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(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)
(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 five hundred dollars ($500.00) 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 and if the violation results in economic harm, 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) "School" means any school operated by a board of education or any school for which the State Board of Education 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.
(5) "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)
(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.
(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 five hundred dollars ($500.00) 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, "economic harm" and "weapon of mass destruction" have the same meaning as in Ohio R.C. 2917.31.
(ORC 2917.32)
(a) The Mayor may, in case of riot, looting, insurrection or other civil disturbance, or when there is clear and present danger of riot, looting, insurrection or other civil disturbance, proclaim in writing a state of emergency.
(b) As part of such proclamation or by subsequent written order after such proclamation is issued, the Mayor may, in his or her discretion as he or she believes necessary to the public safety:
(1) Delineate the boundaries of any area threatened by riot, looting, insurrection or other civil disturbance and restrict or prohibit the movement of persons or vehicles into, from or within such area;
(2) Establish a curfew within such area and prohibit persons from being out of doors during such curfew;
(3) Prohibit the sale, offering for sale, dispensing and transportation of firearms and other deadly weapons, ammunition, dynamite and other dangerous explosives, incendiary devices and any necessary ingredient thereof; and
(4) Issue reasonable regulations to suppress such riot, looting, insurrection or other civil disturbance or to protect persons or property from harm by reason of such riot or insurrection.
(c) When the danger from riot, looting, insurrection or other civil disturbance has passed, the Mayor shall forthwith make proclamation that the emergency has ended and any proclamation, order or regulation issued pursuant to this section shall then become void.
(d) The powers conferred by this section are in addition to any other powers which may be conferred by law and nothing in this section shall be construed to modify or limit the authority, powers, duties or responsibilities of any officer or public official, as may be provided by law. Nothing in this section shall be construed to permit suspension of the right to a writ of habeas corpus.
(Ord. 54-1969. Passed 3-3-69.)
(e) No person shall violate or fail to comply with any regulation or order made pursuant to this section.
(f) Whoever violates division (e) hereof is guilty of a misdemeanor of the first degree and shall be subject to the penalty provided in Section 599.02.
(a) No person shall make, continue or cause to be made any excessive noise, as defined in Section 545.13, or any unreasonably loud, disturbing or unnecessary noise of such character or duration as to disturb the peace and quiet of the community or any resident thereof, in particular between the hours of 11:00 p.m. and 7:00 a.m. of the following day, Monday through Friday; between the hours of 11:00 p.m. Friday and 8:00 a.m. Saturday, except that on Saturdays following national holidays the hours shall be 11:00 p.m. Friday to 7:00 a.m. Saturday; and between the hours of 11:00 p.m. Saturday and 9:00 a.m. Sunday.
(b) The following acts or the resulting noises, among others, are declared to be loud noises or noises of such character or for such duration so as to be a violation of this section, but such enumeration shall not be deemed to be exclusive:
(1) The sounding of any horn, bell or other signal or warning device on any automobile, motorcycle, bus or other vehicle, except as a danger or warning signal. Such sounding shall not be unreasonably loud or harsh or continued for an unnecessary length of time.
(2) The playing of any radio, phonograph, car stereo or any musical instrument in such a manner or with such volume, particularly during the hours between 11:00 p.m. and 7:00 a.m. of the following day, Monday through Friday, 11:00 p.m. and 8:00 a.m. on Saturday, and 11:00 p.m. and 9:00 a.m. on Sunday, as to annoy or disturb the quiet, comfort or repose of persons in the same or any other dwelling, hotel or other type of residence. Any such noise that can be distinctly heard at a distance of more than 100 feet from its source shall be deemed excessive.
(3) The keeping of any animal or bird which, by causing frequent or long, continued noise, shall disturb the comfort and repose of any person in the vicinity. Any such noise that can be distinctly heard at a distance of more than 100 feet from its source shall be deemed excessive.
