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Lincoln Heights Overview
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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§ 132.14   LOUD MUSICAL NOISES.
   (A)   No person, association, firm, or corporation, operating a restaurant, hotel, summer garden, or other place of refreshment or entertainment, shall permit, nor shall any person in or about such restaurant, hotel, summer garden, or other place of refreshment or entertainment to engage in playing or rendition of music of any kind, singing, loud talking, amplification of sound, or other noises on or about the premises, in such manner as to disturb the peace and quiet of the neighborhood, having due regard for the proximity of places of residence, hospitals, or other residential institutions and to any conditions affected by such noises.
   (B)   It shall be prima facie unlawful for any person, association, firm, or corporation operating a restaurant, hotel, summer garden, or other place of refreshment or entertainment to permit, or for any person in or about such restaurant, hotel, summer garden, or other place of refreshment or entertainment to engage in the playing or rendition of music of any kind, singing, loud talking, amplification of sound, or other noises on or about the premises during the night season after 11:00 p.m.
   (C)   In every charge of violation of this section the affidavit shall state the hour at which the offense is alleged to have occurred.
   (D)   Whoever violates this section is guilty of making loud musical noises, a minor misdemeanor, except that if the offender persists in the violation of this section after reasonable warning or request to desist, he or she is guilty of a misdemeanor of the fourth degree.
(1995 Code, § 132.14) (Ord. 95-O-10, passed 10-23-1995) Penalty, see § 130.99
§ 132.15   PUBLIC INTOXICATION.
   (A)   No person shall be found in a public place in a state of voluntary intoxication.
   (B)   When to an ordinary observer a person appears to be intoxicated, it is probable cause to believe such person is voluntarily intoxicated.
   (C)   Whoever violates this section is guilty of public intoxication, a misdemeanor of the fourth degree.
(1995 Code, § 132.15) Penalty, see § 130.99
§ 132.16   SAFETY OF CROWDS ATTENDING LIVE ENTERTAINMENT PERFORMANCES.
   (A)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      CONCERT. A musical performance of which the primary component is a presentation by persons singing or playing musical instruments, that is intended by its sponsors mainly, but not necessarily exclusively, for the listening enjoyment of the audience, and that is held in a facility. A CONCERT does not include any performance in which music is a part of the presentation and the primary component of which is acting, dancing, a motion picture, a demonstration of skills or talent other than singing or playing an instrument, an athletic event, an exhibition or a speech.
      FACILITY. Any structure that has a roof or partial roof and that has walls that wholly surround the area on all sides, including, but not limited to, a stadium, hall, arena, armory, auditorium, ballroom, exhibition hall, convention center or music hall.
      LIVE ENTERTAINMENT PERFORMANCE. Any live speech; any live musical performance, including a concert; any live dramatic performance; any live variety show; and any other live performance with respect to which the primary intent of the audience can be construed to be viewing the performers. A LIVE ENTERTAINMENT PERFORMANCE does not include any form of entertainment with respect to which the person purchasing a ticket routinely participates in amusements as well as views performers.
      PERSON. Includes, in addition to an individual or entity specified in Ohio R.C. § 1.59(C), any governmental entity.
      RESTRICTED ENTERTAINMENT AREA. Any wholly or partially enclosed area, whether indoors or outdoors, that has limited access through established entrances or established turnstiles or similar devices.
   (B)   (1)   No person shall sell, offer to sell, or offer in return for a donation, any ticket that is not numbered and that does not correspond to a specific seat for admission to either of the following:
         (a)   A live entertainment performance that is not exempted under division (D) of this section, that is held in a restricted entertainment area, and for which more than 8,000 tickets are offered to the public; or
         (b)   A concert that is not exempted under division (D) of this section and for which more than 3,000 tickets are offered to the public.
      (2)   No person shall advertise any live entertainment performance as described in division (B)(1)(a) of this section or any concert as described in division (B)(1)(b) of this section, unless the advertisement contains the words “Reserved Seats Only.”
   (C)   Unless exempted by division (D)(1) of this section, no person who owns or operates any restricted entertainment area shall fail to open, maintain and properly staff at least the number of entrances designated under division (E) of this section for a minimum of 90 minutes prior to the scheduled start of any live entertainment performance that is held in the restricted entertainment area and for which more than 3,000 tickets are sold, offered for sale or offered in return for a donation.
   (D)   (1)   A live entertainment performance, other than a concert, is exempted from the provisions of divisions (B) and (C) of this section if both of the following apply:
         (a)   The restricted entertainment area in which the performance is held has at least eight entrances or, if both entrances and separate admission turnstiles or similar devices are used, has at least eight turnstiles or similar devices; and
         (b)   The eight entrances or, if applicable, the eight turnstiles or similar devices, are opened, maintained and properly staffed at least one hour prior to the scheduled start of the performance.
