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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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§ 648.07 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.)
§ 648.11 LOITERING GENERALLY.
   (a)   No person shall loiter or prowl in any public or private place at a time, in a manner or under circumstances which warrant alarm for the safety of persons or security of property in the surrounding area.
   (b)   Without limitation, the following circumstances may be considered in determining whether such alarm is warranted:
      (1)   The flight of a person upon the appearance of a police officer;
      (2)   Attempted concealment by a person upon the appearance of a police officer; or
      (3)   The systematic checking by a person of doors, windows or other means of access to buildings, houses or vehicles.
   (c)   Unless flight by the actor or other circumstances make it impracticable, a police officer shall, prior to any arrest for an offense under this section, afford the actor an opportunity to dispel any alarm which would otherwise be warranted, by requesting him to identify himself and explain his presence and conduct. No person shall be convicted of an offense under this section if the police officer did not comply with the preceding sentence, or if it appears at trial that the explanation given by the actor was true, and if believed by the police officer at the time, would have dispelled the alarm.
   (d)   For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them:
      (1)   "Loitering" includes the following activities: lingering, hanging around, delaying, sauntering and moving slowly about, where such conduct is not due to physical defects or conditions.
      (2)   "Private place" means and includes places privately owned but open to the public generally, such as shopping centers, retail stores, transportation terminals, movie theaters, office buildings, restaurants and all distinctly private places such as homes or private residences and apartment houses.
      (3)   "Public place" means and includes public streets and alleyways, public restrooms, public sidewalks, public parks, public buildings and Municipal airports.
       (4)   "Surrounding area" means that area easily and immediately accessible to the person under observation.
   (e)   Whoever violates this section is guilty of a minor misdemeanor.
§ 648.12 LOITERING FOR THE PURPOSE OF ENGAGING IN DRUG-RELATED ACTIVITY.
   (a)   No person shall loiter in or near any thoroughfare or place open to the public, or near any public or private place, with the purpose, and in a manner and under circumstances manifesting the purpose, to engage in drug-related activity contrary to any of the provisions of R.C. Chapter 2925 or Chapter 624.
   (b)   Among the circumstances which may be considered in determining whether such purpose is manifested are:
      (1)   Such person is a known unlawful drug user, possessor or seller. For purposes of this chapter, a "known unlawful drug user, possessor or seller" is a person who has, within the knowledge of the arresting officer, been convicted in any court within this state of any violation involving the use, possession or sale of any controlled substance, as defined in § 624.01, or such person has been convicted of any violation of any of the provisions of R.C. Chapter 2925 or Chapter 624 or substantially similar laws of any political subdivision of this state or of any other state.
      (2)   Such person is currently subject to a court order prohibiting his or her presence in a high drug activity geographic area;
      (3)   Such person behaves in such a manner as to constitute reasonable grounds for belief that he or she is about to engage in, or is then engaged in, an unlawful drug-related activity, including, by way of example only, such person acting as a lookout or hailing or stopping cars;
      (4)   Such person is physically identified by the officer as a member of a gang or association which has as its purpose illegal drug activity;
      (5)   Such person transfers small objects, packages or money in a manner as to constitute reasonable grounds for belief that he or she is about to engage in or is then engaged in an unlawful drug-related activity;
      (6)   Such person takes flight or manifestly endeavors to conceal himself or herself upon the appearance of a police officer in order to avoid detection of illegal drug activity;
      (7)   Such person manifestly endeavors to conceal any object which reasonably could be involved in an unlawful drug-related activity;
      (8)   Such person possesses any instrument, article or thing whose customary or primary purpose is for the sale, administration or use of controlled substances such as, but not limited to, crack pipes, push wires, chore boys, hand scales, hypodermic needles, razor blades or other cutting tools;
      (9)   The area involved is by public repute known to be an area of unlawful drug use and trafficking, being an area where there have been a substantial number of contacts made to the Police Department concerning drug activity or where there are a substantial number of drug-related arrests;
      (10)   The premises involved with a person loitering as prohibited herein are known to the defendant to have been reported to law enforcement as a place of drug activity pursuant to R.C. Chapter 2925 or Chapter 624.
