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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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§ 648.13 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.)
§ 648.16 OBSTRUCTING SIDEWALKS BY LOAFING AND LOITERING.
   (a)   No person shall obstruct any sidewalk or entrance or hallway of a public building within the corporate limits by standing upon or occupying the same, except as authorized by this General Offenses Code or other ordinances of the City, so as to interrupt a free and proper use of such place and no person shall, upon the request of a police officer, or any person obstructed in the lawful use thereof, refuse or neglect to remove therefrom.
(1956 Code Sec. 981.06)
   (b)   Whoever violates this section is guilty of a minor misdemeanor.
§ 648.17 MUFFLERS FOR GASOLINE ENGINES.
   (a)   No person shall use or operate a gasoline engine within the corporate limits unless the same is muffled in such a manner as to deaden the noise of the explosion and prevent the nuisance which would otherwise result therefrom.
(1956 Code Sec. 933.06)
   (b)   Whoever violates this section is guilty of a minor misdemeanor.
§ 648.18 DISORDERLY HOUSES; PATRONIZING.
   (a)   No person shall:
      (1)   Keep, set up, maintain or operate any place, structure, building or conveyance for the purpose of prostitution, assignation or any actual or simulated sexual activity which includes both sexual conduct and sexual contact as defined by § 666.01. Nothing in this division shall be construed as prohibiting activities of consenting adults in private residences not intended to be viewed by others.
      (2)   Keep, set up, maintain or operate any place, structure, building or conveyance for the purpose of gambling, gaming, games of chance or games for gain, or for the purpose of maintaining or operating gambling machines and devices or machines and devices the operation of which constitutes a game for gain;
      (3)   Keep, set up, maintain or operate any place, structure, building or conveyance for the purpose of the sale of liquor without a permit for the sale thereof;
      (4)   Keep, set up, maintain, operate, allow to be operated or be in control of any place, structure, building or conveyance for the purpose of possession, use or sale of narcotics, hallucinogens, dangerous drugs, illegal drugs, drugs of abuse or anything purported or represented to be any of the above listed substances, or the unlawful possession of instruments for the administration of drugs.
   (b)   No person shall visit a disorderly house as defined in division (a) of this section.
   (c)   Whoever violates division (a)(1), (2) or (3) of this section is guilty of a misdemeanor of the third degree.
   (d)   Whoever violates division (a)(4) of this section is guilty of a misdemeanor of the first degree.
   (e)   Whoever violates division (b) of this section is guilty of a misdemeanor of the fourth degree.
(Ord. 160-91. Passed 7-8-91.)
§ 648.19 INTERFERENCE WITH VEHICULAR TRAFFIC.
   (a)   No person shall interfere with vehicular traffic by remaining or wandering about in a public place and doing any of the following:
      (1)   Repeatedly beckon, stop or attempt to stop motor vehicles; or
      (2)   Repeatedly interfere with the free passage of other persons.
   (b)   For the purposes of this section, "public place" means any street, sidewalk, bridge, alley, or alleyway, plaza, park, driveway, parking lot or transportation facility or the doorways and entrance ways to any building which fronts on any of the aforesaid places, or a motor vehicle in or on any such place.
   (c)   Whoever violates this section is guilty of interfering with traffic, a misdemeanor of the fourth degree.
(Ord. 40-82. Passed 4-19-82.)
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