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Brook Park Overview
Brook Park, OH Code of Ordinances
CODIFIED ORDINANCES OF THE CITY OF BROOK PARK OHIO
CERTIFICATION
ROSTER OF OFFICIALS BROOK PARK, OHIO (2023)
PRELIMINARY UNIT
CHARTER of the CITY OF BROOK PARK, OHIO
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
CHAPTER 501 General Provisions and Penalty
CHAPTER 503 Abortion
CHAPTER 505 Animals
CHAPTER 506 Dangerous and Vicious Animals
CHAPTER 507 Intrusion and Burglar Alarm Systems
CHAPTER 509 Disorderly Conduct and Peace Disturbance
CHAPTER 510 Noise Control
CHAPTER 511 Drive-In Restaurants, Shopping Centers and Gasoline Stations
CHAPTER 513 Drug Abuse Control
CHAPTER 515 Fireworks
CHAPTER 517 Gambling
CHAPTER 520 Polychlorinated Biphenyls (PCBs)
CHAPTER 521 Health, Safety and Sanitation
CHAPTER 523 Labor Disputes and Strikebreakers
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 533 Obscenity and Sex Offenses
CHAPTER 537 Offenses Against Persons
CHAPTER 539 Playgrounds
CHAPTER 541 Property Offenses
CHAPTER 543 Real Property Sale Practices
CHAPTER 545 Theft and Fraud
CHAPTER 549 Weapons and Explosives
CHAPTER 551 Weeds (Repealed)
CHAPTER 553 Railroads
CHAPTER 554 Cigarette and Tobacco Vendors: Sales to Persons Under Twenty-one
CHAPTER 556 Prohibition of Cultivation, Processing or Retail Dispensaries of Medical Marijuana
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
PART SEVENTEEN - TAXATION CODE THROUGH 2015
PART EIGHTEEN - TAXATION CODE EFFECTIVE 2016
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509.03 DISORDERLY CONDUCT; INTOXICATION.
   (a)   No person shall recklessly cause inconvenience, annoyance, or alarm to another, by doing any of the following:
      (1)   Engaging in fighting, in threatening harm to persons or property, or in violent or turbulent behavior;
      (2)   Making unreasonable noise or an offensively coarse utterance, gesture, or display, or communicating unwarranted and grossly abusive language to any person;
      (3)   Insulting, taunting, or challenging another, under circumstances in which that conduct is likely to provoke a violent response;
      (4)   Hindering or preventing the movement of persons on a public street, road, highway, or right-of-way, or to, from, within, or upon public or private property, so as to interfere with the rights of others, and by any act that serves no lawful and reasonable purpose of the offender;
      (5)   Creating a condition that is physically offensive to persons or that presents a risk of physical harm to persons or property, by any act that serves no lawful and reasonable purpose of the offender;
      (6)   Engaging in any conduct:
         A.   Which results in a physical confrontation with a sports official at sports events or thereafter;
         B.   Which causes any physical harm to a sports official at sports events or thereafter; or
         C.   Which otherwise directly or indirectly serves to create an atmosphere of contempt for the sporting official to such a degree that the sports official is unable to continue their service at the sporting event without a stoppage in play and forcibly removing the person from the event.
(Ord. 11359-2023. Passed 10-17-23.)
   (b)   No person while voluntarily intoxicated shall do either of the following:
      (1)   In a public place or in the presence of two or more persons, engage in conduct likely to be offensive or to cause inconvenience, annoyance, or alarm to persons of ordinary sensibilities, which conduct the offender, if he or she were not intoxicated, should know is likely to have such effect on others;
      (2)   Engage in conduct or create a condition that presents a risk of physical harm to himself, herself or another, or to the property of another.
   (c)   Violation of any statute or ordinance of which an element is operating a motor vehicle, locomotive, watercraft, aircraft, or other vehicle while under the influence of alcohol or any drug of abuse is not a violation of division (b) of this section.
   (d)   If a person appears to an ordinary observer to be intoxicated, it is probable cause to believe that the person is voluntarily intoxicated for purposes of division (b) of this section.
   (e)   Whoever violates this section is guilty of disorderly conduct.
      (1)   Except as otherwise provided in divisions (e)(2) and (e)(3) of this section, disorderly conduct is a minor misdemeanor.
      (2)   Disorderly conduct is a misdemeanor of the fourth degree if any of the following applies:
         A.   The offender persists in disorderly conduct after reasonable warning or request to desist.
         B.   The offense is committed in the vicinity of a school or in a school safety zone.
         C.   The offense is committed in the presence of any law enforcement officer, firefighter, rescuer, medical person, emergency medical services person, or other authorized person who is engaged in the person’s duties at the scene of a fire, accident, disaster, riot, or emergency of any kind.
