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(a) Where five or more persons are participating in a course of disorderly conduct in violation of Section 509.03, and there are other persons in the vicinity whose presence creates the likelihood of physical harm to persons or property or of serious public inconvenience, annoyance or alarm, a law enforcement officer or other public official may order the participants and such other persons to disperse. No person shall knowingly fail to obey such order.
(b) Nothing in this section requires persons to disperse who are peaceably assembled for a lawful purpose.
(c) (1) Whoever violates this section is guilty of failure to disperse.
(2) Except as otherwise provided in subsection (c)(3) hereof, failure to disperse is a minor misdemeanor.
(3) Failure to disperse is a misdemeanor of the fourth degree if the failure to obey the order described in subsection (a) hereof, creates the likelihood of physical harm to persons or is committed at the scene of a fire, accident, disaster, riot, or emergency of any kind. (ORC 2917.04)
(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 which serves no lawful and reasonable purpose of the offender;
(5) Creating a condition which is physically offensive to persons or which presents a risk of physical harm to persons or property, by any act which 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 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.
(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) If a person appears to an ordinary observer to be intoxicated, it is probable cause to believe that person is voluntarily intoxicated for purposes of subsection (b) hereof.
(e) (1) Whoever violates this section is guilty of disorderly conduct.
(2) Except as otherwise provided in subsections (e)(3) and (e)(4), disorderly conduct is a minor misdemeanor.
(3) Disorderly conduct is a misdemeanor of the fourth degree if any of the following applies:
A. The offender persists in disorderly conduct after reasonable warning or request to desist.
B. The offense is committed in the vicinity of a school or in a school safety zone.
C. The offense is committed in the presence of any law enforcement officer, firefighter, rescuer, medical person, emergency medical services person, or other authorized person who is engaged in the person’s duties at the scene of a fire, accident, disaster, riot or emergency of any kind.
D. The offense is committed in the presence of any emergency facility person who is engaged in the person’s duties in an emergency facility.
(4) If an offender previously has been convicted of or pleaded guilty to three or more violations of subsection (b) of this section, a violation of subsection (b) of this section is a misdemeanor of the fourth degree.
(f) 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.
(4) “Committed in the vicinity of a school” has the same meaning as in Ohio R.C. 2925.01. (ORC 2917.11)
(a) No person, with purpose to prevent or disrupt a lawful meeting, procession or gathering, shall do either of the following:
(1) Do any act which obstructs or interferes with the due conduct of such meeting, procession or gathering;
(2) Make any utterance, gesture or display which outrages the sensibilities of the group.
(b) Whoever violates this section is guilty of disturbing a lawful meeting. Except as otherwise provided in this section, disturbing a lawful meeting is a misdemeanor of the fourth degree. Disturbing a lawful meeting is a misdemeanor of the first degree if either of the following applies:
(1) The violation is committed with the intent to disturb or disquiet any assemblage of people met for religious worship at a tax-exempt place of worship, regardless of whether the conduct is within the place at which the assemblage is held or is on the property on which that place is located and disturbs the order and solemnity of the assemblage.
(2) The violation is committed with the intent to prevent, disrupt, or interfere with a virtual meeting or gathering of people for religious worship, through use of a computer, computer system, telecommunications device, or other electronic device or system, or in any other manner.
(c) As used in this section:
(1) “Computer” has the same meaning as in Ohio R.C. 2913.01.
(2) “Computer system” has the same meaning as in Ohio R.C. 2913.01.
(3) “Telecommunications device” has the same meaning as in Ohio R.C. 2913.01.
(4) “Virtual meeting or gathering” means a meeting or gathering by interactive video conference or teleconference, or by a combination thereof.
(ORC 2917.12)
(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 misdemeanor of the fourth degree. 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) “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.
(2) “School” means any school operated by a board of education or any school for which the state board of education 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.
(3) “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.
(4) “Biological agent” has the same meaning as in Ohio R.C. 2917.33.
(5) “Emergency medical services personnel” has the same meaning as in Ohio R.C. 2133.21.
(6) “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 Ohio Board of Regents 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)
(ORC 2917.31)
(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) Age Limit. Every minor shall be subject to the provisions of this section until such minor reaches his eighteenth birthday.
(b) Hours.
(1) No person fourteen years of age or under, unaccompanied by a parent or guardian, shall be on any street of the City after 10:00 p.m. on Sunday through Thursday nights, inclusive, or after 11:00 p.m. on Friday and Saturday nights.
(2) During the period of time that the public schools are in session, as defined in subsection (b)(4) hereof, no person between the ages of fifteen and seventeen years, inclusive, unaccompanied by a parent or guardian, shall be on any street of the City after 10:00 p.m. on any night preceding a school day. No person between the ages of fifteen and seventeen years, inclusive unaccompanied by a parent or guardian, shall be on any street of the City after 12:00 midnight on any night preceding a nonschool day.