      (2)   (a)   The officer responsible for public safety in the municipality may, upon application of the sponsor of a concert covered by division (B) of this section, exempt the concert from the provisions of that division if such officer finds that the health, safety and welfare of the participants and spectators would not be substantially affected by failure to comply with the provisions of that division. In determining whether to grant an exemption, the officer shall consider the following factors:
            1.   The size and design of the facility in which the concert is scheduled;
            2.   The size, age and anticipated conduct of the crowd expected to attend the concert; and
            3.   The ability of the sponsor to manage and control the expected crowd.
         If the sponsor of any concert desires to obtain an exemption under this division, the sponsor shall apply to the appropriate official on a form prescribed by that official. The official shall issue an order that grants or denies the exemption within five days after receipt of the application. The sponsor may appeal any order that denies an exemption to the Court of Common Pleas of the county in which the facility is located.
         (b)   If an official grants an exemption under division (D)(2)(a) of this section, the official shall designate an on-duty law enforcement officer to be present at the concert. The designated officer has authority to issue orders to all security personnel at the concert to protect the health, safety and welfare of the participants and spectators.
      (3)   Notwithstanding division (D)(2) of this section, in the case of a concert held in a facility located on the campus of an educational institution covered by Ohio R.C. § 3345.04, a state university law enforcement officer appointed pursuant to Ohio R.C. §§ 3345.04 and 3345.21 shall do both of the following:
         (a)   Exercise the authority to grant exemptions provided by division (D)(2)(a) of this section in lieu of an official designated in that division; and
         (b)   If the officer grants an exemption under division (D)(3)(a) of this section, designate an on-duty state university law enforcement officer to be present at the concert. The designated officer has authority to issue orders to all security personnel at the concert to protect the health, safety and welfare of the participants and spectators.
   (E)   (1)   Unless a live entertainment performance is exempted by division (D)(1) of this section, the officer responsible for public safety within the municipality shall designate, for purposes of division (C) of this section, the minimum number of entrances required to be opened, maintained and staffed at each live entertainment performance so as to permit crowd control and reduce congestion at the entrances. The designation shall be based on such factors as the size and nature of the crowd expected to attend the live entertainment performance, the length of time prior to the live entertainment performance that crowds are expected to congregate at the entrances and the amount of security provided at the restricted entertainment area.
      (2)   Notwithstanding division (E)(1) of this section, a state university law enforcement officer appointed pursuant to Ohio R.C. §§ 3345.04 and 3345.21 shall designate the number of entrances required to be opened, maintained and staffed in the case of a live entertainment performance that is held at a restricted entertainment area located on the campus of an educational institution covered by Ohio R.C. § 3345.04.
   (F)   No person shall enter into any contract for a live entertainment performance that does not permit or require compliance with this section.
   (G)   (1)   This section does not apply to a live entertainment performance held in a restricted entertainment area if one admission ticket entitles the holder to view or participate in three or more different games, rides, activities or live entertainment performances occurring simultaneously at different sites within the restricted entertainment area and if the initial admittance entrance to the restricted entertainment area, for which the ticket is required, is separate from the entrance to any specific live entertainment performance and an additional ticket is not required for admission to the particular live entertainment performance.
      (2)   This section does not apply to a symphony orchestra performance, a ballet performance, horse races, dances or fairs.
   (H)   This section does not prohibit the legislative authority from imposing additional requirements, not in conflict with the section, for the promotion or holding of live entertainment performances.
   (I)   Whoever violates division (B), (C) or (F) of this section is guilty of a misdemeanor of the first degree. If any individual suffers physical harm to his or her person as a result of a violation of this section, the sentencing court shall consider this factor in favor of imposing a term of imprisonment upon the offender.
(ORC § 2917.40)
§ 132.17   CURFEW FOR MINORS.
   (A)   Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      DRIVE OR RIDE AIMLESSLY. To drive or to ride as a passenger in or upon any public place by an unnecessarily circuitous route or to retrace the same route.
      ESTABLISHMENT. Any privately owned place of business earned on for a profit, or any place of amusement or entertainment to which the public is invited.
      MINOR. Any person under the age of 18 years.
      OFFICIAL VILLAGE TIME. Eastern standard time.
      OPERATOR. Any individual, firm, association, partnership, or corporation operating, managing or conducting any establishment, whenever used on any clause prescribing a penalty, the term "operator," as applied to associations or partnerships, includes the members or partners thereof, and as applied to a corporation, includes the officers thereof.
