Loading...
(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) Definitions. For the purpose of this section, the following terms, phrases, words or their derivations have the meanings given herein:
(1) "Minor" means any person less than eighteen years of age.
(2) "Parent" means any person having legal custody of a minor:
A. As a natural or adoptive parent, or
B. As a legal guardian, or
C. As a person to whom legal custody has been given by court order.
(3) "Public place" means any street, highway, alley or right of way, to include sidewalks; any park, playground, ground, place or building open to the public; any privately- or publicly-owned place of amusement, entertainment or public accommodation, to include parking lots and other areas adjacent thereto; and any vacant lot or land or, without the consent of the owner, any private property.
(4) "Time of night" referred to herein, is based upon the prevailing standard of time, generally observed at that hour by the public in the Municipality, prima facie the time then observed in the Municipal Administrative Offices and Police Station.
(5) "Year of age" continues from one birthday, such as the seventeenth to, but not including the date of the next, such as the eighteenth birthday, making it clear that seventeen or less years of age is herein treated as equivalent to the phrase "under eighteen years of age". Similarly, for example, eleven or less years of age means under twelve years of age.
(Ord. 85-95. Passed 6-26-95.)
(Ord. 85-95. Passed 6-26-95.)
(b) Curfew Hours.
(1) No minor shall be in or upon any public place Sunday through Thursday during the following times of night:
A. Between 10:00 p.m. and 6:00 a.m. for minors fifteen or less years of age.
B. Between 11:00 p.m. and 6:00 a.m. for minors sixteen or more years of age.
(2) No minor shall be in or upon any public place on Friday or Saturday during the following times of night:
A. Between 11:00 p.m. and 6:00 a.m. for minors fifteen or less years of age.
B. Between 12:00 a.m. and 6:00 a.m. for minors sixteen or more years of age.
(3) A minor shall not be in violation of this section if:
A. He is accompanied by his parent, guardian, or an adult person having the legal care, custody, and control of his person.
B. He is accompanied by an adult person having the permission of one of the persons mentioned in subsection A. of this section; or
C. He is going directly to or from any lawful activity, entertainment, or employment with knowledge and consent of the parent, guardian, or adult person having the legal care, custody and control of his person. All minors attending functions outlined herein shall be required to be within the confines of their respective home sites one-half hour after such function is ended.
(Ord. 1-17. Passed 1-9-17.)
(Ord. 1-17. Passed 1-9-17.)
(c) Penalty for Minor. Any minor violating the provisions of this section shall be guilty of curfew violation, a minor misdemeanor for the first offense. If the offender has been previously convicted of curfew violation, all subsequent violations of this section are a misdemeanor of the fourth degree.
(Ord. 85-95. Passed 6-26-95.)
(d) Adult Responsibility.
(1) A. No parent having legal custody of a minor shall recklessly allow such minor to be in or upon any public place in violation of this chapter.
(Ord. 65-98. Passed 4-13-98.)
B. If shall be an affirmative defense to this section that such parent has within thirty days preceding the alleged violation, filed or caused to be filed, a complaint against such minor under Ohio R.C. 2151.27.
(2) No responsible adult person eighteen years of age or older shall be in the company of any minor under the age of eighteen in or upon any public place during the hours specified in subsection (b) hereof, unless such adult has permission from such minor's parent to be in the company of said minor during such hours.
(3) The owner, operator or any employee of an establishment commits an offense if he knowingly allows a minor to remain within the premises of the establishment during curfew hours.
(e) Penalty for Adult. An adult who violates this section is guilty of a minor misdemeanor for the first offense and a misdemeanor of the fourth degree for each subsequent offense. These charges may be filed in either Medina Municipal Court or Medina County Juvenile Court, at the City's discretion.
(f) Exceptions.
(1) In the following exceptional cases, a minor in or upon a public place during the nocturnal hours for which this section is intended to provide the maximum limits of regulation shall not be considered in violation of this chapter:
A. When accompanied by a parent of such minor.
B. When accompanied by an adult authorized by a parent of such minor to take the parent's place in accompanying the minor for a designated period of time and purpose within a specified area.
C. When exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion and freedom of speech.
D. In case of reasonable necessity after such minor's parent has communicated to the Police Department personnel the facts establishing such reasonable necessity and designating the minor's proposed location, route, purpose and the period of time the minor will be in or upon a public place.
E. When returning home by a direct route from, and within thirty minutes of, the termination of verifiable employment or participation in an official school or religious activity.
(Ord. 85-95. Passed 6-26-95.)