(3) During the period of time that the public schools are not in session, as defined in subsection (b)(4) hereof, no person between the ages of fifteen and seventeen years, inclusive, unaccompanied by a parent or guardian, shall be on any street of the City after 11:00 p.m. on Monday through Thursday nights, inclusive. No person between the ages of fifteen and seventeen years, inclusive, unaccompanied by a parent or guardian, shall be on any street of the City after 12:00 midnight on Friday through Sunday nights, inclusive.
(4) For the purposes of this section, the period of time during which the public schools are not in session shall be defined as the period between the last official day of the school year, as determined by the Massillon Board of Education, and Labor Day. The period of time during which the public schools are in session will be defined as all other times.
(c) Liability of Parents. No parent or guardian of a person seventeen years of age or under shall permit such person to be on or about any street in the City in violation of this section. If a person seventeen years of age or under is found on or about any street in the City in violation hereof, it shall be prima-facie evidence of a violation of this section by a parent or guardian of such person. (Ord. 4393. Passed 3-5-45; Ord. 86-1965. Passed 6-21-65.)
(d) Penalty. Whoever violates any of the provisions of this section is guilty of a minor misdemeanor. Minors violating any of the provisions of this section shall be dealt with in accordance with Juvenile Court law and procedure.
(a) No person shall loiter or prowl in any public or private place at a time, in a manner or under circumstances which warrant alarm for the safety of persons or security of property in the surrounding area.
(b) Without limitation, the following circumstances may be considered in determining whether such alarm is warranted:
(1) The flight of a person upon the appearance of a police officer;
(2) Attempted concealment by a person upon the appearance of a police officer; or
(3) The systematic checking by a person of doors, windows or other means of access to buildings, houses or vehicles.
(c) For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them:
(1) "Loitering" includes the following activities: lingering, hanging around, delaying, sauntering and moving slowly about, where such conduct is not due to physical defects or conditions.
(2) "Private place" means and includes places privately owned but open to the public generally, such as shopping centers, retail stores, transportation terminals, movie theaters, office buildings, restaurants and all distinctly private places such as homes or private residences and apartment houses.
(3) "Public place" means and includes public streets and alleyways, public restrooms, public sidewalks, public parks, public buildings and Municipal airports.
(4) "Surrounding area" means that area easily and immediately accessible to the person under observation.
(d) Whoever violates this section is guilty of a minor misdemeanor.
EDITOR’S NOTE: Former Section 509.10 was repealed by Ordinance 23-2019, passed March 18, 2019.
(a) No person shall make, permit or cause to be made, any unreasonably loud, disturbing or unnecessary noise of such character, intensity and/or duration as to disturb the peace and quiet of the City.
(b) The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this section, but such enumeration shall not be deemed to be exclusive.
(1) Horns, signaling devices, etc. The sounding of any horn, bell or other signal or warning device on any automobile, motorcycle, bus or other vehicle, except as a danger or warning signal, but any such sounding of horn, bell or other signal or warning device as a danger or warning signal shall not be unreasonably loud or harsh or continued for an unnecessary length of time.
(2) Animals and birds. The keeping of any animal or bird which by causing frequent or long continued noise shall disturb the comfort and repose of any person in the vicinity.
(3) Defects in vehicle or load. The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such manner as to create loud or unnecessary grating, grinding, rattling or other noise.
(4) Loading, unloading, etc. The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers.
(5) Motor vehicle exhaust. The discharge into the open air of the exhaust of any motor vehicle, or internal combustion engine, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
(Ord. 182-2002. Passed 10-7-02.)
(Ord. 182-2002. Passed 10-7-02.)
(c) No person shall use any pile driver, shovel, hammer derrick, hoist tractor, roller or other mechanical apparatus operated by fuel or electric power in building or construction operations between the hours of sunset and 7:00 a.m. except by special permit issued by the Safety Service Director.
(d) Whoever violates this section is guilty of minor misdemeanor. If the offender has had one prior conviction of this offense, the second violation of this section is a misdemeanor of the fourth degree. If the offender has had two or more prior convictions of this offense, any subsequent violation of this section is a misdemeanor of the third degree.
(Ord. 58-2005. Passed 6-6-05.)
