509.08 DISORDERLY CONDUCT BY INTOXICATION.
   (a)   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 were not intoxicated, should know is likely to have such effect on others;
      (2)   Engage in conduct or create a condition which presents a risk of physical harm to himself or another, or to the property of another.
   (b)   Violation of any statute or ordinance or 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 subsection (a) hereof.
   (c)   When to an ordinary observer a person appears to be intoxicated, it is probable cause to believe such person is voluntarily intoxicated for purposes of subsection (a) hereof.
   (d)   Whoever violates this section is guilty of disorderly conduct by intoxication, a minor misdemeanor. If the offender persists in disorderly conduct after reasonable warning or request to desist, disorderly conduct is a misdemeanor of the fourth degree. (ORC 2917.11)