(a) No minor between the ages of six and eighteen years of age shall be in any place within the jurisdiction of the Medina City School District or the Medina County Joint Vocational School District except in attendance at their assigned school during normal school hours on any school day unless:
(1) The minor has written proof from school authorities that he or she is excused from school attendance at their particular time; or
(2) The minor is accompanied by his or her parent or legal guardian or a responsible adult selected by the parent or legal guardian to supervise the child; or
(3) The minor is employed pursuant to an age and schooling certificate, during actual working hours or traveling directly to or from the job site; or
(4) The minor’s attendance is excused pursuant to attendance policy of the Medina City School District or the Medina County Joint Vocational School District.
It shall be an affirmative defense to this section that the minor is not required by state law to be in attendance at school.
(b) No parent or legal guardian of a minor between the ages of six and eighteen years of age shall negligently allow a minor to violate subsection (a) hereof.
It shall be an affirmative defense to this section that the parent or legal guardian has initiated the jurisdiction of the Medina County Juvenile Court against the minor prior to the time that the minor was found violating subsection (a) hereof.
(c) A police officer, school attendance officer, or probation or parole officer, when applicable, shall transport any minor found violating subsection (a) hereof to a location designated by the student’s attending school district. No minor transported to the designated location will be released from the designated location except into the custody of his or her parent, guardian, or person designated by the parent.
(d) Any minor who violates subsection (a) hereof is subject to the jurisdiction of the Medina County Juvenile Court and is cited as an “unruly child” (ORC 2151.022) and is to be adjudicated as follows:
(1) First offense: Waiveable fine of fifty dollars ($50.00). The fine will be waived upon achieving thirty days of school attendance documented by the attendance policy of the Medina City School District or the Medina County Joint Vocational School District as determined by the student’s enrollment.
(2) Second offense: If thirty or more days have elapsed since the last offense, a waiveable fine of seventy-five dollars ($75.00); if less than thirty days have elapsed since the last offense, the fine of seventy-five dollars ($75.00) and a mandatory court appearance. The fine will be waived upon achieving thirty days of school attendance documented by the attendance policy of the Medina City School District or the Medina County Joint Vocational School District as determined by the student’s enrollment.
(3) Third offense: A fine of one hundred fifty dollars ($150.00) and a mandatory court appearance. The fine can be waived after the completion of twenty hours of community service as directed by the Medina County Juvenile Court or sixty days of school attendance documented by the attendance policy of the Medina City School District or the Medina County Joint Vocational School District as determined by the student’s enrollment.
(e) Whoever violates subsection (b) hereof is guilty of failure to supervise a child.
(1) First offense. The offender shall be subject to a fine of up to two hundred fifty dollars ($250.00) and/or ordered to perform community service. The Court may suspend the fine and/or community service if the person charged completes a parenting class as directed by the Medina County Juvenile Court.
(2) Second offense and/or additional offenses. The offender shall be subject to a fine of up to five hundred dollars ($500.00) and/or ordered to perform community service for each offense. Fifty percent (50%) of all fines are to be returned back to the Medina City School District or the Medina County Joint Vocational School District as determined by the student’s enrollment, for the Schools Truancy Prevention Program to help defray costs of educational component.
(Ord. 10-04. Passed 1-26-04.)
(a) (1) If a minor is suspended or expelled from school, or otherwise not attending school, that minor’s parent or legal guardian shall be responsible for the following:
A. Personally supervising the minor or arranging for a responsible adult to supervise the minor at the times that the minor would have been required to be in attendance at school;
B. Prohibiting the minor from being in any place except their assigned school at the time that the minor would have been required to be in attendance at school unless:
1. The minor is accompanied by his or her parent or legal guardian or a responsible adult selected by the parent or legal guardian to supervise the child; or
2. The minor is employed pursuant to an age and schooling certificate, during actual working hours or traveling directly to or from the job site.
(b) The following shall be affirmative defenses to this section:
(1) The minor is not required by state law to be in attendance at school; or
(2) The parent or legal guardian has initiated the jurisdiction of the Medina County Juvenile Court against the minor prior to the time that the minor was found violating subsection (a) hereof.
(c) Whoever violates this section is guilty of failing to supervise a child. Upon first conviction, the offender shall be subject to a fine of up to two hundred fifty dollars ($250.00) and/or offered to perform community services. The Court may suspend the fine and/or community service if the person charged completes a parenting class as directed by the Medina County Juvenile Court.
For conviction of a second offense and/or additional offenses, the offender shall be subject to a fine of up to five hundred dollars ($500.00) and/or ordered to perform community service for each offense.
Fifty percent (50%) of all fines are to be returned back to the Medina City School District or the Medina County Joint Vocational School District as determined by the student’s enrollment, for the Schools Truancy Prevention Program to help defray costs of educational component. (Ord. 10-04. Passed 1-26-04.)
(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)
Loading...