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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 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 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 NOISE DISTURBANCES.
   (a)   No person shall unreasonably make or continue, or cause to be made or continued, or permit, any noise disturbance.
   (b)   As used in this section, "noise" means any sound which annoys or disturbs persons or which causes or tends to cause an adverse psychological or physiological effect on persons. "noise disturbance" means any sound which:
      (1)   Endangers or injures the safety or health of persons or animals;
      (2)   Annoys or disturbs a reasonable person of normal sensibilities; or
      (3)   Endangers or injures personal or real property.
(Ord. 86-31. Passed 2-3-86.)
   (c)   The following acts, and the causing or permitting thereof, are hereby declared to be violations of this section, but such enumerations are neither deemed to be exclusive of nor limited to:
      (1)   Radios, television sets, musical instruments, and similar devices which produce, reproduce, or amplify sound in such a manner or which such volume as to annoy or disturb the peace, quiet, comfort or repose of persons where such a noise is plainly audible at a distance of more than fifty feet within the city from 12:00 p.m. midnight until 8:00 a.m. For the purpose of this subsection, "plainly audible" means any sound which clearly can be heard, by unimpaired auditory senses based on a direct line of sight of fifty or more feet, however, words or phrases need not be discernible and said sound shall include bass reverberation.
      (1A)   Radios and sound-producing devices such as "boom boxes".
         A.   No person shall play any radio, music player such as a "boom box", tape cassette, disc player, television, audio system, musical instrument or any other type of sound device upon any public road, street, highway or private property within the City in a manner or at a volume as to disturb the peace, quiet, comfort or repose of other persons. An exception is made for organized events which have received a valid permit from the City as set forth in Section 311.02 of the Traffic Code and any other applicable section.
         B.   No person shall play any radio, music player such as a "boom box", tape cassette, disc player, television, audio system, musical instrument or any other type of sound device in a manner or at a volume as to disturb the peace, quiet, comfort or repose of neighboring inhabitants or at a volume which is plainly audible to persons other than those who are in the room in which such device or instrument is played and who are voluntary listeners thereto.
         C.   No person shall play any radio, music player or audio system in a motor vehicle at such volume as to disturb the peace, quiet, comfort or repose of other persons or at a volume which is plainly audible to persons other than the occupants of said vehicle.
      (2)   Animals and birds. Keeping any bird or animal which, by causing frequent or long continued noise, disturbs the comfort and repose of any person in the vicinity, where such noise can be distinctly heard at a distance of more than fifty feet from its source;
      (3)   Signal devices. Sounding of any horn, bell or other signal or warning device on any motor vehicle, motorcycle, bus or other vehicle in such a manner as to create a noise disturbance, except as a danger or warning signal;
      (4)   Vehicles. Using or operating any motorcycle or other vehicle so out of repair, so loaded or in such a manner as to create loud or unnecessary grating, grinding, rattling or other noise so as to cause a noise disturbance;
      (5)   Vehicle or motorboat repairs and testing. Repairing, rebuilding, modifying or testing of any motor vehicle, motorcycle, motorized vehicle or motorboat in such a manner as to cause a noise disturbance across a residential real property boundary;
      (6)   Loading and unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans or similar objects in such a manner as to cause a noise disturbance across a residential real property boundary;
      (7)   Heavy vehicles; racing engines. Operating or permitting the operation of any motor vehicle with a gross weight rating in excess of 10,000 pounds, or any auxiliary equipment attached to such vehicle, for longer than five minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion, except while loading and unloading perishables, where such noise creates a noise disturbance across a residential real property boundary; or racing the motor of any vehicle unnecessarily or operating any motor vehicle, except in an emergency, in such a manner that the vehicle is so rapidly accelerated or started from a stopped position that the exhaust system emits a loud, cracking or chattering noise unusual to its normal operation, or whereby the tires of such vehicle squeal or leave tire marks on the pavement or other surface, commonly known as "peeling";
      (8)   Construction. Operating or permitting the operation of any tools, other than domestic power tools, or equipment used in construction, drilling or demolition work, between 8:00 p.m. and 7:00 a.m. of the following day, such that the sound creates a noise disturbance across a residential real property boundary, except for emergency work of public service utilities or by a special permit by the Safety- Service Director's office;
      (9)   Domestic power tools. Operating or permitting the operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool, lawnmower or similar device used outdoors, other than powered snow removal equipment, in residential areas between 8:00 p.m. and 8:00 a.m. of the following day; and
      (10)   Vibration. Operating or permitting the operation of any device that creates vibration which is above the vibration perception threshold of any individual at or beyond the property boundary of the source. For the purpose of this section, "vibration perception threshold" means the minimum ground or structure-born vibrational motion necessary to cause a normal person to be aware of the vibration by direct means, such as, but not limited to, sensation by touch or visual observation of moving objects.
(Ord. 92-146. Passed 7-13-92; Ord. 2001-171. Passed 10-1-01.)
