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§ 509.05 MISCONDUCT AT AN EMERGENCY.
   (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 division, misconduct at an emergency is a misdemeanor of the fourth degree. If 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)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      (1)   EMERGENCY FACILITY. Has the same meaning as in R.C. § 2909.04.
      (2)   EMERGENCY FACILITY PERSON. The singular of EMERGENCY FACILITY PERSONNEL as defined in R.C. § 2909.04.
      (3)   EMERGENCY MEDICAL SERVICES PERSON. The singular of EMERGENCY MEDICAL SERVICES PERSONNEL as defined in R.C. § 2133.21.
(R.C. § 2917.13)
§ 509.06 INDUCING PANIC.
   (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 the 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)(1) of this section does not apply to any person conducting an authorized fire or emergency drill.
   (c)   (1)   Whoever violates this section is guilty of inducing panic.
      (2)   Except as otherwise provided in division (c)(3), inducing panic is a misdemeanor of the first degree.
      (3)   If a violation of this section results in physical harm to any person, inducing panic is a felony to be prosecuted under appropriate state law. If a violation of this section results in economic harm of $1,000 or more, inducing panic is a felony to be prosecuted under appropriate state law. If the public place involved in a violation of division (a)(1) is a school or an institution of higher education, inducing panic is a felony to be prosecuted under appropriate state law. If a violation of this section pertains to a purported, threatened or actual use of a weapon of mass destruction, inducing panic is a felony to be prosecuted under appropriate state law.
   (d)   (1)   It is not a defense to a charge under this section that pertains to a purported or threatened use of a weapon of mass destruction that the offender did not possess or have the ability to use a weapon of mass destruction or that what was represented to be a weapon of mass destruction was not a weapon of mass destruction.
      (2)   Any act that is a violation of this section and any other section of the Ohio Revised Code or these codified ordinances may be prosecuted under this section, the other section, or both sections.
   (e)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      (1)   BIOLOGICAL AGENT. Has the same meaning as in R.C. § 2917.33.
      (2)   ECONOMIC HARM. Any of the following:
         A.   All direct, incidental and consequential pecuniary harm suffered by a victim as a result of the 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 from 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 state or any political subdivision as a result of, or in making any response to, the criminal conduct that constituted the violation of this section or R.C. § 2917.32, or any substantially equivalent municipal ordinance, 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 R.C. § 2133.21.
      (4)   INSTITUTION OF HIGHER EDUCATION. Any of the following:
         A.   A state university or college as defined in 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 R.C. Chapter 1713;
         C.   A post-secondary institution with a certificate of registration issued by the State Board of Career Colleges and Schools pursuant to R.C. Chapter 3332.
      (5)   SCHOOL. Any school operated by a board of education or any school for which the Director of Education and Workforce prescribes minimum standards under 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. 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 other 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 D.1. of this definition and from which an item or device described in that division may be readily assembled.
(R.C. § 2917.31)
§ 509.07 MAKING FALSE ALARMS.
   (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 the 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. Except as otherwise provided in this division, making false alarms is a misdemeanor of the first degree. If a violation of this section results in economic harm of $1,000 or more, making false alarms is a felony to be prosecuted under appropriate state law. 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 to be prosecuted under appropriate state law.
   (d)   (1)   It is not a defense to a charge under this section that pertains to a purported or threatened use of a weapon of mass destruction that the offender did not possess or have the ability to use a weapon of mass destruction or that what was represented to be a weapon of mass destruction was not a weapon of mass destruction.
      (2)   Any act that is a violation of this section and any other section of the Ohio Revised Code or these 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 R.C. § 2911.21.
      (2)   ECONOMIC HARM and WEAPON OF MASS DESTRUCTION. Have the same meaning as in R.C. § 2917.31.
(R.C. § 2917.32)
§ 509.08 RESERVED.
§ 509.09 CURFEW.
   (a)   As used in this section:
      (1)   ESTABLISHMENT means any privately owned place of business carried on for a profit, or any place of amusement or entertainment to which the public is invited.
      (2)   MINOR means any person under the age of 18 years.
      (3)   OPERATOR means any individual, firm, association, partnership or corporation operating, managing or conducting any establishment; whenever used in 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.
