648.05 DISTURBING A LAWFUL MEETING.

   (a)   No person, with purpose to prevent or disrupt a lawful meeting, procession or gathering, shall do either of the following:

      (1)   Do any act which obstructs or interferes with the due conduct of such meeting, procession or gathering;

      (2)   Make any utterance, gesture or display which outrages the sensibilities of the group.

   (b)   Whoever violates this section is guilty of disturbing a lawful meeting. Except as otherwise provided in this division, disturbing a lawful meeting is a misdemeanor of the fourth degree. Disturbing a lawful meeting is a misdemeanor of the first degree if either of the following applies:

      (1)   The violation is committed with the intent to disturb or disquiet any assemblage of people met for religious worship at a tax-exempt place of worship, regardless of whether the conduct is within the place at which the assemblage is held or is on the property on which that place is located and disturbs the order and solemnity of the assemblage.

      (2)   The violation is committed with the intent to prevent, disrupt, or interfere with a virtual meeting or gathering of people for religious worship, through use of a computer, computer system, telecommunications device, or other electronic device or system, or in any other manner.

   (c)   As used in this section:

      (1)   “Computer.” Has the same meaning as in R.C. § 2913.01.

      (2)   “Computer system.” Has the same meaning as in R.C. § 2913.01.

      (3)   “Telecommunications device.” Has the same meaning as in R.C. § 2913.01.

      (4)   “Virtual meeting or gathering.” A meeting or gathering by interactive video conference or teleconference, or by a combination thereof.

         (R.C. § 2917.12)

648.06 MISCONDUCT AT AN EMERGENCY.

   (a)   No person shall knowingly do any of the following:

      (1)   Hamper the lawful operations of any law enforcement officer, firefighter, rescuer, medical person, emergency medical services person, or other authorized person, engaged in the person’s duties at the scene of a fire, accident, disaster, riot, or emergency of any kind;

      (2)   Hamper the lawful activities of any emergency facility person who is engaged in the person’s duties in an emergency facility;

      (3)   Fail to obey the lawful order of any law enforcement officer engaged in the law enforcement officer’s duties at the scene of or in connection with a fire, accident, disaster, riot, or emergency of any kind.

   (b)   Nothing in this section shall be construed to limit access or deny information to any news media representative in the lawful exercise of the news media representative’s duties.

   (c)   Whoever violates this section is guilty of misconduct at an emergency. Except as otherwise provided in this subsection, misconduct at an emergency is a misdemeanor of the fourth degree. If a violation of this section creates a risk of physical harm to persons or property, misconduct at an emergency is a misdemeanor of the first degree.

   (d)   As used in this section:

      (1)   “Emergency medical services person” is the singular of “emergency medical services personnel” as defined in Ohio R.C. 2133.21.

      (2)   “Emergency facility person” is the singular of “emergency facility personnel” as defined in Ohio R.C. 2909.04.

      (3)   “Emergency facility” has the same meaning as in Ohio R.C. 2909.04.

         (ORC 2917.13)

648.07 INDUCING PANIC.

   (a)    No person shall cause the evacuation of any public place, or otherwise cause serious public inconvenience or alarm, by doing any of the following:

      (1)   Initiating or circulating a report or warning of an alleged or impending fire, explosion, crime or other catastrophe, knowing that such report or warning is false;

      (2)   Threatening to commit any offense of violence;

      (3)   Committing any offense, with reckless disregard of the likelihood that its commission will cause serious public inconvenience or alarm.

   (b)    Division (a) hereof does not apply to any person conducting an authorized fire or emergency drill.

   (c)   Whoever violates this section is guilty of inducing panic, a misdemeanor of the first degree. If inducing panic results in physical harm to any person, economic harm of one thousand dollars ($1,000) or more, if the public place involved in a violation of this section is a school or an institution of higher education, or if the violation pertains to a purported, threatened or actual use of a weapon of mass destruction, inducing panic is a felony and shall be prosecuted under appropriate State law.

   (d)   Any act that is a violation of this section and any other section of the Codified Ordinances may be prosecuted under this section, the other section, or both sections.

