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(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;
(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 subsection, misconduct at an emergency is a minor misdemeanor. If a 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:
(1) “Emergency medical services person” is the singular of “emergency medical services personnel” as defined in Ohio R.C. 2133.21.
(2) “Emergency facility person” is the singular of “emergency facility personnel” as defined in Ohio R.C. 2909.04.
(3) “Emergency facility” has the same meaning as in Ohio R.C. 2909.04.
(ORC 2917.13)
(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 such 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) hereof does not apply to any person conducting an authorized fire or emergency drill.
(c) Whoever violates this section is guilty of inducing panic, a misdemeanor of the first degree. If inducing panic results in physical harm to any person, economic harm of one thousand dollars ($1,000) or more, if the public place involved in a violation of this section is a school or an institution of higher education, or if the violation pertains to a purported, threatened or actual use of a weapon of mass destruction, inducing panic is a felony and shall be prosecuted under appropriate State law.
(d) Any act that is a violation of this section and any other section of the Codified Ordinances may be prosecuted under this section, the other section, or both sections.
(e) As used in this section:
(1) “Biological agent” has the same meaning as in Ohio R.C. 2917.33.
(2) “Economic harm” means any of the following:
A. All direct, incidental, and consequential pecuniary harm suffered by a victim as a result of 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 for the time that a business is shut down as a result of the criminal conduct;
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 Municipality as a result of, or in making any response to, the criminal conduct that constituted the violation of this section or Section 509.07, 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.
(3) “Emergency medical services personnel” has the same meaning as in Ohio R.C. 2133.21.
(4) “Institution of higher education” means any of the following:
A. A state university or college as defined in Ohio 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 Chancellor of Higher Education pursuant to Ohio R.C. Chapter 1713.
C. A post-secondary institution with a certificate of registration issued by the State Board of Career Colleges and Schools under Ohio R.C. Chapter 3332. (ORC 2917.31)
(5) “School” means any school operated by a board of education or any school for which the Director of Education and Workforce 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.
(6) “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 their 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;
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;
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 (e)(3)D.1. of this section and from which an item or device described in that division may be readily assembled.
(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;
(3) Report to any law enforcement agency an alleged offense or other incident within its concern, knowing that such offense did not occur.
(4) 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 impede the operation of a critical infrastructure facility.
(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, a misdemeanor of the first degree. If a violation of this section results in economic harm of one thousand dollars ($1,000) or more, or 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 and shall be prosecuted under appropriate State law.
(d) Any act that is a violation of this section and any other section of the Codified Ordinances may be prosecuted under this section, the other section, or both sections.
(e) As used in this section:
(1) “Critical infrastructure facility” has the same meaning as in Ohio R.C. 2911.21.
(ORC 2917.32)
(a) No person having the control and custody of or being the parent or guardian of a minor under the age of eighteen years shall knowingly permit such minor to, nor shall such minor be outside the confines of his homesite and congregate, wander, loiter or play upon the streets and other public places of the Municipality, unsupervised or unenclosed lands, or places of amusement and entertainment, on Sunday to Thursday, inclusive, between the hours of 10:00 p.m. and 5:00 a.m. the following day, and on Friday and Saturday between the hours of 11:30 p.m. and 5:00 a.m. the following day, official Municipal time. This section shall not apply to minors on an emergency errand or on legitimate business as directed by the parent, guardian or custodian, nor to minors accompanied by the parent, guardian or custodian, or some other person over twenty-one years of age who has been given responsibility for such minor’s control and custody by the person legally responsible for the discipline of the minor.
(b) Any school, church, lodge or other organization sponsoring functions wherein minors in attendance will be out at a later hour than provided for in this section shall obtain the Mayor’s approval to have the minors remain to the time when the entertainment will end. All minors attending such function shall be required to be within the confines of their respective homesites one-half hour after such function is ended.
(c) Whoever violates this section is guilty of a minor misdemeanor. Any minor violating subsections (a) or (b) hereof shall be dealt with in accordance with Juvenile Court law and procedure.
(Ord. 92-56. Passed 7-9-92.)
(a) No minor shall loiter in or about any business or public place between 10:00 p.m. and 6:00 a.m. of the following day, except that on Fridays and Saturdays the hours shall be from 11:00 p.m. to 6:00 a.m. of the following day.
(b) No minor shall drive or ride aimlessly in a motor vehicle, motorcycle or bicycle between 10:00 p.m. and 6:00 a.m. of the following day, except that on Fridays and Saturdays the hours shall be from 11:00 p.m. to 6:00 a.m. of the following day.
(c) The provisions of this section shall not apply to a minor accompanied by a parent, a minor proceeding home, a minor on an errand directed or approved by a parent, or a minor engaged in gainful and lawful employment.
(d) As used in this section, the following definitions shall apply:
(1) "Minor" means any person under the age of eighteen years.
(2) "Business" means any privately owned or operated retail establishment including service stations, restaurants and places of a similar nature and any place of amusement or entertainment to which the public or certain members thereof are invited.
(3) "Operator" means any individual, firm, association, partnership or corporation operating, managing or conducting any business and, as applied to associations or partnerships, includes the members or partners thereof, and as applied to corporations, includes the officers thereof.
(4) "Parent" includes any natural parent, guardian or any adult person over twenty-one years of age responsible for the care and custody of a minor.
(5) "Public place" means any public street, highway, road, alley, park, playground, public building, vacant lot or privately owned property permitted to be used by the public or certain members thereof.
(6) "Loiter" means to idle, loaf, linger or to wander or to stroll aimlessly.