      (4)   PARENT means 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.
      (5)   PUBLIC PLACE means any public street, highway, road, alley, park, playground, public building or vacant lot.
      (6)   REMAIN means to loiter, idle, wander, stroll or play in or upon.
      (7)   DRIVE OR RIDE AIMLESSLY means 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.
   (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, except that on Fridays and Saturdays, the hours shall be from 12:00 midnight to 6:00 a.m.
      (2)   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, except that on Fridays and Saturdays the hours shall be from 12:00 midnight to 6:00 a.m.
      (3)   This section does not apply to a minor who is:
         A.   Accompanied by a parent, guardian, or custodian;
         B.   Accompanied by an adult specified by a parent, guardian, or custodian;
         C.   Carrying out an errand or other lawful activity as directed by a parent, guardian, or custodian;
         D.   Occupying the sidewalk of the place where the minor resides, or the sidewalk of a place where the minor has permission from his or her parent or guardian to be, or the sidewalk of a next-door neighbor not communicating an objection to a police officer; or
         E.   Participating in, going to, or returning from:
            1.   Lawful employment;
            2.   A lawful athletic, educational, entertainment, religious, or social event; or
            3.   Interstate travel.
   (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, 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 entertainment in accordance with the provisions of this section.
   (d)   Employer responsibilities. No operator of an establishment or their agents or employees shall knowingly permit any minor to remain upon the premises of the establishment between the hours of 10:30 p.m. and 6:00 a.m. of the following day, except that on Fridays and Saturdays the hours shall be from 12:00 midnight to 6:00 a.m.
   (e)   Police officer’s duties. Any police officer who finds a minor violating any provisions of this section shall obtain information from the minor as to his or her name and address, age and the name of his or her parent 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.
   (f)   Violation. Each violation of the provisions of this section shall constitute a separate offense.
(Ord. H-58, passed 4-25-1966)
   (g)   Parental violation. Any parent who violates any provision of this section after having received notice of a prior violation as provided in division (e) hereof is guilty of a minor misdemeanor.
   (h)   Employer violation. Any operator of an establishment or any agents or employees of the operator who violates the provision of this section is guilty of a minor misdemeanor.
§ 509.10 DISTURBING THE PEACE.
   (a)   No person by any means and after a request to desist shall continue to make, or cause to be made any unreasonable and unnecessary noise of such a character, intensity and duration as to disturb the peace and quiet of the community or to be detrimental to the life or health of any individual, and no person by word, or act, shall willfully conduct himself or herself in a noisy, boisterous or other disorderly manner which disturbs the good order and quiet of the community.
   (b)   Whoever violates this section is guilty of a misdemeanor of the fourth degree.
(Ord. 142-1979, passed 1-14-1980; Ord. 69-1985, passed 9-9-1985)
§ 509.11 UNINTENTIONAL FALSE ALARMS.
   (a)   For purposes of this section, FALSE ALARM means an alarm signal which necessitates a response by the Police or Fire Division where an emergency situation does not exist.
   (b)   Whenever more than one false alarm from any given premises occurs more than one time in a six-month period, the owner of the property shall be fined a fee for the second false alarm within the six-month period as established and set forth in the fee schedule in Part One - Title Eleven, Chapter 205 of these codified ordinances. The amount of the fine shall be as set by ordinance from time to time. The fine for any additional false alarms during the six month period will increase as established and set forth in the fee schedule in Part One - Title Eleven, Chapter 205 of these codified ordinances. The amount of the fine shall be as set by ordinance from time to time.
(Ord. 99-58, passed 4-12-1999)
Cross-reference:
   Fee schedule, see § 205.01
§ 509.12 JUSTIFIABLE USE OF FORCE TO SUPPRESS RIOT.
   A law enforcement officer or firefighter engaged in suppressing a riot or in protecting persons or property during a riot:
   (a)   Is justified in using force, other than deadly force, when and to the extent he or she has probable cause to believe such force is necessary to disperse or apprehend rioters;
   (b)   Is justified in using force, including deadly force, when and to the extent he or she has probable cause to believe such force is necessary to disperse or apprehend rioters whose conduct is creating a substantial risk of serious physical harm to persons.
(R.C. § 2917.05)
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