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Lincoln Heights, OH Code of Ordinances
VILLAGE OF LINCOLN HEIGHTS, OHIO CODE OF ORDINANCES
ADOPTING ORDINANCES
CHARTER
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 132.02   FAILURE TO DISPERSE.
   (A)   Where five or more persons are participating in a course of disorderly conduct in violation of Ohio R.C. § 2917.11 or a substantially equivalent municipal ordinance, and there are other persons in the vicinity whose presence creates the likelihood of physical harm to persons or property or of serious public inconvenience, annoyance, or alarm, a law enforcement officer or other public official may order the participants and the other persons to disperse. No person shall knowingly fail to obey the order.
   (B)   Nothing in this section requires persons to disperse who are peaceably assembled for a lawful purpose.
   (C)   (1)   Whoever violates this section is guilty of failure to disperse.
      (2)   Except as otherwise provided in division (C)(3) of this section, failure to disperse is a minor misdemeanor.
      (3)   Failure to disperse is a misdemeanor of the fourth degree if the failure to obey the order described in division (A) of this section creates the likelihood of physical harm to persons or is committed at the scene of a fire, accident, disaster, riot, or emergency of any kind.
(ORC § 2917.04) (1995 Code, § 132.02)
§ 132.03   JUSTIFIABLE USE OF FORCE TO SUPPRESS RIOT.
   A law enforcement officer or firefighter engaged in suppressing a riot or in protecting persons or property during a riot:
   (A)   Is justified in using force, other than deadly force, when and to the extent he or she has probable cause to believe such force is necessary to disperse or apprehend rioters;
   (B)   Is justified in using force, including deadly force, when and to the extent he or she has probable cause to believe such force is necessary to disperse or apprehend rioters whose conduct is creating a substantial risk of serious physical harm to persons.
(ORC § 2917.05) (1995 Code, § 132.03)
§ 132.04   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; or
      (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 such effect on others; or
      (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)   As used in this section:
      COMMITTED IN THE VICINITY OF A SCHOOL. Has the same meaning as in Ohio R.C. § 2925.01.
      EMERGENCY FACILITY. Has the same meaning as in Ohio R.C. § 2909.04.
      EMERGENCY FACILITY PERSON. Is the singular of “emergency facility personnel” as defined in Ohio R.C. § 2909.04.
      EMERGENCY MEDICAL SERVICES PERSON. Is the singular of “emergency medical services personnel” as defined in Ohio R.C. § 2133.21.
(ORC § 2917.11) (1995 Code, § 132.04)
§ 132.05   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; or
      (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.
(ORC § 2917.12) (1995 Code, § 132.05)
§ 132.06   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; or
      (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:
      EMERGENCY FACILITY. Has the same meaning as in Ohio R.C. § 2909.04.
      EMERGENCY FACILITY PERSON. Is the singular of “emergency facility personnel” as defined in Ohio R.C. § 2909.04.
      EMERGENCY MEDICAL SERVICES PERSON. Is the singular of “emergency medical services personnel” as defined in Ohio R.C. § 2133.21.
(ORC § 2917.13) (1995 Code, § 132.06)
§ 132.07   TELECOMMUNICATIONS HARASSMENT.
   (A)   No person shall knowingly make or cause to be made a telecommunication, or knowingly permit a telecommunication to be made from a telecommunications device under the person's control, to another, if the caller does any of the following.
      (1)   Makes the telecommunication with purpose to harass, intimidate, or abuse any person at the premises to which the telecommunication is made, whether or not actual communication takes place between the caller and a recipient;
      (2)   Describes, suggests, requests, or proposes that the caller, the recipient of the telecommunication, or any other person engage in sexual activity, and the recipient or another person at the premises to which the telecommunication is made has requested, in a previous telecommunication or in the immediate telecommunication, that the caller not make a telecommunication to the recipient or to the premises to which the telecommunication is made;
      (3)   During the telecommunication, violates Ohio R.C. § 2903.21 or a substantially equivalent municipal ordinance;
      (4)   Knowingly states to the recipient of the telecommunication that the caller intends to cause damage to or destroy public or private property, and the recipient, any member of the recipient's family, or any other person who resides at the premises to which the telecommunication is made owns, leases, resides, or works in, will at the time of the destruction or damaging be near or in, has the responsibility of protecting, or insures the property that will be destroyed or damaged;
      (5)   Knowingly makes the telecommunication to the recipient of the telecommunication, to another person at the premises to which the telecommunication is made, or to those premises, and the recipient or another person at those premises previously has told the caller not to make a telecommunication to those premises or to any persons at those premises;
      (6)   Knowingly makes any comment, request, suggestion, or proposal to the recipient of the telecommunication that is threatening, intimidating, menacing, coercive, or obscene with the intent to abuse, threaten, or harass the recipient;
      (7)   Without a lawful business purpose, knowingly interrupts the telecommunication service of any person;
      (8)   Without a lawful business purpose, knowingly transmits to any person, regardless of whether the telecommunication is heard in its entirety, any file, document, or other communication that prevents that person from using the person’s telephone service or electronic communication device;
      (9)   Knowingly makes any false statement concerning the death, injury, illness, disfigurement, reputation, indecent conduct, or criminal conduct of the recipient of the telecommunication or family or household member of the recipient with purpose to abuse, threaten, intimidate, or harass the recipient;
      (10)   Knowingly incites another person through a telecommunication or other means to harass or participate in the harassment of a person;
      (11)   Knowingly alarms the recipient by making a telecommunication without a lawful purpose at an hour or hours known to be inconvenient to the recipient and in an offensive or repetitive manner.
