(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 an offensively coarse utterance, gesture or display, or communicating unwarranted and grossly abusive language to any person;
(3) Insulting, taunting or challenging another, under circumstances in which that 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.
(6) Creating or causing the creation of noise so as to disturb or disrupt the peace and quiet of any reasonable person of normal sensitivity, including, but not limited to the following:
A. The emission of sound in such a manner as to be plainly audible at a distance 75 feet from the building, structure, vehicle, equipment, machinery, animal or fowl from which the sound is emanating.
(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 or she 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 himself, herself 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 division (b) of this section.
(d) If a person appears to an ordinary observer to be intoxicated, it is probable cause to believe that the person is voluntarily intoxicated for purposes of division (b) of this section.
(e) Whoever violates this section is guilty of disorderly conduct.
(1) Except as otherwise provided in divisions (e)(2) and (e)(3) of this section, disorderly conduct is a minor misdemeanor.
(2) 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.
(3) If an offender previously has been convicted of or pleaded guilty to three or more violations of division (b) of this section, R.C. § 2917.11(B), or any substantially equivalent state law or municipal ordinance, a violation of division (b) of this section is a misdemeanor of the fourth degree.
(f) For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) "Committed in the vicinity of a school." Has the same meaning as in RC. § 2925.01.
(2) "Emergency facility." Has the same meaning as in R.C. § 2909.04.
(3) "Emergency facility person." The singular of "emergency facility personnel" as defined in RC. § 2909.04.
(4) "Emergency medical services person." The singular of "emergency medical services personnel" as defined in RC. § 2133.21.
(g) Exemptions to (a) include the following:
(1) Sound emanating from scheduled events conducted, sponsored or permitted by the village or schools;
(2) Construction operations occurring between the hours of 7:00 a.m. and 9:00 p.m., provided that all equipment is operated in accordance with the manufacturer's specifications and/or with all standard manufacturer's mufflers and noise-reducing equipment in use and in proper operating condition;
(3) Construction operations conducted by the village as approved by Village Council;
(4) The loading and/or unloading of commercial waste receptacles between the hours of 7:00 a.m. and 9:00 p.m. within 500 yards of any residentially zoned property;
(5) Noise of safety signals, warning devices, emergency pressure relief valves, and church bells;
(6) Noise resulting from any authorized emergency vehicle;
(7) Lawn mowers and other similar motorized landscaping equipment used between 7:00 a.m. and 9:00 p.m. when operated with all the manufacturer's standard muffler and/or sound reducing equipment in use and in proper operating condition;
(8) Emergency work as authorized by the village; and
(9) Noise related to the discharge of blank ammunition when conducted in conjunction with a funeral, patriotic event or such other activity as specifically authorized by Mayor or Mayor's designee. (Ord. 12-2021, passed 8-18-2021)
Statutory reference:
Disorderly conduct, see R.C. §§ 2917.11