   (d)   This section shall not apply to the emission of sound for the purpose of alerting persons to the existence of an emergency, or to the emission of sound in the performance of emergency work. Noncommercial public speaking and public assembly activities conducted on any public space or public right of way are also exempt from this section.
(Ord. 86-31. Passed 2-3-86.)
   (e)   Whoever willfully or knowingly violates any of the provisions of this section for which no penalty is otherwise provided, is guilty of a minor misdemeanor. Whoever willfully or knowingly persists in violating any of the provisions of this section, for which no penalty is otherwise provided, is guilty of a misdemeanor of the fourth degree. A separate offense shall be deemed committed each day, or part thereof, during or on which a violation occurs or continues.
      (1)   Whoever violates paragraph (c)(1A)A., B. or C. hereof shall, upon a first offense, be fined seventy-five dollars ($75.00), which fine shall not be suspended, waived or otherwise reduced below that amount. In addition the equipment or device used in the commission of a violation of paragraph (c)(1A)A., B. or C. hereof may be seized and held as evidence. After disposition of any charges thereunder, said equipment or devices shall be returned to the owner thereof. In the case of any violation of paragraphs (c)(1A)C. and (4) through (11) hereof, the arresting or citing officer may cause said vehicle or equipment to be towed, impounded or stored and held for a period not to exceed twenty-four hours; and the owner of any such vehicle or equipment so towed, impounded, stored or held may, upon proof of ownership and payment of towing charges and any accrued storage charges, regain possession of such vehicle or equipment.
      (2)   In addition to any other method of enforcement provided for in this chapter, paragraphs (c)(1A)A., B. and (4) through (11) hereof may be enforced by the issuance of a citation in compliance with Rule 4.1 of the Ohio Rules of Criminal Procedure, and paragraph (c)(1A)C. hereof may be enforced by the issuance of an Ohio Uniform Traffic Ticket in compliance with the Ohio Traffic Rules promulgated by the Ohio Supreme Court pursuant to Ohio R.C. 2935.17 and 2937.46.
      (3)   Whoever violates paragraph (c)(1A)A., B. or C. hereof within thirty-six hours of having been charged with a first offense thereof or within thirty-six hours of having been warned by a police officer to desist from violating one of those sections is guilty of a misdemeanor of the third degree.
      (4)   Whoever violates paragraph (c)(1A)A., B. or C. hereof shall, upon any subsequent offense, be fined not less than one hundred dollars ($100.00) and not more than five hundred dollars ($500.00).
      (5)   Each day upon which a violation occurs or continues shall be a separate offense and punishable as such hereunder.
(Ord. 92-146. Passed 7-13-92; Ord. 2003-203. Passed 12-1-03.)
509.09 CURFEW.
   (a)   No person having the control and custody of, or being the parent or guardian of, a minor under the age of eighteen years, shall permit such minor to remain away from the minor's residence or on unenclosed lands during the following times:
      (1)   Minors age fifteen years and under, after 11:00 p.m. and before 6:00 a.m. of the following day, seven days a week;
      (2)   Minors age sixteen and seventeen years, after 11:00 p.m. and before 6:00 a.m. of the following day, Sunday through Thursday; and
      (3)   Minors age sixteen and seventeen years, after 1:00 a.m. and before 6:00 a.m. of the following day, Saturday (Friday night) and Sunday (Saturday night).
(Ord. 2000-170. Passed 9-5-00.)
   (b)   The restrictions set forth in subsection (a) hereof shall not apply to minors on an emergency errand or on legitimate business, such as the delivery of newspapers or returning home from work.
   (c)   In the event that any school, church, lodge or other organization within the City sponsors a function attended by minors within the age limitations set forth in this section, and such minors will be dismissed from such functions at an hour later than provided in this section, such school, church, lodge or other organization shall first obtain the approval of the Police Chief or authorized personnel to have minors remain to the time when the entertainment or function will end. Minors attending such functions or entertainment shall be required to be at home and off the streets, sidewalks, public places, places of amusement and entertainment and unenclosed lands within the City within thirty minutes after such entertainment or function has ended.
   (d)   Whoever violates this section is guilty of curfew violation, a minor misdemeanor.
(Ord. 89-2. Passed 1-3-89.)
509.10 INCITING TO VIOLENCE.
   (a)   No person shall knowingly engage in conduct designed to urge or incite another to commit any offense of violence when either of the following apply:
      (1)   The conduct takes place under circumstances that create a clear and present danger that any offense of violence will be committed.
      (2)   The conduct proximately results in the commission of any offense of violence.
   (b)   Whoever violates this section is guilty of inciting to violence. If the offense of violence that the other person is being urged or incited to commit is a misdemeanor, inciting to violence is a misdemeanor of the first degree. If the offense of violence that the other person is being urged or incited to commit is a felony, inciting to violence is a felony to be prosecuted under appropriate State law.
(ORC 2917.01)
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