Loading...
(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 such 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) hereof does not apply to any person conducting an authorized fire or emergency drill.
(c) Whoever violates this section is guilty of inducing panic, a misdemeanor of the first degree. If inducing panic results in physical harm to any person, economic harm of one thousand dollars ($1,000) or more, if the public place involved in a violation of this section is a school or an institution of higher education, or if the violation pertains to a purported, threatened or actual use of a weapon of mass destruction, inducing panic is a felony and shall be prosecuted under appropriate State law.
(d) Any act that is a violation of this section and any other section of the 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 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 for 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 Municipality as a result of, or in making any response to, the criminal conduct that constituted the violation of this section or Section 509.07, 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 under Ohio R.C. Chapter 3332. (ORC 2917.31)
(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 their 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 (e)(3)D.1. of this section and from which an item or device described in that division may be readily assembled.
(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 such 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, a misdemeanor of the first degree. If a violation of this section results in economic harm of one thousand dollars ($1,000) or more, or 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 and shall be prosecuted under appropriate State law.
(d) Any act that is a violation of this section and any other section of the 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 Ohio R.C. 2911.21.
(2) “Economic harm”and “weapon of mass destruction” have the same meaning as in Section 509.06. (ORC 2917.32)
(a) For purposes of this section, the following definitions shall apply:
(1) “Alarm system” means any assembly of equipment, mechanical or electrical, arranged to signal the occurrence of an unauthorized entry, robbery, medical and/or fire emergency, or any other activity requiring urgent attention and to which the Police Department or Fire Department is expected to respond. “Alarm system” does not include any self contained or battery operated alarm devices such as smoke and carbon monoxide detectors.
(2) “Alarm user” means any person, firm, partnership, association, corporation, company or organization which owns, occupies or has any kind of control over any building, structure or facility wherein an alarm system is maintained.
(3) “False alarm” means the activation of an alarm system through mechanical failure, malfunction, improper installation, carelessness or negligence of the owner or lessee of an alarm system or of his employees or agents. “False alarm” does not include any activation caused by a factor not within the control of the alarm user or by force majeure.
(b) Upon the occurrence of a first false alarm within a single calendar year, the Chief of Police/Service Director shall notify the alarm user by regular mail or hand delivery of the receipt of the first false alarm and instruct the alarm user to service the alarm system or properly instruct employees, agents or residents in its proper use and function. Upon receipt of a second false alarm within a single calendar year, the Chief of Police/Service Director shall notify the alarm user by regular mail or hand delivery of the receipt of the second false alarm, with a warning that further false alarms will result in the imposition of a fine.
(c) No alarm user, who has been notified in accordance with subsection (b) hereof that the alarm system of a particular structure, building or facility has emitted two false alarms within a single calendar year, shall permit any future false alarms to be emitted during the calendar year. Each additional false alarm in a calendar year after two false alarms shall be a separate and distinct offense.
(d) Whoever violates subsection (c) may be fined in the following manner and ordered to correct the source of the recurring false alarms:
(1) Up to one hundred dollars ($100.00) for each false alarm from the third to the sixth false alarm in a single calendar year.
(2) Up to two hundred fifty dollars ($250.00) for each false alarm for the seventh and each successive false alarm in a single calendar year.
(Ord. 2001-2. Passed 3-26-01.)
(a) Definitions. For purposes of this section, the following terms shall be defined as follows:
(1) “Sound generating or sound amplifying device” means any radio, television, phonograph, tape player, record player, loud speaker, stereo system speaker, music player, digital tape player, disc player, audio system, musical instrument, or any machine or device which produces sound received through or from any form of broadcast, or any form of machine or device which reproduces sound which is recorded on any medium.
(2) “Motor vehicle” shall mean and include not only motor vehicles, but also emergency vehicles, public safety vehicles, school buses, commercial tractor, agricultural tractor, truck, bus and trailer as defined in Ohio R.C. 4511.01 or its successor.
