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Lorain Overview
Codified Ordinances of Lorain, OH
CODIFIED ORDINANCES OF LORAIN, OHIO
ROSTER OF OFFICIALS
ADOPTING ORDINANCE
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - FIRE PREVENTION CODE
PART FIFTEEN - BUILDING CODE
PART SEVENTEEN - RATE AND FEE SCHEDULE
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509.16 PANHANDLING.
   (a)   For the purpose of this section:
      (1)   “Panhandling” means as follows:
         A.   Approach, seek or follow a person before, during or after solicitation, if that conduct is intended, or likely to cause a reasonable person to:
            1.   Fear harm to oneself or another,
            2.   Fear damage to or loss of property, or
            3.   Feel intimidated; or
         B.   Intentionally or recklessly touching or causing physical contact with another person without that person’s consent while in the course of soliciting likely to cause a reasonable person to feel restrained or intimidated; or
         C.   Continuing to solicit from a person after the person has given a negative response; or
         D.   Intentionally or recklessly blocking the safe or free passage of a person or vehicle by any means, including unreasonably causing a pedestrian or vehicle to take evasive action to avoid physical contact. For purposes of this section, acts where a lawfully issued permit from the City of Lorain shall not constitute hindrance of pedestrian or vehicle traffic; or
         E.   Intentionally or recklessly use threatening, obscene language, or gestures toward any person being solicited.
      (2)   “Automated Teller Machine” means any device that has one or more teller machines linked to a financial institution’s records, that is capable of carrying out transactions, including but not limited to account deposits, cash withdrawals, payments or balance inquiries.
      (3)   “Automated Teller Machine Facility” means any area comprised of one or more automated teller machines, and any adjacent space that is made available to banking customers or any automated teller machine that is enclosed within a building.
      (4)   “Public property” means all property owned, operated or controlled by any governmental agency, including but not limited to streets, public sidewalks and thoroughfare, tree lawns, parks, playgrounds, publicly owned parking lots, schools, libraries, post offices, municipal transit facilities and other public lands and buildings.
      (5)   “Solicitor” or “soliciting” means the act of requesting an immediate donation of money or other thing of value from another person, regardless of the solicitor’s purposes or intended use of the solicited donation. The solicitation may be done without limitation by the spoken word, written word or prepared statement, gestures, or by other means of communication.
   (b)   No person shall solicit:
      (1)   In an aggressive manner; or
      (2)   Within fifty feet of an automated teller machine without the consent of the owner or other person legally in possession of the machine. The distance to an automated teller machine shall be measured from the entrance if the machine is located in an automated teller facility; or
      (3)   Within forty feet of a bus stop or bus shelter, including school bus stops; or
      (4)   Within fifty feet of a line of pedestrians waiting to obtain access to a building or an event; or
      (5)   Within fifty feet of an area used by a restaurant for outdoor dining, or a temporary public right of way; or
      (6)   Within fifty feet of a valet zone, whether it be temporary or permanent; or
      (7)   Within twenty feet of any pay telephone. If a telephone booth is involved, the distance shall be measured from the entrance of the booth; or
      (8)   Within twenty feet of the entrance or exit of any public toilet facility, including any permanent or temporarily placed toilet facility; or
      (9)   On public property within twenty feet of an entrance to a building; or
      (10)   On public property within twenty feet of an entrance to a parking lot.
   (c)   Whoever violates this section shall be charged with a misdemeanor of the fourth degree for the first offense, a misdemeanor of the third degree for a second offense and a misdemeanor of the first degree for the third and any subsequent offense. It shall be deemed that a separate offense has occurred if the solicitation is attempted at different locations. It shall be deemed that the solicitation shall be one offense if the solicitation occurs within a one day period.
(Ord. 44-07. Passed 4-2-07.)
509.17 UNREASONABLE LIGHTING IN A RESIDENTIAL AREA.
   (a)   Definitions.
      (1)   Floodlight or spotlight: Any light fixture or lamp that incorporates a reflector or a refractor to concentrate the light output into a directed beam in a particular direction.
      (2)   Fully Shielded (light Fixture): A light fixture constructed in such a manner that all light emitted by the fixture, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the fixture, is projected below the horizontal. Any structural part of the light fixture providing this shielding must be permanently affixed, and part of the fixture, not part of any surrounding building or architectural elements. Table 509.17(a) provides examples of fully shielded lighting fixtures; Table 509.17(b) provides examples of lighting fixtures not fully shielded.
Table 509.17(a): Examples of Fully Shielded Lighting Fixtures
 
Table 509.17(b): Examples of Lighting Fixtures NOT Fully Shielded
 
      (3)    Glare: Light emitting from a lighting fixture with an intensity great enough to cause annoyance, discomfort, or loss of visual performance and visibility.
      (4)   Light trespass: The unwanted shining of direct light produced by a lighting fixture beyond the boundaries of the property on which it is located. Light trespass is of an intrusive and objectionable nature.
      (5)   Lighting Fixture: A complete lighting assembly (including the lamp, housing, reflectors, lenses and shields), less the support assembly (pole or mounting bracket). Includes luminous tubes, lamps or similar devices, permanently installed or portable, used for illumination or decoration. For purposes of determining total light output from a lighting fixture, lighting assemblies which include multiple lamps within a single lighting fixture or on a single pole or standard shall be considered as a single unit. See Table 509.17(c) below:
Table 509.17 (c): Examples for determining total light output from lighting fixture
 