      PARENT. Any natural parent of a minor, a guardian or any adult person 21 years of age or over, responsible for the care and custody of a minor.
      PUBLIC PLACE. Any public street, highway, road, alley, park, playground, public building or vacant lot.
      REMAIN. To loiter, idle, wander, stroll or play in or upon.
   (B)   Curfew hours; prohibited conduct; exceptions.
      (1)   No minor shall remain in or upon any public place or any establishment between the hours of 10:30 p.m. and 6:00 a.m. of the following day, official city time, except that on Fridays and Saturdays the hours shall be from 12:00 midnight to 6:00 a.m.
      (2)   No minor enrolled in a public school shall remain in or upon any public place or establishment during the school hours of the minor's school.
      (3)   No minor shall drive or ride aimlessly in an automobile, a truck or a motorcycle between the hours of 10:30 p.m. and 6:00 a.m. of the following day, official city time, except that on Fridays and Saturdays the hours shall be from 12:00 midnight to 6:00 a.m.
      (4)   The provisions of this section shall not apply to any minor accompanied by a parent, or to a minor upon an errand or other legitimate business directed by such minor's parent, or to any minor who is engaged in lawful employment during the school/curfew hours or to a minor traveling from a scheduled school activity or event during the curfew hours.
      (5)   Any school, church, lodge or other organization that desires to hold any activity for minors under 18 years of age, and which activity shall require such minors be out at a later hour than provided in this section, shall make application to the Village Manager for permission to have the minors stay out to a later hour. The application shall state the time the activity will end, and the minors who attend such activity shall be required to be off the streets and public places one hour after the activity is ended.
   (C)   Parents' responsibilities.
      (1)   No parent shall knowingly permit any minor to remain in or upon any public place or any establishment between the hours of 10:30 p.m. and 6:00 a.m. of the following day, official city time, except that on Fridays and Saturdays the hours shall be from 12:00 midnight to 6:00 a.m.
      (2)   The provisions of this section shall not apply to any parent who accompanies a minor, or to a parent who directs a minor upon an errand or other legitimate business, or to any parent of a minor engaged in gainful lawful employment during the curfew hours, or to any parent of a minor who shall attend any activity in accordance with the provisions of Section 132.17(B)(5).
   (D)   Owners' and operators' responsibilities.
      (1)   No operator of an establishment or their agents or employees shall knowingly permit any minor to remain upon the premises of such establishment between the hours of 10:30 p.m. and 6:00 a.m. of the following day, official city time, except that on Fridays and Saturdays the hours shall be from 12:00 midnight to 6:00 a.m.
      (2)   The provisions of this section shall not apply to any minor accompanied by a parent or to a minor upon an errand or other legitimate business directed by such minor's parent.
   (E)   Parental responsibilities.
      (1)   A parent who has parental rights and responsibilities for the care of a minor and is the residential parent and legal custodian of such minor, a guardian who has custody of such minor, or other custodian of such minor, is charged with the control of the minor and shall have the power to exercise parental control and authority over the minor.
         It shall be unlawful for a parent, legal custodian, legal guardian, or other person lawfully charged with the care of a minor, to fail to supervise such minor.
      (2)   Parental responsibility to supervise such minor and exercise parental control with regard to such minor includes, but is not limited to, the following duties:
         (a)   To keep illegal drugs out of the home and out of possession of such minor, except those drugs duly prescribed by a licensed physician or other authorized medical professional.
         (b)   To keep firearms out of the possession of such minor except those used for hunting in accordance with state law and with knowledge and supervision of a parent.
         (c)   To exercise and have in place reasonable controls so as to prevent such minor from maliciously or willfully damaging, defacing or destroying real or personal property belonging to others, including real or personal property of the Village of Lincoln Heights.
         (d)   To exercise and have in place reasonable controls so as to prevent such minor from engaging in theft of property or keeping in his or her possession property known to be stolen.
         (e)   To exercise and have in place reasonable controls so as to prevent such minor from engaging in violent or assaultive behavior directed at persons.
         An adjudication that a minor has been found a "delinquent child," as defined in R.C. 2151.02 for criminal conduct other than that which would lead to a "status" crime violation, such as a curfew or truancy violation, or has been found guilty of a criminal conviction when said minor has been tried as an adult shall be prima facie evidence that said parent or guardian failed to supervise the minor.
      (3)   This section shall not apply to public childrens services agencies as defined in R.C. 21 51.011, or to foster parents.
