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Medina Overview
Codified Ordinances of Medina, OH
CODIFIED ORDINANCES OF MEDINA, OHIO
CERTIFICATION
DIRECTORY OF OFFICIALS
ADOPTING ORDINANCE NO. 19-77
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES
CHARTER
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 - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
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509.01 RIOT.
   (a)   No person shall participate with four or more others in a course of disorderly conduct in violation of Section 509.03:
      (1)   With purpose to commit or facilitate the commission of a misdemeanor, other than disorderly conduct;
      (2)   With purpose to intimidate a public official or employee into taking or refraining from official action, or with purpose to hinder, impede or obstruct a function of government;
      (3)   With purpose to hinder, impede or obstruct the orderly process of administration or instruction at an educational institution, or to interfere with or disrupt lawful activities carried on at such institution.
   (b)   No person shall participate with four or more others with purpose to do an act with unlawful force or violence, even though such act might otherwise be lawful.
   (c)   Whoever violates this section is guilty of riot, a misdemeanor of the first degree. (ORC 2917.03)
509.011 INCITING TO VIOLENCE.
   (a)   No person shall knowingly engage in conduct designed to urge or incite another to commit any offense of violence, when either of the following apply:
      (1)   The conduct takes place under circumstances that create a clear and present danger that any offense of violence will be committed;
      (2)   The conduct proximately results in the commission of any offense of violence.
   (b)   Whoever violates this section is guilty of inciting to violence. If the offense of violence that the other person is being urged or incited to commit is a misdemeanor, inciting to violence is a misdemeanor of the first degree. (ORC 2917.01)
509.02 FAILURE TO DISPERSE.
   (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)
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)   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)
509.031 USING UNREASONABLE SOUND AMPLIFYING DEVICES.
   (a)   No person shall generate or permit to be generated unreasonable noise or loud sound which is likely to cause inconvenience or annoyance to persons of ordinary sensibilities by means of a radio, phonograph, television, tape player, compact disc player, loud speaker or any other sound amplifying device or by a horn, drum, piano or other musical or percussion instrument.
   It is prima facie unlawful for a person to generate or permit to be generated sound by the above described devices or instruments in the following circumstances:
      (1)   On private property between the hours of 11:00 p.m. and 8:00 a.m. where the sound is audible more than sixty feet from the source of the sound; or
      (2)   In two-family and multi-family dwellings between the hours of 11:00 p.m. and 8:00 a.m. where the sound is audible beyond the confines of the unit from where the source of the sound is generated; or
      (3)   On a street, highway, in the public right of way, or any public or private property used by the public for purposes of vehicular travel or parking in this Municipality, where the sound is audible sixty feet from the device generating the sound. Persons in possession of a current permit or activities of a school are exempt from the provisions of this subparagraph.
   (b)   No person, being the owner, or person in possession of a premises or person in control of the premises by reason of employment, agency or otherwise whether such ownership, possession or control is exclusive or joint, shall permit a violation of this section.
   (c)   Warning and alarm devices which have the purpose of signaling unsafe or dangerous situations or calling for police are exempted from the prohibitions of this section when used for such purposes.
   (d)   Whoever violates this section is guilty of using unreasonable sound amplifying devices, a minor misdemeanor, except that if the offender persists in this violation after reasonable warning or request to desist, using unreasonable sound amplifying devices is a misdemeanor of the fourth degree. If the offender has previously been convicted of two or more violations of this section, a violation of this section is a misdemeanor of the fourth degree. (Ord. 122-99. Passed 6-14-99.)
509.032 CONSTRUCTION NOISE.
   (a)   No person shall create any noise or other nuisance by operating or permitting the operation of any tools or equipment used in construction, drilling or demolition work affecting any residence between the hours of 9:00 p.m. and 7:00 a.m.
 
   (b)   Whoever violates this section is guilty of a minor misdemeanor.
(Ord. 215-98. Passed 11-23-98.)
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