         D.   The offense is committed in the presence of any emergency facility person who is engaged in the person's duties in an emergency facility.
      (3)   If an offender previously has been convicted of or pleaded guilty to three or more violations of division (b) of this section, Ohio R.C. 2917.11(B), or any substantially equivalent state law or municipal ordinance, a violation of division (b) of this section is a misdemeanor of the fourth degree.
   (f)   As used in this section:
      (1)   "Committed in the vicinity of a school" has the same meaning as in Ohio R.C. 2925.01.
      (2)   "Emergency facility" has the same meaning as in Ohio R.C. 2909.04;
      (3)   "Emergency facility person" is the singular of "emergency facility personnel" as defined in Ohio R.C. 2909.04;
      (4)   "Emergency medical services person" is the singular of "emergency medical services4 personnel" as defined in Ohio R.C. 2133.21.
(ORC 2917.11)
509.04 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 the 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.
(ORC 2917.12)
509.05 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 division, misconduct at an emergency is a misdemeanor of the fourth degree. If 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 facility" has the same meaning as in Ohio R.C. 2909.04;
      (2)   "Emergency facility person" is the singular of "emergency facility personnel" as defined in Ohio R.C. 2909.04;
      (3)   "Emergency medical services person" is the singular of "emergency medical services personnel" as defined in Ohio R.C. 2133.21.
(ORC 2917.13)
509.06 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 the 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)(1) of this section does not apply to any person conducting an authorized fire or emergency drill.
   (c)   (1)   Whoever violates this section is guilty of inducing panic.
      (2)   Except as otherwise provided in division (c)(3), inducing panic is a misdemeanor of the first degree.
      (3)   If a violation of this section results in physical harm to any person, inducing panic is a felony to be prosecuted under appropriate State law. If a violation of this section results in economic harm of one thousand dollars ($1,000) or more, inducing panic is a felony to be prosecuted under appropriate State law. If the public place involved in a violation of division (a)(1) is a school or an institution of higher education, inducing panic is a felony to be prosecuted under appropriate State law. If a violation of this section pertains to a purported, threatened or actual use of a weapon of mass destruction, inducing panic is a felony to 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)   "Biological agent" has the same meaning as in Ohio R.C. 2917.33.
      (2)   "Economic harm" means any of the following:
         A.   All direct, incidental and consequential pecuniary harm suffered by a victim as a result of the 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 from 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 State or any political subdivision as a result of, or in making any response to, the criminal conduct that constituted the violation of this section or Ohio R.C. 2917.32, or any substantially equivalent municipal ordinance, 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.
      (3)   "Emergency medical services personnel" has the same meaning as in Ohio R.C. 2133.21.
      (4)   “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 Ohio R.C. Chapter 1713;
         C.   A post-secondary institution with a certificate of registration issued by the State Board of Career Colleges and Schools pursuant to Ohio R.C. Chapter 3332.
      (5)   “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.
      (6)   “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 other 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 D.1. of this definition and from which an item or device described in that division may be readily assembled.
(ORC 2917.31)
509.07 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 the 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. Except as otherwise provided in this division, making false alarms is a misdemeanor of the first degree. If a violation of this section results in economic harm of one thousand dollars ($1,000) or more, making false alarms is a felony to be prosecuted under appropriate State law. 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 to 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)
509.08 NOTIFICATION OF A BOMB THREAT.
   (a)   Any person owning or occupying or being in charge of any dwelling, building or other structure in the City shall, upon receiving a bomb threat of any kind, do the following acts:
      (1)   Immediately notify the Police Department of such threat.
      (2)   Take such action as deemed necessary for the preservation of the health, safety and welfare of the employees and/or other occupants of the building.
   (b)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 4580. Passed 6-18-74.)
509.09 MINOR'S CURFEW.
   (a)   Nighttime Curfew. No minor under the age of eighteen years, shall loiter, congregate, gather in groups or roam, or be upon the streets or public places of the City between the hours of 10:00 p.m. and 5:00 a.m. on Sunday, Monday, Tuesday, Wednesday and Thursday, and between 11:00 p.m. and 5:00 a.m. on Friday and Saturday, except when accompanied by his parent, guardian or person in charge of such minor, or some other responsible person over twenty-one years of age who has been given permission by such parent, guardian or person in charge to accompany the minor.
   No parent, guardian or person in charge of a minor under the age of eighteen years shall allow such minor to loiter, congregate, gather in groups, or roam, or be upon the streets or public places of the City between the hours and on the days indicated herein unless so accompanied.
   (b)   Daytime Curfew. No minor under the age of eighteen years shall be upon or about any public street or public place within the City at any time when such person is required by Ohio R.C. Chapter 3321 to be in attendance at school.