(a) The operation or maintenance of noise-making, noise-amplifying or noise- producing instruments or devices by which the peace or good order of a neighborhood is disturbed is hereby declared to be a nuisance. No person shall operate or maintain any radio, phonograph, tape player, compact disc player, loudspeaker or any noise-making device, or noise-amplifying device, in any public or private place by which the peace and good order of the neighborhood is disturbed or persons of ordinary sensibilities owning or occupying property in the neighborhood are disturbed or annoyed. “Neighborhood” includes the vicinity of any school, institution or learning, place of worship, court or hospital, while the same is in use. (Ord. 67-2011. Passed 5-16-11.)
(b) It shall be unlawful to use, operate or permit the operation of any loudspeaker, public address system, mobile sound vehicle or similar device amplifying sound therefrom on a public right-of-way or public space for any commercial purpose. It shall be unlawful to use, operate or permit for any noncommercial purposes any loudspeaker, public access system, mobile sound vehicle or similar device between the hours of 8:00 p.m. an 8:00 a.m. such that the sound therefrom creates a noise disturbance across a residential real property boundary.
(c) The Director of Public Safety or his designated representative shall have the authority, consistent with this section, to grant special variances.
(1) Any person seeking a special variance pursuant to this section shall file an application with the Director or his designated representative. The application shall contain information which demonstrates that bringing the source of sound or activity from which the special variance is sought into compliance with this section would constitute an unreasonable hardship on the applicant, community or other persons.
(2) In determining whether to grant or deny the applications, the Director or his designated representative shall balance the hardship to the applicant, the community and other persons, of not granting the special variance against the adverse impact on the health, safety and welfare of persons affected, the adverse impact on property affected, and any other adverse impact of granting the special variance. Any regulations of time, place and manner shall be independent of the content of the speech. Applicants for special variances and persons contesting special variances may be required to submit any information the Director or his representative may reasonably require.
(3) A special variance shall be granted by notice to the applicant containing all necessary conditions, including a time limit on the permitted activity. The special variance shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any conditions of the special variance shall terminate it and subject the person holding it to those provisions of this section regulating the source of sound or activity for which the special variance was granted.
(d) The provisions of this section shall not apply to the following:
(1) The emission of sound for the purpose of altering persons to the existence of an emergency or for the performance of emergency work; or
(2) Organized school-related programs, activities or events, or parades or other public programs, activities or events, authorized by the Director or his designated representative.
(e) Any violation of this section is declared to be a nuisance. In addition to any other relief provided by this section, the Law Director may apply to a court of competent jurisdiction for an injunction to prohibit the continuation of any violation of this section. Such application for relief may include seeking a temporary restraining order, preliminary injunction and permanent injunction.
(f) Whoever violates this section is guilty of a minor misdemeanor; if the offender has had one prior conviction of this offense, the second violation of this section is a misdemeanor of the fourth degree; if the offender has had two or more prior convictions of this offense, any subsequent violation of this section is a misdemeanor of the third degree.
(Ord. 182-2002. Passed 10-7-02.)
(a) No person operating or occupying a motor vehicle on a street, highway, alley, parking lot or driveway shall operate or permit the operation of any sound amplification system from within the vehicle so that the sound is plainly audible at a distance of fifty or more feet from the vehicle.
(b) “Sound amplification system” means any radio, tape player, compact disc player, loudspeaker or other electronic device used for the amplification of the human voice or musical instruments.
(c) “Plainly audible” means any sound produced by a sound amplification system from within the vehicle which can be heard at a distance of fifty feet or more. Measurement standards shall be by the auditory senses, based upon direct line of sight. Words or phrases need not be discernible and bass reverberations are included. The motor vehicle may be stopped, standing, parked or moving on a street, highway, alley, parking lot or driveway.
(d) It is an affirmative defense to a charge under this section that the operator was not otherwise prohibited by law from operating the sound amplification system and that nay of the following apply:
(1) The system was being operated to request medical or vehicular assistance or to warn of a hazardous road condition;
(2) The vehicle was an emergency or public safety vehicle;
(3) The vehicle was owned and operated by a governmental agency or a gas, electric, communications or refuse company;
(4) The system was used for the purpose of giving instructions, directions, talks, addresses, lectures or transmitting music to any persons or assemblages of persons in compliance with proper authorization by the City; or
(5) The vehicle was used in authorized public activities, such as parades, fireworks, sports events, musical productions and other activities which have the approval of the Department of the City authorized to grant such approval.
(e) Whoever violates this section is guilty of a minor misdemeanor; if the offender has had one prior conviction of this offense, the second violation of this section is a misdemeanor of the fourth degree; if the offender has had two or more prior convictions of this offense, any subsequent violation of this section is a misdemeanor of the third degree.
(f) Upon conviction of any person under this section, any sound amplification system which such person owns or possesses in violation of any of the provisions of this section shall be subject to confiscation in accordance with the provisions of Ohio R.C. 2933.41. (Ord. 182-2002. Passed 10-7-02.)
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