(7) "Drive" or "ride aimlessly" means to drive or ride in a motor vehicle, motorcycle or bicycle in a circuitous route or to joy ride.
(e) No parent shall knowingly permit any minor in his charge to loiter in or about any business or public place or to drive or ride aimlessly between 10:00 p.m. and 6:00 a.m. of the following day, except that on Fridays and Saturdays the hours shall be 11:00 p.m. to 6:00 a.m. of the following day.
(f) No operator of a business or the agents or employees thereof, shall knowingly permit any minor to loiter upon the premises of the business between 10:00 p.m. and 6:00 a.m. of the following day, except that on Fridays and Saturdays the hours shall be from 11:00 p.m. to 6:00 a.m. of the following day.
(g) Any police officer who finds a minor in violation of this section shall obtain from the minor his name, address and age, and the names of his parents, and any other information that the officer deems pertinent to the incident. The minor shall thereupon be instructed to proceed to his home forthwith. If, in the officer's opinion, the minor will not obey these instructions by the officer, the minor is to be taken to Police Headquarters and his parents called to come into the office to take possession of the minor. A written notice shall be mailed by the Police Department to the parents of the minor, advising of the violation of this section.
(h) Any parent, who after having received at least one written notice of the violation of this section by a minor, violates subsection (e) hereof, is guilty of a minor misdemeanor.
Any operator of a business, or agent or employee thereof, who violates subsection (f) hereof, is guilty of a minor misdemeanor.
Each violation of any provision of this section shall constitute a separate offense.
(Ord. 92-65. Passed 8-20-92.)
(a) No person shall loiter, loaf, wander, stand or remain idle either alone and/or in consort with others in a public place in such manner so as to:
(1) Obstruct any public street, public highway, public sidewalk or any other public place or building by hindering or impeding or tending to hinder or impede the free and uninterrupted passage of vehicles, traffic or pedestrians.
(2) Commit in or upon any public street, public highway, public sidewalk, or any other public place or building any act or thing which is an obstruction or interference to the free and uninterrupted use of property or with any business lawfully conducted by anyone in or upon or facing or fronting on any such public street, public highway, public sidewalk or any other public place or building, all of which prevents the free and uninterrupted ingress, egress, and regress, therein, thereon, and thereto, unless properly authorized.
(3) Linger about the doorway of any building, or sit or linger upon the steps, windowsills, railings, fence or parking area adjacent to any building in such a manner as to obstruct or partially obstruct ingress to or egress from such building or in such a manner to annoy the owner or occupant.
(4) Remain for more than five minutes on any private business premise which is posted with a conspicuous sign containing the words “No Loitering” when:
A. The business establishment is closed;
B. The person charged does not visibly demonstrate any intent to conduct business at the establishment or to leave the premise after having conducted such business; or
C. After having been asked by the owner or occupant of the business to leave the premise.
(5) Remain for more than five minutes on any public business premise or private nonbusiness premise which is posted with a conspicuous sign containing the words “No Loitering” when:
A. The public business premise neither has been nor will be open for business in thirty minutes; or
B. The private nonbusiness premise is occupied or not.
(6) Linger for any length of time upon any public or private premises or move in a slow and deliberate manner without purpose, or otherwise interfere with, obstruct or render dangerous or unreasonable for passage, any public highway, sidewalk, parking area or right of way after having been warned, either orally or in writing by the owner, agent, manager, or person in charge thereof, or by any law enforcement officer that such conduct will result in a charge or citation to court under this section.
(b) When any person causes or commits any of the conditions enumerated hereinabove, a police officer or any such law enforcement officer shall order that person to stop causing or committing such condition and to move on or disperse. Any person who fails or refuses to obey such orders shall be guilty of a violation of this section.
(c) Whoever violates any provision of this section is guilty of a minor misdemeanor.
(Ord. 97-18. Passed 3-20-97.)
(a) No owner of a motor vehicle, operator of a motor vehicle, or person in physical control of a motor vehicle shall recklessly play, cause to be played, or permit to be played any sound generating or sound-amplifying device located within or upon such motor vehicle at such a level, volume, frequency or intensity that the sound emitted exceeds the capacity of such motor vehicle to fully absorb, insulate, deaden, shield or muffle the sound being emitted so that such sound is inaudible to persons located outside the motor vehicle in which the sound generating or sound-amplifying device is located.
(b) “Sound” shall be defined as any humanly audible stimulus.
(c) This provision shall not apply to:
(1) Sound generated by motor vehicle alarm devices for and during such a reasonable period as is necessary to permit the owner to silence the device without danger of attack or injury, or to obtain the assistance of public safety officials, whichever period is shorter;
(2) Sound caused by motor vehicle collisions, loss of control of a motor vehicle or sudden or severe application of the brakes of a motor vehicle;
(3) Sound resulting from damage caused by a motor vehicle collision which cannot be silenced because of damage done in the collision;
(4) Sound created by a motor vehicle and/or emergency vehicle, when engaged in responding to an emergency; and while at the scene of an emergency, or when testing their equipment;
(5) Sound resulting from any repair or restoration work upon a motor vehicle;
(6) Sound resulting from any work required to protect persons or property from exposure to danger;
(7) Sound emanating directly from a motor vehicle engine;
(8) Sound caused by contact between any part of a motor vehicle and the traveled portion of the roadway; and
(9) Sound from amplifier systems during any parade sanctioned by the Mayor or Service Director.
(d) Whoever violates this section is guilty of a minor misdemeanor, punishable pursuant to Section 501.99 of the Martins Ferry Codified Ordinances.
(Ord. 2002-08. Passed 2-21-02.)
(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)
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