      (11)   Any vehicle involved with a person loitering as prohibited herein is registered to a known unlawful drug user, possessor or seller, or a person for whom there is an outstanding warrant for a crime involving drug-related activity.
   (c)   If any provision of this section is held invalid, such invalidity shall not affect any other provision, or the application thereof, which can be given effect without the invalid provision or application, and to this end the provisions of this section are declared to be severable.
   (d)   Whoever violates this section is guilty of loitering for the purpose of engaging in drug- related activity, a misdemeanor of the fourth degree.
(Ord. 236-91. Passed 10-21-91.)
§ 648.13 LOITERING FOR THE PURPOSE OF ENGAGING IN OR SOLICITING SEXUAL ACTIVITY FOR HIRE.
   (a)   No person shall loiter or remain in a public place for the purpose of engaging, or soliciting another person to engage, in sexual activity for hire. The circumstances which may be considered in determining whether such purpose is manifested are as follows: In conjunction with any overt acts described herein, such person is a known prostitute or panderer; or such person repeatedly beckons to, stops or attempts to stop passers-by, or engages passers-by in conversation, or repeatedly stops or attempts to stop motor vehicle operators by hailing, by waiving his or her arms, by maintaining sustained eye contact with the motor vehicle operator or a passenger therein or by any other bodily gesture; or such person manifests a discernible pattern of conduct of stopping motor vehicles or persons for the purpose of engaging, or soliciting another person to engage, in sexual activity for hire.
   (b)   No arrest shall be made for a violation of this section unless the arresting officer, by direct demand, first affords such person an opportunity to explain such conduct.
   (c)   No person shall be convicted of a violation of this section if it appears at trial that the explanation tendered was true and disclosed a lawful purpose.
   (d)   As used in this section:
      (1)   "Known prostitute or panderer" means a person who, within two years previous to the date of arrest for a violation of this section, has, within the knowledge of the arresting officer, been convicted of violating any ordinance of the City, statute of the state or statute of any other state defining and punishing acts of soliciting, committing, or offering or agreeing to commit, prostitution.
      (2)   "Loitering" means remaining idle in essentially one place. The word includes the concepts of spending time idly, loafing or walking about aimlessly.
      (3)   "Public place" means an area that is publicly owned or to which the public has access.
      (4)   "Sexual activity" means sexual conduct or sexual contact, or both, as defined in § 666.01.
   (e)   Whoever violates this section is guilty of a misdemeanor of the fourth degree.
(Ord. 235-91. Passed 10-21-91.)
§ 648.14 UNLAWFUL CONGREGATION.
   (a)   No group of three or more persons shall assemble and congregate upon any street, sidewalk, park or other way within the corporate limits for the purpose of holding a public meeting or, being assembled, shall hold a public meeting upon any sidewalk, street, park or other public way without first obtaining a permit to do so from the Mayor.
(1956 Code Sec. 981.07)
   (b)   Whoever violates this section is guilty of a minor misdemeanor.
§ 648.15 CURFEW.
   (a)   Minors under 13. Persons under the age of 13 shall not be upon any public street, alley, park, sidewalk or any other public place during the following times unless accompanied by a parent, lawful guardian or other adult person having care or control of the minor with the consent of the parent or lawful guardian:
      (1)   Between the hours of 7:00 p.m. and 6:00 a.m. of the following day, Sunday through Thursday, from September 1 through May 31.
      (2)   Between the hours of 9:00 p.m. and 6:00 a.m. of the following day, Friday and Saturday, from September 1 through May 31.
      (3)   Between the hours of 9:00 p.m. and 6:00 a.m. of the following day, Sunday through Saturday, from June 1 through August 31.