(4) The use of any automobile, railroad car, engine, motorcycle or vehicle so out of repair, so loaded, or in such a manner, as to create loud or unnecessary grating, bumping, grinding, rattling or other noise;
(5) The blowing of any steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work or as a warning of danger, or the use of steam under pressure for cleaning purposes in any establishment between the hours of 10:00 p.m. and 7:00 a.m. of the following day, Monday through Friday; 10:00 p.m. and 8:00 a.m. on Saturday; and 10:00 p.m. and 9:00 a.m. on Sunday, when the windows of such establishment are open;
(6) The unreasonable discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor vehicle, motor boat engine or motor;
(7) The use of any mechanical device operated by compressed air unless the noise created thereby is effectively muffled and reduced;
(8) The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers within a residential area or in an area abutting a residential area;
(9) The sounding of any bell or gong attached to any building or premises which disturbs the quiet and repose of persons in the vicinity;
(10) The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention, by creating noise, to any performance, show, sale or display of merchandise, except where a specific permit is received from the Chief of Police pursuant to a written application setting forth the necessary and urgency of such permit, which permit shall only be issued when the Chief of Police is satisfied that the issuance of such permit is necessary and will not result in any unnecessary and unseemly noise to the detriment of the health or comfort of any individual;
(11) The operation of a mechanical device or the use of a loudspeaker in the open which annoys or disturbs the quiet, comfort or repose of any person or persons on their premises. Any such noise that can be distinctly heard at a distance of more than 150 feet from its source shall be deemed excessive.
(12) The bumping of railroad cars or their operation in such a manner as to create loud or unnecessary noise between the hours of 9:00 p.m. and 7:00 a.m. of the following day, Monday through Friday, 9:00 p.m. and 8:00 a.m. on Saturday, and 9:00 p.m. and 9:00 a.m. on Sunday, on land adjoining a residential area.
(Ord. 260-1957. Passed 11-18-57; Ord. 251-1988. Passed 11-21-88; Ord. 167-1994. Passed 6-20-94; Ord. 253-1994. Passed 10-17-94.)
(c) Whoever violates any of the provisions of this section is guilty of a misdemeanor of the first degree and shall be subject to the penalty provided in Section 599.02.
In case of a refusal by the Chief of Police to issue a permit as set forth in Section 545.10(a)(10), the applicant may appeal from such action to a Board of Appeals composed of the Director of Public Safety, the President of Council and the Finance Director, or any officer who may be delegated to act for the foregoing officers or any one of them. Notice of such appeal shall be in writing and shall be filed with the Director of Public Safety within three days after the making of the order refusing such permit. Such Board of Appeals shall fix the time for the hearing of such appeal, at which hearing all parties interested shall be afforded an opportunity to be heard, and such Board of Appeals shall approve, modify or annul such order from which the appeal has been perfected and the findings of such Board of Appeals shall be conclusive on all parties thereto.
(Ord. 7902. Passed 8-21-44.)
(a) No person, by himself or herself or by the operation of any instrument, device, agency or vehicle, shall make any unnecessary or unseemly noise within 150 feet of any portion of the grounds and premises on which is located a hospital or other institution reserved for the sick, aged or infirm, or within 150 feet of any school, courthouse, church or building in which religious services are held, during school hours or hours of public worship, or hours of holding court, respectively. The area within 150 feet of a hospital, school, courthouse or church shall be officially known as a "zone of quiet" and the Police Chief shall place signs within such zones of quiet calling attention to the prohibition against unnecessary noise.
(Ord. 7902. Passed 8-21-44.)
(b) Whoever violates any of the provisions of this section is guilty of a misdemeanor of the first degree and shall be subject to the penalty provided in Section 599.02.
(a) "Excessive noise," as used in this chapter, means any noise, or combination of noises, emanating from any source at a decibel level exceeding that herein described for each designated zoning specification, as follows:
Zoning Designation of the Property on on Which the Noise Source is Located | Maximum Decibel Level Permitted |
U1, U2 | 55 |
All U3 and ASF Districts | 55 |
U4, U5, all R Districts | 65 |
U6, U7, U8 | 70 |
(b) "Decibel," as used in this section, means the unit for measuring the volume of sound, equal to twenty times the base ten logarithm of the ratio of the measured pressure of a particular sound over a reference pressure of twenty micropascals (twenty micronewtons per square meter).
(Ord. 166-1994. Passed 6-20-94.)
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