas company that is a public utility under Ohio R.C. 4905.02;
            5.    A telephone company that is a public utility under Ohio R.C. 4905.02;
            6.    A video service provider, including a cable operator, as those terms are defined in Ohio R.C. 1332.21.
      (3)   “Electronic Asset”. Includes, but is not limited to, the hardware, software, and data of a programmable electronic device; all communications, operations, and customer data networks; and the contents of those data networks.
      (4)   “Land” or “Premises”. Includes any land, building, structure, or place belonging to, controlled by, or in custody of another, and any separate enclosure or room, or portion thereof.
      (5)   “Production Operation, Well, and Well Pad”. Have the same meanings as in Ohio R.C. 1509.01.
         (ORC 2911.21)
541.051 AGGRAVATED TRESPASS.
   (a)   (1)   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 that person.
      (2)   No person shall enter or remain on a critical infrastructure facility with purpose to destroy or tamper with the facility.
   (b)   Whoever violates this section is guilty of aggravated trespass. Aggravated trespass in violation of subsection (a)(1) of this section is a misdemeanor of the first degree. Aggravated trespass in violation of subsection (a)(2) of this section is a felony to be prosecuted under appropriate state law.
   (c)   As used in this section, “Critical infrastructure facility” has the same meaning as in Ohio R.C. 2911.21. (ORC 2911.211)
541.06 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)   In addition to any penalty provided, whoever violates this section is liable in treble damages for the injury caused. (ORC 901.51)
   (c)   Whoever violates this section is guilty of a misdemeanor of the fourth degree. (ORC 901.99(A))
541.07 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 misdemeanor of the second degree.
   (c)   As used in this section, “cemetery” means any place of burial and includes burial sites that contain American Indian burial objects placed with or containing American Indian human remains. (ORC 2927.11)
541.08 BILLPOSTING AND HANDBILLS.
   (a)   On Private Property. No person shall stick or post any advertisement, poster, sign, handbill or placard of any kind upon any building, vehicle, tree, post, fence, billboard or other structure or thing which is the private property of another, without permission of the occupant or owner of the same, or 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 which is the property of another, without first obtaining permission of the owner of such thing on which he desires to place such notice, advertisement, name, mark or figure.
   (b)   On Public Property. No person shall stick, post or attach any advertisement, poster, sign, handbill or placard of any kind upon any telegraph, telephone, railway or electric light pole within the corporate limits or upon any public building, vehicle, voting booth, flagging, curb, tree lawn, walk, step, stone or sidewalk, or write, print or impress, or in any manner attach, any notice or advertisement of any kind upon any public building, voting booth, flagging, curb, tree lawn, step, stone or sidewalk which is the property of the Municipality or which is within the street lines of the Municipality or over which the Municipality or Council has the care, custody or control, except such as may be required by the laws of the State or upon written permission of the Mayor.
(Ord. 3-74. Passed 1-8-74.)
   (c)   Penalty. Whoever violates any of the provisions of this section is guilty of a minor misdemeanor.
541.09 FRAUDULENT ADVERTISING.
   (a)   No person shall directly or indirectly make, publish, disseminate, circulate or place before the public in a newspaper, magazine, or other publication, or in the form of a book, notice, handbill, poster, bills, circular, letter, pamphlet, sign, placard, card or label, or over any radio or television station, or in any other way, as advertisement of any sort regarding merchandise, securities, service, employment, real estate or anything of value offered by him for use, purchase or sale, which advertisement or announcement contains any asserting, representation or statement which is untrue or fraudulent.
(Ord. 74-58. Passed 10-28-58.)
   (b)   Whoever violates this section is guilty of a misdemeanor of the third degree.

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken.

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Detected legislative history

• Ordinances of Sheffield Lake, OH
• ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO
• ORDINANCE NO. 116-84
• ORDINANCES OF SHEFFIELD LAKE
• orderly Conduct and Peace Disturbance
• ord or other thing that is either irreplaceable or is replaceable only on the expenditure of substantial time, effort or money, the value of the property or the amount of physical harm
• effectiveness or availability for its intended purpose;
• ordinance, or state law, and the offender, in committing each violation, used a snowmobile, off-highway motorcycle, or all-purpose vehicle, the court, in addition to or independent of all o
• order station, metering station, above-ground piping, regulator station, valve site, delivery station, fabricated assembly, or any other part of a natural gas storage facility involve
• Ord. 3-74
• Ord. 74-58
• Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality
• Ordinances should be consulted prior to any action being taken
• Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588

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