   (e)   As used in this section:

      (1)   “Economic harm” means any of the following:

         A.   All direct, incidental, and consequential pecuniary harm suffered by a victim as a result of criminal conduct. “Economic harm” as described in this division includes, but is not limited to, all of the following:

            1.   All wages, salaries, or other compensation lost as a result of the criminal conduct;

            2.   The cost of all wages, salaries, or other compensation paid to employees for time those employees are prevented from working as a result of the criminal conduct;

            3.   The overhead costs incurred for the time that a business is shut down as a result of the criminal conduct;

            4.   The loss of value to tangible or intangible property that was damaged as a result of the criminal conduct.

         B.   All costs incurred by the Municipality as a result of, or in making any response to, the criminal conduct that constituted the violation of this section or Section 648.08, including, but not limited to, all costs so incurred by any law enforcement officers, firefighters, rescue personnel, or emergency medical services personnel of the state or the political subdivision.

      (2)   “School” means any school operated by a board of education or any school for which the Director of Education and Workforce prescribes minimum standards under Ohio R.C. 3301.07, whether or not any instruction, extracurricular activities or training provided by the school is being conducted at the time a violation of this section is committed.

      (3)   “Weapon of mass destruction” means any of the following:

         A.   Any weapon that is designed or intended to cause death or serious physical harm through the release, dissemination, or impact of toxic or poisonous chemicals, or their precursors;

         B.   Any weapon involving a disease organism or biological agent;

         C.   Any weapon that is designed to release radiation or radioactivity at a level dangerous to human life;

         D.   Any of the following, except to the extent that the item or device in question is expressly excepted from the definition of “destructive device” pursuant to 18 U.S.C. 921(a)(4) and regulations issued under that section:

            1.   Any explosive, incendiary, or poison gas bomb, grenade, rocket having a propellant charge of more than four ounces, missile having an explosive or incendiary charge of more than one-quarter ounce, mine, or similar device;

            2.   Any combination of parts either designed or intended for use in converting any item or device into any item or device described in division (e)(3)D.1. of this section and from which an item or device described in that division may be readily assembled.

      (4)   “Biological agent” has the same meaning as in Ohio R.C. 2917.33.

      (5)   “Emergency medical services personnel” has the same meaning as in Ohio R.C. 2133.21.

      (6)   “Institution of higher education” means any of the following:

         A.   A state university or college as defined in Ohio R.C. 3345.12(A)(1), community college, state community college, university branch, or technical college;

         B.   A private, nonprofit college, university or other post-secondary institution located in this state that possesses a certificate of authorization issued by the Chancellor of Higher Education pursuant to R.C. Chapter 1713.

         C.   A post-secondary institution with a certificate of registration issued by the State Board of Career Colleges and Schools under Ohio R.C. Chapter 3332. (ORC 2917.31)

648.08 MAKING FALSE ALARMS.

   (a)   No person shall do any of the following:

      (1)   Initiate or circulate a report or warning of an alleged or impending fire, explosion, crime or other catastrophe, knowing that the report or warning is false and likely to cause public inconvenience or alarm;

      (2)   Knowingly cause a false alarm of fire or other emergency to be transmitted to or within any organization, public or private, for dealing with emergencies involving a risk of physical harm to persons or property;

      (3)   Report to any law enforcement agency an alleged offense or other incident within its concern, knowing that such offense did not occur;

      (4)   Initiate or circulate a report or warning of an alleged or impending fire, explosion, crime, or other catastrophe, knowing that the report or warning is false and likely to impede the operation of a critical infrastructure facility.

   (b)   This section does not apply to any person conducting an authorized fire or emergency drill.

   (c)   Whoever violates this section is guilty of making false alarms, a misdemeanor of the first degree. If a violation of this section results in economic harm of one thousand dollars ($1,000) or more, or if a violation of this section pertains to a purported, threatened, or actual use of a weapon of mass destruction, making false alarms is a felony and shall be prosecuted under appropriate State law.

   (d)   (1)   It is not a defense to a charge under this section that pertains to a purported or threatened use of a weapon of mass destruction that the offender did not possess or have the ability to use a weapon of mass destruction or that what was represented to be a weapon of mass destruction was not a weapon of mass destruction.

      (2)   Any act that is a violation of this section and any other section of the Ohio Revised Code or these Codified Ordinances may be prosecuted under this section, the other section, or both sections.

   (e)   As used in this section:

      (1)   “Critical infrastructure facility.” Has the same meaning as in R.C. § 2911.21.

      (2)   “Economic harm” and “weapon of mass destruction.” Have the same meaning as in R.C. § 2917.31.