   (c)   Special Functions. Any school, church, lodge or other organization which desires to hold any entertainment for minors under the age of eighteen years, and which entertainment shall require such minors to be out at a later hour than that called for in subsection (a) hereof, shall make application to the Chief of Police for permission to have the minors stay out to this later hour. The application shall state the time the entertainment will end, and the minors who attend this function shall be required to be off the public streets one-half hour after the function is ended.
   (d)   Penalty. Any minor found in violation of subsection (a) hereof shall be taken to the Municipal Building and the parent, guardian or person in charge of such minor shall be notified to come to the Municipal Building and take personal charge of the minor. The minor shall be released only to such parent, guardian or person in charge of him, or to the juvenile authorities. Any minor found in violation of such subsection who has once before been held by the authorities for violation of such subsection shall be held for the juvenile authorities for proper disposition.
   Any minor found violating subsection (b) hereof shall be issued, upon a first offense, a written warning of the violation, and a copy of the warning shall be sent to the parent, guardian or other person in charge of the violator. In addition, the violator shall be conducted to school by a police officer or school attendance officer. Any person who violates subsection (b) hereof for a second or subsequent offense is guilty of violating the daytime curfew and is subject to the jurisdiction of the juvenile Court.
   No parent, guardian or other person who receives a warning pursuant hereto shall fail to cause the child to whom the warning pertains to attend school as required by Ohio R.C. Chapter 3321. Whoever violates this proscription is guilty of failing to cause a child to attend school and shall be fined fifty dollars ($50.00) for a first offense, one hundred dollars ($100.00) for a second offense, two hundred fifty dollars ($250.00) for a third offense and shall be imprisoned for not more than three days for a fourth offense and any subsequent offenses.
   (e)   Any parent, guardian or person in charge of a minor who permits any minor to violate subsection (a) hereof shall upon a first offense be warned; upon a second offense, the parent, guardian or person in charge of the minor is guilty of a minor misdemeanor.
(Ord. 7698-1992. Passed 3-3-92.)
509.10 PROHIBITED CONDUCT.
   (a)   No person shall commit any of the following acts:
      (1)   Have possession or custody of any instrument, tool or other implement that may reasonably be inferred to have been designed for or be employed in the commission of any felony or misdemeanor while abroad on a public street in the night season, or while being upon the land or premises of another without the consent of the person who is the owner or occupant of such land or premises, or the agent or servant of either.
      (2)   Beg and live idly without visible means of support. This subsection does not prevent persons connected with any charitable or religious institution soliciting for or in behalf of such institution.
      (3)   Occupy, for the purpose of lodging or sleeping, any building, vehicle, railroad car, vacant lot or other place other than such as is normally provided for that purpose, without the consent of the owner or person entitled to possession thereof.
      (4)   Keep, operate, reside in, frequent or loiter in or around, or be employed in any place of prostitution, lewdness or assignation, or gambling establishment or place where intoxicating liquor is sold without a license, or any public building after closing.
   (b)   Whoever is convicted of or pleads guilty to the violation of this section shall be guilty of a misdemeanor of the fourth degree.
(Ord. 5043-1976. Passed 10-19-76.)
509.11 DISTURBING THE PEACE.
   (a)   No person shall make or cause to be made by the use of any horn, bell, radio, television, loud speaker or by the operation of any instrument or device, any unreasonably loud, disturbing and unnecessary noises of such a character, intensity and duration as to disturb the peace, and quiet of the City or to be detrimental to the life and health of any individual, and no person shall willfully conduct himself in a noisy, boisterous or other disorderly manner by either words or acts which disturb the good order and quiet of the City.
   (b)   No person shall disturb the good order and quiet of the City by clamors or noises in the night season, by intoxication, drunkenness, fighting, quarreling, wrangling, committing assault, assault and battery, using obscene or profane language in the streets and other public .places to the annoyance of the residents, or otherwise violating the public peace by indecent and disorderly conduct, or by lewd and lascivious behavior, or by threatening or inflicting violence or abuse to the person or property of others.
   (c)   No person shall play or cause to be played any radio, tape player, compact disc player or any other audio system device which emits sound or amplifies sound, in any motor vehicle, at such volume as to disturb the quiet, comfort or repose of any other person or persons or at a volume which is plainly audible to persons other than the occupants of such vehicle.
   (d)   Anyone found to be in violation of this section shall be subject to the penalties set forth below:
      (1)   First offense: misdemeanor of the fourth degree.
      (2)   Second offense: misdemeanor of the third degree.
      (3)   Third offense and subsequent offenses: misdemeanor of the first degree.
(Ord. 7676-1991. Passed 12-17-91.)
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