      (4)   In a prosecution of a person for failing to supervise a minor under subsection (A) of this section, it is an affirmative defense that the person:
         (a)   Is the victim of the act that brings the minor within the jurisdiction of the juvenile court; or
         (b)   Reported the act to the appropriate authorities; or
         (c)   Is charged with the parental control and authority over a minor who is a "mentally retarded person" or a "developmentally disabled person" as these terms are defined in R.C. 5321.01.
   (F)   Enforcement and penalties.
      (1)   Any police officer who finds a minor violating any provisions of § 132.17(B) shall obtain information from such minor as to his or her name and address, age, and the name of his or her parents or parents. The minor shall thereupon be instructed to proceed to his or her home forthwith. A written notice shall then be mailed by the Chief of Police to the parent or parents of the minor, advising of the violation of § 132.17(B).
      (2)   Any parent who shall violate any provision of § 132.17(C) after having received notice of a prior violation as provided in Paragraph (1) hereof, shall be fined not more than $100, together with costs.
      (3)   Any operator of an establishment and any agents or employees of any operator who shall violate the provisions of § 132.17(D) shall be fined nor more than $100, together with costs.
      (4)   Whoever violates § 132.17(E) is guilty of failing to supervise a minor. Upon first conviction, the offender shall be subject to a fine of up to $250 and/or ordered to perform community service. The fine and/or community service will be suspended if the offender completes a parenting training class designated by the Village of Lincoln Heights. In addition to any fine or order imposed pursuant to this section the Court may order the offender to make restitution to any victim of the minor's conduct. The amount of restitution shall not exceed the statutory liability for parents established in R.C. 3109.09 and R.C. 3109.10.
      (5)   Each violation of any provision of this Section shall constitute a separate offense.
         For a conviction of a second offense and/or additional offenses, the offender shall be subject to a fine of up to $500 and/or ordered to perform community service for each offense.
(1995 Code, § 132.17) (Ord. 84-O-14, passed 8-13-1984; Am. Ord. 88-O-17, passed 6-8-1988; Am. Ord. 96-O-20, passed 8-12-1996; Am. Ord. 97-O-26, passed 7-14-1997)
§ 132.18   ACTS IN VIOLATION OF THE ORDERS OF THE COURT.
   No person shall do any of the following:
   (A)   Disobey or resist a lawful writ, process or order, rule, judgment or command of the court or an officer of the court;
   (B)   Fail to obey subpoena duly served or refuse to answer as a witness when lawfully required;
   (C)   Fail as witness or defendant to comply with the terms of a recognizance granted to them by the court; or
   (D)   Whoever violates this section shall be guilty of a misdemeanor of the fourth degree.
(1995 Code, § 132.18) (Ord. 95-O-04, passed 3-27-1995) Penalty, § 130.99
§ 132.19   DEFAULT OF PAYMENT OF FINE.
   (A)   Any person convicted of violating any ordinances of the municipality who fails to pay the fine and costs of court as imposed by the Mayor shall be confined to a suitable place imprisonment until such time as he or she has remained in confinement a sufficient length of time, receiving credit at the rate of $25 per day, to have paid the fine and costs in full, unless such fine and costs are suspended.
   (B)   Notwithstanding the provisions of division (A) above, the Mayor, in his or her discretion and with the consent of the convicted person, may allow the convicted person to perform labor in the service of the municipality and within the municipality limits, with credit being given against such fine and costs at the rate of $4.25 or minimum wage per hour.
   (C)   No such convicted person so employed under the provisions of division (B) above, shall be required to work more than eight hours per day, nor does such work need to be performed on consecutive days.
   (D)   The Mayor, at his or her discretion, may give any person who is sentenced to three days or more, and who performs labor in lieu of incarceration, the option to substitute a payment of $25 per day for up to 1/3 of the sentence, provided the first two-thirds of the sentence is served with good behavior, and provided the time off does not reduce any sentence requiring a minimum number of days to less than the minimum.
(1995 Code, § 132.19) (Ord. 95-O-04, passed 3-27-1995)
§ 132.20   DISPOSITION OF UNCLAIMED CASH BAIL BONDS.
   (A)   The Village Manager is hereby authorized to establish a provision for unclaimed cash bail bonds in the general fund in a manner approved by the State Auditor.
   (B)   If a defendant or the person entitled to the unclaimed cash bail bond fails to claim or recover the cash bail bond within five years after the completion of the criminal process for which it was posted, then such cash bail bond is forfeited to the village, provided, however, such forfeiture shall not become final until notice of the unclaimed cash bail bond has been published in a newspaper of general circulation within the village once a week for two consecutive weeks.
(1995 Code, § 132.20) (Ord. 95-O-5, passed 3-27-1995)
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