509.03 DISORDERLY CONDUCT; LOUD NOISES; 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 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 such conduct is likely to provoke violent response;
      (4)   Hindering or preventing the movement of persons on a public street, sidewalk, 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 which serves no lawful and reasonable purpose of the offender;
      (5)   Creating a condition which is physically offensive to persons or which presents a risk of physical harm to persons or property, by any act which serves no lawful and reasonable purpose of the offender.
   (b)   The following acts, among others, are declared to be loud, disturbing and unreasonable noises in violation of this chapter, but such enumerations shall not be deemed to be exclusive, namely:
      (1)   Horns, signaling devices, etc. The sounding of any horn or signaling device on any motor vehicle, motorcycle or other vehicle 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.
         (Ord. 76-1990. Passed 8-20-90.)
      (2)   Radios, phonographs, etc. The using or operating of any radio receiving set, musical instrument, 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. Such operation between the hours of 9:00 p.m. and 7:00 a.m. 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, or such operation between the hours of 7:00 a.m. and 9:00 p.m. in such a manner as to be plainly audible at a distance of 100 feet from the building, structure or vehicle in which it is located, shall be prima facie evidence of a violation of this section. (Ord. 142-1996. Passed 10-21-96.)
      (3)   Loudspeakers, amplifiers for advertising. The using 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.
      (4)   Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor boat or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
      (5)   Shouting. The shouting and crying of peddlers, hawkers, vendors and others which disturb the peace and quiet of the neighborhood.
      (6)   Heavy equipment. The use of heavy earth-moving and construction equipment in close proximity to residential dwellings during the hours of 7:00 p.m. to 7:00 a.m. The above regulations shall apply except in periods of emergency upon permit issued by the Mayor or designee.
         (Ord. 76-1990. Passed 8-20-90; Ord. 153-2021. Passed 12-6-21.)
      (7)   Landscaping equipment. The operation of any powered lawn mower, leaf blower, edger, chainsaw or similar power-driven landscaping equipment within 300 feet of any dwelling before 7:00 a.m. or after 9:00 p.m.
         (Ord. 58-2006. Passed 6-5-06.)
   (c)   No person, while voluntarily intoxicated shall do any 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 were not intoxicated, should know is likely to have such effect on others.
      (2)   Engage in conduct or create a condition which presents a risk of physical harm to himself or another, or to the property of another.
      (3)   Be found in a public place in such condition.
   (d)   When to an ordinary observer a person appears to be intoxicated, it is probable cause to believe such person is voluntarily intoxicated for purposes of subsection (c) hereof.
(Ord. 76-1990. Passed 8-20-90.)
   (e)   Whoever violates any provision of this section is guilty of disorderly conduct, the penalties for which shall be as follows:
      (1)   Violation of subsection (a)(1) hereof is a misdemeanor of the third degree.
      (2)   Violation of subsection (b)(2) hereof is a minor misdemeanor unless the offender has been previously convicted of a violation of this section or Ohio R.C. 2917.11, or if the offender persists in the disorderly conduct after reasonable warning or request to desist, in which case such violation is a misdemeanor of the fourth degree.
      (3)   Violation of any provision of this section other than subsections (a)(1) or (b)(2) is a misdemeanor of the fourth degree, unless the offender persists in the disorderly conduct after reasonable warning or request to desist, in which case such violation is a misdemeanor of the third degree.
         (Ord. 142-1996. Passed 10-21-96.)