(3) “Sound” shall include any kind or type of humanly audible stimulus, and with respect to musical sound, shall include not only the vocalized word, but shall include the musical treble and bass components of such music and the audible response produced by either of these components.
(4) “Person” shall be the owner, operator of a motor vehicle, person in possession of premises, person in control of premises by reason of employment, agency or otherwise, whether such ownership, possession or control is exclusive or joint, or person operating or otherwise in control or possession of a sound generating or amplifying device or other tool or instrument producing the sound or noise in question.
(b) No owner or operator of a motor vehicle or person in the physical control of a motor vehicle shall play, cause to be played, or permit to be played, any sound generating or sound amplifying device located within or upon such motor vehicle at such a level, volume, frequency or intensity that the sound emitted from the motor vehicle can be heard by a person of reasonable sensibilities at a distance of 100 feet or more. In emitting such sounds, words or phrases need not be discernible, and the motor vehicle may be stopped, standing, parked or moving on a street, highway, alley, parking lot or driveway.
(c) No person shall generate or permit to be generated unreasonable noise or loud sound that is likely to cause inconvenience or annoyance to persons of ordinary sensibilities by reason of a sound amplifying device, or by the operation of any tools, machinery or equipment. It shall be a prima facie case that this section is being violated if either of the following occur:
(1) Between the hours of 10:00 p.m. and 7:00 a.m. the following day, if the sound is audible more than 100 feet from the property line of the property from which the source of the sound emanates, or if the sound can be heard upon the adjacent property at a distance of more than 100 feet from the source of the sound. In enforcing this section, the officer shall make a good faith effort to determine the property line without the need to formally survey the property in question;
(2) On private property in a residentially zoned area, regardless of existing non-conforming uses, conditionally permitted uses or variances, at any time of day, if the sound is audible more than 100 feet from the property line of the property from which the source of the sound emanates, or if the sound can be heard upon the adjacent property at a distance of more than 100 feet from the source of the sound. In enforcing this section, the officer shall make a good faith effort to determine the property line without the need to formally survey the property in question.
(d) The following uses and activities shall be exempt from the noise level regulation set forth herein:
(1) Noises of warning and alarm devices, safety signals and emergency pressure relief valves;
(2) Noises resulting from any authorized emergency vehicle when responding to an emergency call or acting in time of emergency;
(3) Noises resulting from any work made necessary to restore property to a safe condition, or work required to protect persons or property from an imminent exposure to danger;
(4) Any other noise resulting from activities of a temporary duration permitted by law or for which a license or permit therefore has been granted by the City;
(5) Noises resulting from the normal use of churches, schools, athletic fields, parks and auditoriums.
(e) Whoever violates this section is guilty of generating an unreasonable noise, a minor misdemeanor. If the offender persists in generating or permitting to be generated unreasonable noise, after reasonable warning or request to desist, generating unreasonable noise is a misdemeanor of the fourth degree. On a second offense within one year after the first offense, such person is guilty of a misdemeanor of the fourth degree. On each subsequent offense within one year after the first offense, such person is guilty of a misdemeanor of the third degree.
(Ord. 2001-10. Passed 9-27-01.)
(a) For the purposes of this section, the following terms shall be defined as set forth below:
(1) “Panhandle” and “Panhandling” mean to make any request in person while in a public place, for an immediate grant of money, goods or any other form of gratuity from another person(s), or to engage in such activity on private property.
However, the terms “panhandle” and “panhandling” shall not mean the act of passively standing or sitting with a sign or other indicator that a donation of money, goods or any other form of gratuity is being sought without any vocal request other than a response to an inquiry by another person.
(2) “Public place” means a publicly owned building and premises appurtenant thereto, any public park, sidewalk or other right of way open to the general public and includes alleys, bridges, buildings, driveways, parking lots, parks, plazas, skywalks and street.