   (B)   (1)   No person shall make or cause to be made a telecommunication or permit a telecommunication to be made from a telecommunications device under the person's control, with purpose to abuse, threaten, or harass another person.
      (2)   No person shall knowingly post a text or audio statement or an image on an internet web site or web page for the purpose of abusing, threatening, or harassing another person.
   (C)   (1)   Whoever violates this section is guilty of telecommunications harassment.
      (2)   A violation of division (A)(1), (A)(2), (A)(3), (A)(5), (A)(6), (A)(7), (A)(8), (A)(9), (A)(10), or (A)(11) or (B) of this section is a misdemeanor of the first degree on a first offense and a felony on each subsequent offense, which shall be prosecuted under appropriate state law.
      (3)   Except as otherwise provided in this division (C)(3), a violation of division (A)(4) of this section is a misdemeanor of the first degree on a first offense and a felony on each subsequent offense, to be prosecuted under appropriate state law. If a violation of division (A)(4) of this section results in economic harm of $1,000 or more, telecommunications harassment is a felony to be prosecuted under appropriate state law.
   (D)   No cause of action may be asserted in any court of this municipality against any provider of a telecommunications service, interactive computer service as defined in 47 U.S.C. § 230, or information service, or against any officer, employee, or agent of a telecommunications service, interactive computer service as defined in 47 U.S.C. § 230, or information service, for any injury, death, or loss to person or property that allegedly arises out of the provider's, officer's, employee's, or agent's provision of information, facilities, or assistance in accordance with the terms of a court order that is issued in relation to the investigation or prosecution of an alleged violation of this section. A provider of a telecommunications service, interactive computer service as defined in 47 U.S.C. § 230, or information service, or an officer, employee, or agent of a telecommunications service, interactive computer service as defined in 47 U.S.C. § 230, or information service, is immune from any civil or criminal liability for injury, death, or loss to person or property that allegedly arises out of the provider's, officer's, employees, or agent's provision of information, facilities, or assistance in accordance with the terms of a court order that is issued in relation to the investigation or prosecution of an alleged violation of this section.
   (E)   (1)   This section does not apply to a person solely because the person provided access or connection to or from an electronic method of remotely transferring information not under that person’s control, including having provided capabilities that are incidental to providing access or connection to or from the electronic method of remotely transferring the information, and that do not include the creation of the content of the material that is the subject of the access or connection. In addition, any person providing access or connection to or from an electronic method of remotely transferring information not under that person’s control shall not be liable for any action voluntarily taken in good faith to block the receipt or transmission through its service of any information that the person believes is, or will be sent, in violation of this section.
      (2)   Division (E)(1) of this section does not create an affirmative duty for any person providing access or connection to or from an electronic method of remotely transferring information not under that person’s control to block the receipt or transmission through its service of any information that it believes is, or will be sent, in violation of this section except as otherwise provided by law.
      (3)   Division (E)(1) of this section does not apply to a person who conspires with a person actively involved in the creation or knowing distribution of material in violation of this section or who knowingly advertises the availability of material of that nature.
      (4)   A provider or user of an interactive computer service, as defined in 47 U.S.C. § 230, shall neither be treated as the publisher or speaker of any information provided by another information content provider, as defined in 47 U.S.C. § 230, nor held civilly or criminally liable for the creation or development of information provided by another information content provider, as defined in 47 U.S.C. § 230. Nothing in this division shall be construed to protect a person from liability to the extent that the person developed or created any content in violation of this section.
