509.03 DISORDERLY CONDUCT.

   (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, which by its very utterance or usage inflicts injury or tends to incite an immediate breach of the peace;

      (3)   Insulting, taunting or challenging another, under circumstances in which such 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 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;

      (6)   Generating or, being the owner or person in possession or control of a vehicle or premises by reason of employment, agency, or otherwise, permitting to be generated unreasonable noise or loud sound which is likely to cause inconvenience or annoyance to persons of ordinary sensibilities by means of a radio, phonograph, television, tape player, loudspeaker or any other sound amplifying device or by any horn, drum, piano or other musical or percussion instrument.

         A.   It is prima facie unlawful for a person to generate or permit to be generated sound by the above described devices or instruments in the following circumstances:

            1.   On public and private property between the hours of 9:00 p.m. and 8:00 a.m. of the following day in a predominantly residential area where the sound is audible more than 80 feet from the property line of the property on which the source of the sound is located;

            2.   While operating a motor vehicle playing or allowing to be played any radio, music player or audio system at a volume which is plainly audible to persons other than the occupants of said vehicle or if the sound is audible to any person outside the limits of the roadway upon which the vehicle is operating or located; or, if the vehicle is not operating or located upon a roadway, either the sound is audible to any person not on the property upon which the vehicle is located or operating, or the sound is audible to any person more than 30 feet from the vehicle.

         B.   The following are exempted from the prohibitions of this section:

            1.   Warning and alarm devices which have the purpose of signaling unsafe or dangerous situations or calling for police used for such purposes.

            2.   Shows and exhibitions for which a permit has been obtained pursuant to Chapter 753, parades for which a permit has been obtained pursuant to Section 311.02 of the Traffic Code, and live outdoor musical or theatrical performances or concerts conducted under the auspices of or on property owned by any educational, charitable, governmental or religious organization or live outdoor musical or theatrical performances or concerts conducted at any outdoor entertainment facility where such use is legal under the Zoning Code.

   (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 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.

   (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 subsection (b) hereof.

   (d)   If a person appears to an ordinary observer to be intoxicated, it is probable cause to believe that person is voluntarily intoxicated for purposes of subsection (b) hereof.

   (e)   (1)   Whoever violates this section is guilty of disorderly conduct.

      (2)   Except as otherwise provided in subsections (e)(3) and (e)(4), disorderly conduct is a minor misdemeanor.

      (3)   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.

      (4)   If an offender previously has been convicted of or pleaded guilty to three or more violations of subsection (b) of this section, a violation of subsection (b) of this section is a misdemeanor of the fourth degree.

   (f)   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.

      (4)   “Committed in the vicinity of a school” has the same meaning as in Ohio R.C. 2925.01. (ORC 2917.11)