(b) It is unlawful for any person to panhandle in the following places:
(1) In any public transportation vehicle or at any bus stop;
(2) Within 20 feet in any direction from an automatic teller machine or entrance to a bank;
(3) From any operator or occupant of a motor vehicle or from any person entering or exiting a motor vehicle;
(4) Within 20 feet of any crosswalk;
(5) From a person standing in line waiting to be admitted to a commercial establishment; or
(6) On private property without prior, express permission from the owner.
(c) It is unlawful for any person to panhandle after sunset or before sunrise. The times of sunset and/or sunrise shall be as published by the United States Naval Observatory.
(d) It is unlawful for any person to panhandle in an aggressive manner, including any of the following actions:
(1) Panhandling in a manner that impedes access to or from, or use of a building, vehicle or establishment;
(2) Panhandling in a manner that would alarm, intimidate, threaten, menace, harass, or coerce a reasonable person;
(3) By following behind, ahead or alongside, blocking the path or, continuing to solicit a person who walks or drives away for the person soliciting or who gives notice or demonstrates verbally or physically that such solicitation is offensive, unwelcome or that the solicitation should cease;
(4) By using profane or abusive language or gestures either during the solicitation or following a refusal, or making any statement, gesture or other communication that would cause a reasonable person to be fearful or would be perceived as a threat; or
(5) By touching the solicited person without a statement, gesture or other communication that the person being solicited consents to the touching.
(e) It is unlawful for any person to knowingly make a false or misleading representation in the course of panhandling for a donation. False or misleading representations include, but are not limited to the following:
(1) Stating that the donation is needed to meet specific need, when the person soliciting already has sufficient funds to meet that need and does not disclose that fact;
(2) Stating that the donation is needed to meet a need that does not exist;
(3) Stating that the person panhandling is from out of town and stranded, or that he or she is homeless when that is not true;
(4) Stating or representing that the person panhandling is a member of a military service when the person panhandling is neither a present nor a former member of a military service;
(5) Stating or representing that the person panhandling suffers from a mental or physical disability or deformity when the person soliciting does not suffer the disability or deformity indicated.
(f) Each section and each part of each section of this ordinance is hereby declared to be an independent section and part of a section and, notwithstanding any other evidence of legislative intent, that if any section or part of a section, or any provision thereof, or the application thereof to any person or circumstances, is held to be invalid, the remaining sections or parts of sections and the application of such provision to any other person or circumstances, other than those to whom it is held invalid, shall be affected thereby, and it is hereby declared to be the legislative intent that the provisions of this ordinance would have been adopted independently of such section, sections or parts of a section so held invalid.
(g) Whoever violates this section is guilty of a misdemeanor of the fourth degree.
(Ord. 2007-5. Passed 4-23-07.)
(a) No person, without privilege to do so, shall recklessly obstruct any highway, street, sidewalk, or any other public passage in such a manner as to render the highway, street, sidewalk, or passage impassable without unreasonable inconvenience or hazard if both of the following apply:
(1) The obstruction prevents an emergency vehicle from accessing a highway or street, prevents an emergency service responder from responding to an emergency, or prevents an emergency vehicle or an emergency service responder from having access to an exit from an emergency.
(2) Upon receipt of a request or order from an emergency service responder to remove or cease the obstruction, the person refuses to remove or cease the obstruction.
(b) Subsection (a) of this section does not limit or affect the application of Ohio R.C. 2921.31 or any other section of the Ohio Revised Code. Any conduct that is a violation of subsection (a) of this section and that also is a violation of Ohio R.C. 2921.31 or any other section of the Ohio Revised Code may be prosecuted under this section, the other section of the Ohio Revised Code or both sections.
(c) Whoever violates this section is guilty of unlawfully impeding public passage of an emergency service responder, a misdemeanor of the first degree.
(d) As used in this section, “emergency service responder” has the same meaning as in Ohio R.C. 2903.13. (ORC 2917.14)