         (R.C. § 2917.32)

648.09 MAYOR’S EMERGENCY POWERS.

   (a)   A “State of Emergency” may be proclaimed when there is a tumult, riot, mob or body of people acting together with the intent to commit a felony or to do or offer violence to any person or property, or by force and violence to break or resist the law, or in the event of a flood, fire, snowstorm or any other disaster affecting life and property and which substantially impairs the functioning of the City government and its ability to protect the lives and property of the people.

      (1)   The Mayor, the President of Council, the Chief of Police acting in the order herein designated when the previously named officer or officers are absent from the City or are unavailable or incapable of so doing, are authorized to proclaim the existence of a State of Emergency in the City or within any prescribed area thereof.

      (2)   A “State of Emergency” and Executive Orders issued thereunder may, at anytime, be rescinded by Council ordinance or resolution.

   (b)   When a State of Emergency has been proclaimed as provided in subsection (a) hereof, any of the officers named therein, acting in accordance therewith, is authorized to issue such Executive Orders as is deemed necessary to protect life and property. Such Executive Orders may include, but are not limited to suspension of local ordinances and regulations, the establishment of a curfew; prohibiting the sale of beer or intoxicating liquor; prohibiting the sale of firearms; restricting or prohibiting movement into, out of or within the affected area; or prohibiting or limiting the assemblage of persons.

   (c)   No person shall fail to obey the lawful order of any Bexley, local, county, state law enforcement officer; activated National Guard member; fire or rescue personnel, or other authorized person specifically named in the “State of Emergency” proclamation, and no person shall in any way intentionally interfere with any such afore-mentioned person(s) in the protection or preservation of life or property during the existence of a State of Emergency proclaimed as provided in subsection (a) and (b) hereof.

   (d)   Whoever violates any proclamation issued in accordance with subsection (a), (b) or (c) hereof, is guilty of a misdemeanor of the first degree. Punishment shall be as provided in Section 698.02.

(Ord. 19-68. Passed 5-24-68; Ord. 36-20. Passed 3-9-21.)

648.10 MINOR’S CURFEW; TRUANCY.

   (a)   No minor under the age of twelve years shall loiter, idle, wander, stroll or play in or upon the public streets or other public places or upon private property, except upon private property where the minor resides and with the permission of the minor’s parent or guardian, during the period between 10:00 p.m. to 6:00 a.m. of the following day, unless accompanied by the minor’s parent, guardian or other adult person having the care and custody of the minor or unless such minor is on an emergency errand directed by the minor’s parent or guardian, or on legitimate business directed by the minor’s parent, guardian or other adult person having the care and custody of the minor.

   (b)   No minor under the age of eighteen years shall loiter, idle, wander, stroll or play in or upon the public streets or other public places or upon private property, except upon private property where the minor resides and with the permission of the parent or guardian of such minor, during the period between 12:00 midnight and 6:00 a.m. of the following day, unless accompanied by the minor’s parent, guardian or other adult person having the care and custody of the minor, or unless such minor is on an emergency errand or legitimate business at the direction of the parent, guardian or other adult person having the care and custody of the minor. (Ord. 76-99. Passed 12-28-99.)

   (c)   No minor under the age of eighteen years shall be truant from school when the laws of this State require such minor’s attendance in school.

   (d)   No minor under the age of eighteen years, who has been expelled or suspended from school, shall loiter, idle, wander, stroll or play in or upon the public streets or other public places or upon private property, except upon private property where the minor resides or property where the minor is being cared for and with the permission of the parent or guardian of such minor, during the period of a school day, unless accompanied by the minor’s parent, guardian or other adult person having the care and custody of the minor, or unless such minor is on an emergency errand or legitimate business at the direction of the parent, guardian or other adult person having the care and custody of the minor.

   (e)   No parent, guardian or person having the care, custody or control of any minor shall permit such minor to violate any of the provisions of this section.

   (f)   No person shall aid, abet, influence or encourage any minor under the age of eighteen years to:

      (1)   Violate subsection (a) hereof;

      (2)   Violate subsection (b) hereof;

      (3)   Violate subsection (c) hereof;

      (4)   Violate subsection (d) hereof; or

      (5)   Be truant from home when such minor has been reported as truant from home to the police or a Municipal official.

   (g)   Whoever, being an adult, violates any of the provisions of this section is guilty of a minor misdemeanor. Punishment shall be as provided in Section 698.02.

   (h)   Whoever, being a minor, violates any of the provisions of this section shall be dealt with in accordance with Juvenile Court law and procedure.

(Ord. 14-06. Passed 3-28-06.)

