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Lima Overview
Lima, OH Code of Ordinances
CODIFIED ORDINANCES OF LIMA, OHIO
CHARTER OF THE CITY OF LIMA, OHIO
PART TWO - ADMINISTRATION CODE
PART FOUR - TRAFFIC CODE
PART SIX - GENERAL OFFENSES CODE
PART EIGHT - BUSINESS REGULATION AND TAXATION CODE
PART TEN - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART TWELVE - PLANNING AND ZONING CODE
PART FOURTEEN - BUILDING AND HOUSING CODE
PART SIXTEEN - FIRE PREVENTION CODE
PART EIGHTEEN - PROPERTY MAINTENANCE CODE
PART TWENTY - NUISANCE ABATEMENT
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§ 648.04 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 an 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 that 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 that serves no lawful and reasonable purpose of the offender;
      (5)   Creating a condition that is physically offensive to persons or that presents a risk of physical harm to persons or property, by any act that serves no lawful and reasonable purpose of the offender.
   (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 or she were not intoxicated, should know is likely to have that effect on others;
      (2)   Engage in conduct or create a condition that presents a risk of physical harm to himself, herself 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 division (b) of this section.
   (d)   If a person appears to an ordinary observer to be intoxicated, it is probable cause to believe that the person is voluntarily intoxicated for purposes of division (b) of this section.
   (e)   Whoever violates this section is guilty of disorderly conduct.
      (1)   Except as otherwise provided in division (e)(2) of this section, disorderly conduct is a minor misdemeanor.
      (2)   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.
   (f)   For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      (1)   “Committed in the vicinity of a school.” Has the same meaning as in R.C. § 2925.01.
      (2)   “Emergency facility.” Has the same meaning as in R.C. § 2909.04.
      (3)   “Emergency facility person.” The singular of “emergency facility personnel” as defined in R.C. § 2909.04.
      (4)   “Emergency medical services person.” The singular of “emergency medical services personnel” as defined in R.C. § 2133.21.
(R.C. § 2917.11)
§ 648.05 DISTURBING A LAWFUL MEETING.
   (a)   No person, with purpose to prevent or disrupt a lawful meeting, procession or gathering, shall do either of the following:
      (1)   Do any act which obstructs or interferes with the due conduct of the meeting, procession or gathering.
      (2)   Make any utterance, gesture or display which outrages the sensibilities of the group.
   (b)   Whoever violates this section is guilty of disturbing a lawful meeting, a misdemeanor of the fourth degree.
(R.C. § 2917.12)
§ 648.06 MISCONDUCT AT AN EMERGENCY.
   (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)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      (1)   “Emergency facility.” Has the same meaning as in R.C. § 2909.04.
      (2)   “Emergency facility person.” The singular of “emergency facility personnel” as defined in R.C. § 2909.04.
      (3)   “Emergency medical services person.” The singular of “emergency medical services personnel” as defined in R.C. § 2133.21.
(R.C. § 2917.13)
§ 648.07 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 $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)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      (1)   “Biological agent.” Has the same meaning as in R.C. § 2917.33.
      (2)   “Economic harm.” 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 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 R.C. § 2133.21.
      (4)   “Institution of higher education.” Any of the following:
         A.   A state university or college as defined in 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 Ohio Board of Regents 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 R.C. Chapter 3332.
      (5)   “School.” Any school operated by a board of education or any school for which the State Board of Education 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.” 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.
(R.C. § 2917.31)
§ 648.08 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)   Handle, meddle with, operate or attempt to operate any box alarm call or other contrivance constituting a part of the fire alarm system of the City except in case of an actual fire or other circumstance requiring the services of the Fire Department. (1956 Code Sec. 941.04)
   (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 $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, “economic harm” and “weapon of mass destruction” have the same meaning as in R.C. § 2917.31.
(R.C. § 2917.32)
§ 648.09 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.
(R.C. § 2917.01)
§ 648.10 CIVIL EMERGENCY.
   (a)   Definitions. As used in this section:
      (1)   "Civil emergency" means:
         A.   A tumult, riot, mob or body of people acting together with the intent to commit or facilitate the commission of a felony or a misdemeanor, to do or offer violence to person or property or, by force and violence, to break or resist the law.
         B.   Any natural disaster or man-made calamity, including flood, conflagration, cyclone, tornado, blizzard, earthquake or explosion within the corporate limits of the City, which results in the death or injury of any person or the destruction of property, or which substantially impairs the functioning of the City government to such an extent that extraordinary measures must be taken to protect the public health, safety and welfare.
      (2)   "Curfew" means a prohibition against any person walking, running, loitering, standing or motoring upon any alley, street, highway, public property or vacant premises within the corporate limits of the City, except persons officially designated to duty with reference to such civil emergency.
   (b)   Proclamation of civil emergency. When there is, in the opinion of the Mayor, a civil emergency, or a reasonable apprehension thereof, he is hereby authorized and directed to forthwith proclaim in writing the existence of such civil emergency and shall publish such proclamation by use of the newspapers and radio and television facilities of the City to the residents of the City.
   (c)   Authority to order curfew. When a state of emergency has been proclaimed, as provided in division (d) of this section, the Mayor may order, in addition to any other provisions of this chapter or of State law, a general curfew applicable to such geographic areas of the City, or to the City as a whole, and applicable to such age groups as the Mayor may specify, as he deems advisable and necessary, during such hours of the day or night as he deems necessary in the interests of the public safety and welfare.
(Ord. 232-68. Passed 9-12-68.)
   (d)   Authority to prohibit weapons.
      (1)   When a state of civil emergency has been proclaimed, as provided in division (b) of this section, the Mayor may order that no person shall carry on or about his person a pistol, rifle, shotgun, knife having a blade two and one-half inches in length or longer, knuckles, a billy club or other dangerous weapon.
      (2)   Such order shall be applicable to such geographic areas of the City, or to the City as a whole, as the Mayor may specify, as he deems advisable and necessary, during such hours of the day or night as he deems necessary in the interests of the public safety and welfare.
(Ord. 244-69. Passed 8-1-69.)
   (e)   Compliance with police orders.
      (1)   No person shall fail to obey any executive order issued pursuant to divisions (b) through (d) of this section and no person shall fail to obey the lawful order of any police officer or militiaman or other authorized person. No person shall in any way purposely or knowingly interfere with any person in the protection or preservation of life or property during the existence of a state of emergency as proclaimed according to the provisions of division (b) of this section.
      (2)   Nothing in this section shall be construed to limit access or deny information to any news media representative with proper identification in the legitimate exercise of his or her duties.
(Ord. 245-69. Passed 8-1-69.)
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