   (F)   Divisions (A)(5) to (A)(11) and (B)(2) of this section do not apply to a person who, while employed or contracted by a newspaper, magazine, press association, news agency, news wire service, cable channel or cable operator, or radio or television station, is gathering, processing, transmitting, compiling, editing, or disseminating information for the general public within the scope of the person’s employment in that capacity or the person’s contractual authority in that capacity.
   (G)   As used in divisions (A) through (D) of this section:
      CABLE OPERATOR. Has the same meaning as in Ohio R.C. § 1332.21.
      CALLER. Means the person described in division (A) of this section who makes or causes to be made a telecommunication or who permits a telecommunication to be made from a telecommunications device under that person's control.
      ECONOMIC HARM. Means all direct, incidental and consequential pecuniary harm suffered by a victim as a result of the criminal conduct. The term includes, but is not limited to, all of the following:
         (a)   All wages, salaries or other compensation lost as a result of the criminal conduct;
         (b)   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;
         (c)   The overhead costs incurred from the time that a business is shut down as a result of the criminal conduct; and
         (d)   The loss of value to tangible or intangible property that was damaged as a result of the criminal conduct.
      FAMILY OR HOUSEHOLD MEMBER. Means any of the following:
         (a)   Any of the following who is residing or has resided with the recipient of the telecommunication against whom the act prohibited in division (A)(9) of this section is committed:
            1.   A spouse, a person living as a spouse, or a former spouse of the recipient;
            2.   A parent, a foster parent, or a child of the recipient, or another person related by consanguinity or affinity to the recipient;
            3.   A parent or a child of a spouse, person living as a spouse, or former spouse of the recipient, or another person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of the recipient.
         (b)   The natural parent of any child of whom the recipient of the telecommunication against whom the act prohibited in division (A)(9) of this section is committed is the other natural parent or is the putative other natural parent.
      PERSON LIVING AS A SPOUSE. Means a person who is living or has lived with the recipient of the telecommunication against whom the act prohibited in division (A)(9) of this section is committed in a common law marital relationship, who otherwise is cohabiting with the recipient, or who otherwise has cohabited with the recipient within five years prior to the date of the alleged commission of the act in question.
      SEXUAL ACTIVITY. Has the same meaning as in Ohio R.C. § 2907.01.
      TELECOMMUNICATION and TELECOMMUNICATIONS DEVICE. Have the same meanings as in Ohio R.C. § 2913.01.
   (H)   Nothing in this section prohibits a person from making a telecommunication to a debtor that is in compliance with the “Fair Debt Collection Practices Act,” 15 U.S.C. § 1692, as amended, or the “Telephone Consumer Protection Act,” 47 U.S.C. § 227, as amended.
(ORC § 2917.21) (1995 Code, § 132.07)
§ 132.08   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 this Code of Ordinances may be prosecuted under this section, the other section, or both sections.
   (E)   As used in this section:
      BIOLOGICAL AGENT. Has the same meaning as in Ohio R.C. § 2917.33.
      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; and
            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.
      EMERGENCY MEDICAL SERVICES PERSONNEL. Has the same meaning as in Ohio R.C. § 2133.21.
      INSTITUTION OF HIGHER EDUCATION means 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.
      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.
      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; and
         (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; and
            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) (1995 Code, § 132.08)
§ 132.09   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; or
      (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 $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 this Code of 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) (1995 Code, § 132.09)
§ 132.10   PERSONATING AN OFFICER.
   (A)   No person, with purpose to defraud or knowing that he or she is facilitating a fraud, or with purpose to induce another to purchase property or services, shall personate a law enforcement officer, or an inspector, investigator, or agent of any governmental agency.
   (B)   Whoever violates this section is guilty of personating an officer, a misdemeanor of the first degree.
(ORC § 2913.44) (1995 Code, § 132.10)
Cross-reference:
   Impersonating an officer (non-fraud offense), see § 132.12
§ 132.11   UNLAWFUL DISPLAY OF LAW ENFORCEMENT EMBLEM.
   (A)   Generally. No person who is not entitled to do so shall knowingly display on a motor vehicle the emblem of a law enforcement agency or an organization of law enforcement officers.
   (B)   Penalty. Whoever violates this section is guilty of the unlawful display of the emblem of a law enforcement agency or an organization of law enforcement officers, a minor misdemeanor.
(ORC § 2913.441)
   (C)   Possessing a law enforcement insignia.
      (1)   No person shall, without authority, make, sell, or have in his or her possession any law enforcement officer's wreath, number, manual, badge, button, belt, whistle, or other insignia of office.
      (2)   Whoever violates division (1) above is guilty of illegally possessing a law enforcement officer's insignia and equipment, a minor misdemeanor.
(1995 Code, § 132.11) Penalty, see § 130.99
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