509.03 DISORDERLY CONDUCT; INTOXICATION.

   (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 offensively coarse utterance, gesture or display, or communicating unwarranted and grossly abusive language to any person, which by its very utterance or usage inflicts injury or tends to incite an immediate breach of the peace;

      (3)   Insulting, taunting or challenging another, under circumstances in which such 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;

      (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 the offender were not intoxicated, should know is likely to have that effect on others;

      (2)   Engage in conduct or create a condition that presents a risk of physical harm to the offender 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 subsection (b) hereof.

   (d)   When to an ordinary observer a person appears to be intoxicated, it is probable cause to believe that person is voluntarily intoxicated for purposes of subsection (b) hereof.

   (e)   Whoever violates subsection (a) is guilty of disorderly conduct. Except as otherwise provided in this division, disorderly conduct is a minor misdemeanor. If the offender persists in disorderly conduct after reasonable warning or request to desist or if the offense is committed in the vicinity of a school, disorderly conduct is a misdemeanor of the fourth degree.

   (f)   Whoever violates subsection (b) is guilty of public intoxication. Except as otherwise provided in this division, public intoxication is a minor misdemeanor. If within one year of the offense, the offender previously has been convicted or plead guilty to a violation of subsection (b), public intoxication is a misdemeanor of the fourth degree.

   (g)   As used in this section, “committed in the vicinity of a school” has the same meaning as in Ohio R.C. 2925.01.

(ORC 2917.11; Ord. 02-028. Passed 2-19-02.)