648.11 DISTURBING THE PEACE.

   (a)   Prohibition. No person shall make, continue or cause to be made or continued any loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others, within the limits of the City.

   (b)    Noises Enumerated. The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this section, but such enumeration shall not be deemed to be exclusive:

      (1)    Horns, signaling devices, etc. The sounding of any horn or signaling device on any automobile, motorcycle, motor scooter or other vehicle on any street or public place of the City, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; and the sounding of any such device for an unnecessary and unreasonable period of time. The use of any signaling device, except one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust; and the use of any such signaling device when traffic is for any reason held up;

      (2)    Radios, phonographs, etc. The using, operating or permitting to be played, used or operated any radio receiving set, musical instrument, television set, phonograph or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine or device between the hours of 11:00 p.m. and 7:00 a.m. of the following day in such a manner as to be plainly audible at a distance of fifty feet from the building, structure or vehicle in which it is located shall be prima-facie evidence of a violation of this section.

      (3)    Loudspeakers, amplifiers for advertising. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure;

      (4)    Yelling, shouting, etc. Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m. of the following day or at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office, or in any dwelling, hotel or other type of residence, or of any person in the vicinity;

      (5)    Animals, birds, etc. The keeping of any animal or bird which, by causing frequent or long continued noise, disturbs the comfort or repose of any person in the vicinity;

      (6)    Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motorcycle, motor scooter or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom;

      (7)    Defect in vehicle or load. The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such a manner as to create loud and unnecessary grating, grinding, rattling or other noise;

      (8)   Construction or repairing of buildings. The erection (including excavating), demolition, alteration or repair of any building other than between the hours of 7:00 a.m. and 6:00 p.m. on week days, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the Superintendent of Buildings, which permit may be granted for a period not to exceed three days or less while the emergency continues and which permit may be renewed for periods of three days or less while the emergency continues. If the Superintendent of Buildings, determines that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways between 6:00 p.m. and 7:00 a.m. of the following day, and if the Superintendent further determines that loss or inconvenience would result to any party in interest, the Superintendent may grant permission for such work to be done between 6:00 p.m. and 7:00 a.m. of the following day upon application being made at the time the permit for the work is awarded or during the progress of the work.

      (9)   Schools, courts, churches, hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while the same are in use, or adjacent to any hospital, which unreasonably interferes with the workings of such institution, or which disturbs or unduly annoys patients in the hospital, provided conspicuous signs are displayed in such streets indicating that the same is a school, hospital or court street;

      (10)   Hawkers, peddlers. The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.

      (11)   Drums. The use of any drum or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale;

      (12)   Metal rails, pillars and columns, transportation thereof. The transportation of rails, pillars or columns of iron, steel or other material, over and along streets and other public places upon carts, drays, cars, trucks or in any other manner so loaded as to cause loud noises or as to disturb the peace and quiet of such streets or other public places;

      (13)   Pile drivers, hammers, etc. The operation between the hours of 10:00 p.m. and 7:00 a.m. of the following day of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliance, the use of which is attended by loud or unusual noise; or

      (14)   Blowers. The operation of any noise-creating blower or power fan or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device sufficient to deaden such noise. (Ord. 44-93. Passed 9-14-93.)

      (15)   Commercial vehicles. The use or parking, within 175 feet of any residential property, of a vehicle, other than a passenger car, school bus, any mode of public transportation, or emergency or safety vehicle, which emits or results in noise from any source, including, without limitation, an internal combustion engine, generator or refrigeration unit, for any purposes or length of time except for:

         A.   The expeditious unloading and delivery or pickup and loading of goods and materials including, without limitation, the collection of refuse or recycling, between the hours of 7:00 a.m. and 6:30 p.m. weekdays; or

         B.   Operation in connection with construction or demolition activity otherwise permitted by law.

            (Ord. 60-98. Passed 7-28-98.)

      (16)   Outdoor activities. Outdoor activities, including, but not limited to, games, the playing of sports and social functions, between the hours of 12:00 midnight and 7:00 a.m., producing noise of such volume and/or duration that it disturbs the quiet, comfort or repose of a reasonable person in any neighboring dwelling or residential structure or otherwise in the vicinity of such activities.

         (Ord. 112-02. Passed 1-28-03.)

   (c)   Penalty. Whoever violates any of the provisions of this section is guilty of a minor misdemeanor. A separate offense shall be deemed committed each day during or on which a violation occurs or continues. Punishment shall be as provided in Section 698.02.

(Ord. 44-93. Passed 9-14-93.)