   (b)   Minors 13 to 15. Persons age 13 to and including age 15 shall not be upon any public street, alley, park, sidewalk or any other public place during the following times unless accompanied by a parent, lawful guardian or other adult person having care or control of the minor with the consent of the parent or lawful guardian:
      (1)   Between the hours of 8:00 p.m. and 6:00 a.m. of the following day, Sunday through Thursday, from September 1 through May 31.
      (2)   Between the hours of 10:00 p.m. and 6:00 a.m. of the following day, Friday and Saturday, from September 1 through May 31.
      (3)   Between the hours of 10:00 p.m. and 6:00 a.m. of the following day, Sunday through Saturday, from June 1 through August 31.
   (c)   Minors 16 and 17. Persons age 16 to and including age 17 shall not be upon any public street, alley, park, sidewalk or any other public place during the following times unless accompanied by a parent, lawful guardian or other adult person having care or control of the minor with the consent of the parent or lawful guardian:
      (1)   Between the hours of 10:00 p.m. and 6:00 a.m. of the following day, Sunday through Thursday, from September 1 through May 31.
      (2)   Between the hours of 12:00 midnight and 6:00 a.m., Friday and Saturday, from September 1 through May 31.
      (3)   Between the hours of 12:00 midnight and 6:00 a.m., Sunday through Saturday, from June 1 through August 31.
   (d)   Defenses. It is an affirmative defense to a charge of violating division (a), (b) or (c) of this section that the person was returning directly home from a school or church activity or employment or that the person was responding to a life-threatening emergency at the direction of his or her parent, lawful guardian or other adult person having care or control of the minor with the consent of the parent or lawful guardian.
   (e)   Responsibility of parents and guardians. No parent, lawful guardian or other adult person having care or control of a minor with the consent of the parent or lawful guardian shall permit, or by insufficient control shall allow, such minor to be in or upon the public streets or any other places listed in divisions (a), (b) or (c) of this section during the above restricted hours.
   (f)   Police action.
      (1)   Police officers may stop and question a person they reasonably believe to be a minor in order to obtain the name, address and telephone number of his or her parent, lawful guardian or other adult person having care or control of the minor with the consent of the parent or lawful guardian, and such minor shall give such information to the police officer.
      (2)   If a minor refuses to give a police officer the correct information required by division (f)(1) of this section, he or she shall be subject to the penalties set forth in division (h) of this section, or, alternatively, he or she may be taken to the Police Department and the parent, lawful guardian or other adult person having care or control of such minor shall be notified to come and take care of the minor. If the parent, lawful guardian or other adult person having care or control of such minor cannot be located or fails to come and take charge of the minor, the minor and the parent, lawful guardian or other adult person having care or control of such minor shall be subject to the penalties set forth in division (h) of this section.
   (g)   Operators of businesses. No person operating or in charge of any place of amusement, entertainment or refreshment, or other place of business, shall recklessly allow or permit minors, unless accompanied by a parent, lawful guardian or other adult person having care or control of the minor with the consent of the parent or the lawful guardian, to be present in such places in violation of division (a), (b) or (c) of this section. Whenever the person operating or in charge of any such place of amusement, entertainment or refreshment, or other place of business, shall find a minor present in violation of division (a), (b) or (c) of this section, he or she shall immediately order the minor to leave such place, and, upon the minor's failure to do so, shall immediately notify the Police Department of such violation.
   (h)   Penalties; other remedies.
      (1)   Whoever violates any of the provisions of this section is guilty of a misdemeanor of the third degree for a first offense. If an offender has previously been convicted of a violation of any of the provisions of this section, any subsequent violation is a misdemeanor of the first degree.
      (2)   The court may, in its discretion, waive, reduce or suspend the monetary penalty prescribed for the infraction and may impose such conditions on any suspension as it deems just. The court may order performance of a number of hours of community service in lieu of a monetary penalty. The court may order attendance at counseling or educational programs in lieu of a monetary penalty or community service.
(Ord. 133-94. Passed 9-26-94.)
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