      (6)   Lumen: Unit of luminous flux; used to measure the amount of light emitted by lamps. Lumens can be measured based on the lamp type and wattage. Table 509.17(d) presents wattage levels and the resulting lumen output:
Table 509.17 (d): Lamp Type and Wattage with Outputs below 2000 lumens and 1000 lumens
 
Lamp Type
2000 lumens
1000 lumens
Standard incandescent and less
100 watt
60 watt
Tungsten-halogen (quartz) and less
100 watt
60 watt
Fluorescent and less
25 watt
15 watt
Compact Fluorescent and less
26 watt
13 watt
      (7)   Partially Shielded (Light Fixture): A light fixture constructed and mounted such that most light emitted by the fixture, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the fixture, is projected below the horizontal. Light emitted at or above the horizontal direction (sideways or upwards) arises only from decorative elements or strongly colored or diffusing materials such as "honey" or colored glass or plastic. Fixtures using spot or flood lamps are considered partially shielded if the lamps are aimed no higher than 45 degrees above straight down (half-way between straight down and straight to the side). Table 509.17(e) provides examples of lighting fixtures that are partially shielded.
Table 509.17 (e): Examples of Partially Shielded Lighting Fixtures
 
   (b)    General Requirements. For outdoor lighting fixtures installed on land improved by a residential dwelling in residential zoning districts R-1A, R-1B, R-1C, R-1, R-2, R-3, R-MH and R-PUD:
      (1)   Any lighting fixture producing 2000 lumens or less shall be partially shielded.
      (2)   Any lighting fixture producing more than 2000 lumens shall be fully shielded.
      (3)   The placement of all lighting fixtures shall be such that no direct light shall trespass onto adjacent residential properties, excepting light incidental to fully shielded lighting;
      (4)   Island canopy ceiling fixtures shall be recessed so that no direct light shall trespass onto adjacent residential properties;
      (5)   With the exception of flag lighting, ground level signs, and decorative lighting mounted as shielded sconces on building side walls, no lighting shall be pointed in an upward direction;
      (6)   Outdoor light pole fixtures not owned and maintained by the City of Lorain or public utility shall not be taller than the residence to which they are adjacent or 36 feet, whichever is shorter.
      (7)   High Intensity Discharge (HID) lighting, including mercury vapor lighting, shall have full cut-off fixtures or shall be fully shielded to prevent the trespass of glare from direct light onto adjacent residential properties.
      (8)   Flood lighting and spot lighting shall be fully shielded or aimed in such a way as to not direct light to trespass on to adjacent residential properties.
   (c)    Exceptions.
      (1)    Kerosene, propane, battery and natural gas lamps.
      (2)    All low-voltages lighting rated at twenty-four (24) volts or less.
   (d)    Penalty.
      (1)   Any person, firm, or corporation in violation of this provision shall be guilty of the minor misdemeanor "Unreasonable Lighting in a Residential Area."
      (2)   Should any person, firm, or corporation previously found guilty of the minor misdemeanor "Unreasonable Lighting in a Residential Area" persist in the unreasonable lighting after a reasonable request or warning to stop, such person, firm, or corporation shall be guilty of a misdemeanor of the fourth degree.
(Ord. 50-13. Passed 3-4-13.)
509.18 IMPEDING PUBLIC PASSAGE OF AN EMERGENCY SERVICE RESPONDER.
   (a)   No person, without privilege to do so, shall recklessly obstruct any highway, street, sidewalk, or any other public passage in such a manner as to render the highway, street, sidewalk, or passage impassable without unreasonable inconvenience or hazard if both of the following apply:
      (1)   The obstruction prevents an emergency vehicle from accessing a highway or street, prevents an emergency service responder from responding to an emergency, or prevents an emergency vehicle or an emergency service responder from having access to an exit from an emergency.
      (2)   Upon receipt of a request or order from an emergency service responder to remove or cease the obstruction, the person refuses to remove or cease the obstruction.
   (b)   Subsection (a) of this section does not limit or affect the application of Ohio R.C. 2921.31 or any other section of the Ohio Revised Code. Any conduct that is a violation of subsection (a) of this section and that also is a violation of Ohio R.C. 2921.31 or any other section of the Ohio Revised Code may be prosecuted under this section, the other section of the Ohio Revised Code or both sections.
   (c)   Whoever violates this section is guilty of unlawfully impeding public passage of an emergency service responder, a misdemeanor of the first degree.
   (d)   As used in this section, “emergency service responder” has the same meaning as in Ohio R.C. 2903.13.
(ORC 2917.14)
509.99 PENALTY.
   (EDITOR'S NOTE: See Section 501.99 for penalties applicable to any misdemeanor classification.)