648.01 RIOT; AUTHORITY OF MAYOR.

(a) No person shall participate with four or more others in a course of disorderly conduct in violation of Ohio R.C. 2917.11 or a substantially similar municipal ordinance:

(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 the institution.

(b) No person shall participate with four or more others with purpose to do an act with unlawful force or violence, even though the act might otherwise be lawful.

(ORC 2917.03; Ord. 74-3. Passed 1-21-74.)

(c) The Mayor may, in case of riot or insurrection or when there is clear and present danger of a riot or insurrection, proclaim in writing a state of emergency.

(d) As part of such proclamation or by subsequent written order after such proclamation is issued, the Mayor may, at his discretion and as he deems necessary for the public safety:

(1) Delineate the boundaries of any area threatened by riot or insurrection and restrict or prohibit the movement of persons into, from or within such area;

(2) Establish a curfew within such area and prohibit persons from being out-of-doors during such curfew;

(3) Prohibit the sale, offering for sale, dispensing and transportation of firearms and other deadly weapons, ammunition, dynamite and other dangerous explosives, incendiary devices and any necessary ingredient thereof;

(4) Issue reasonable regulations to suppress such riot or insurrection or to protect persons or property from harm by reason of such riot or insurrection.

(e) When the danger from riot or insurrection has passed, the Mayor shall forthwith proclaim that such emergency has ended and any proclamation, order or regulation issued pursuant to this section shall then become void.

(f) The powers conferred by this section are in addition to any other power which may be conferred by law and nothing in this section shall be construed to modify or limit such authority, powers, duties and responsibilities of any officer or public official as may be provided by law. Nothing in this section shall be construed to permit suspension of the privilege to a writ of habeas corpus.

(Ord. 68-70. Passed 9-16-68.)

(g) Whoever violates or fails to comply with any of the provisions of this section or any proclamation, order or regulation issued and in effect pursuant to this section is guilty of a misdemeanor of the first degree. The penalty shall be as provided in Section 698.02.

(h) For the purposes of prosecuting violations of this section, the prosecution is not required to allege or prove that the offender expressly agreed with four or more others to commit any act that constitutes a violation of this section prior to or while committing those acts.

(ORC 2917.031)

Statutory reference:
Aggravated riot, felony provisions, see Ohio R.C. 2917.02

648.02 FAILURE TO DISPERSE.

(a) Where five or more persons are participating in a course of disorderly conduct in violation of Ohio R.C. 2917.11 or a substantially similar municipal ordinance, 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 the other persons to disperse. No person shall knowingly fail to obey the order.

(b) Nothing in this section requires persons to disperse who are peaceably assembled for a lawful purpose.

(2) Except as otherwise provided in division (c)(3) of this section, 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 division (a) of this section 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; Ord. 74-3. Passed 1-21-74.)

648.03 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.

(ORC 2917.05)

648.04 DISORDERLY CONDUCT.

(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 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) Making, continuing, or causing to be produced any loud, unnecessary or unusual noise or music that is likely to annoy, disturb or agitate the comfort, repose, health, or safety of others in the municipal limits. The following acts, among others that may not be listed here, shall be considered to be loud, unnecessary and unusual noise and as such shall be in violation of this section:

A. Radios and phonographs, etc. The using or operating or permitting to be operated any radio, stereo, amplifier, phonograph, musical instrument, or other machine or device designed to produce or reproduce any sound that would be likely to disturb the comfort, peace and quiet of neighboring inhabitants or vehicle operators. Any sound that is produced or reproduced from devices listed above from non-public places or residences after 10:00 p.m. and before 7:00 a.m. on any day, and for places of public entertainment, after 10:00 p.m. and before 7:00 a.m. Sunday through Thursday, and after 11:00 p.m. and before 7:00 a.m. Friday and Saturday, that may be clearly and definitely heard beyond a distance of 50 feet from the structure, vehicle or source of sound shall be prima-facie evidence of a violation of this section. Notwithstanding any other provision of this section, the using, operating, or permitting to be operated a machine or device designed to produce or reproduce sound shall not violate this section if the use is incident to an event open to the public and sponsored by or permitted by any of the following:

1. City of Newark;

2. An organized school-related program, activity or event;

3. An event approved by and in compliance with a variance granted by the Safety Director.

B. Loudspeakers or amplifiers. The using or operating or permitting to operate or to be played, used or operated any type of loudspeaker, amplifier, horn or other noise producing device for the purpose of commercial entertainment, advertising, or attraction of attention that would be likely to disturb the comfort, peace and quiet of neighboring inhabitants or vehicle operators. Any sound that is produced or reproduced from devices listed above from non-public places or residences after 10:00 p.m. and before 7:00 a.m. on any day, and for places of public entertainment, after 10:00 p.m. and before 7:00 a.m. Sunday through Thursday, and after 11:00 p.m. and before 7:00 a.m. Friday and Saturday, that may be clearly and definitely heard beyond 50 feet from the source of origin, shall be prima-facie evidence of a violation of this section. Notwithstanding any other provision of this section, using or operating a noise- producing device or permitting it to operate or to be played, used or operated shall not violate this section if the use or operation is incident to activities that are open to the public and sponsored by or permitted by any of the following:

1. The City of Newark;

2. An organized school-related program, acitivity, or event;

3. Any event approved and in compliance with a variance granted by the Safety Director.

C. Loading and unloading. Load, unload, open, close or otherwise handle boxes, crates, containers, building materials, garbage cans or similar objects between the hours of 10:00 p.m. and 7:00 a.m. of the following day in such a manner as to cause a noise disturbance across a residential real property boundary. This section does not apply to refuse collection vehicles which are governed by Section 1860.11 of the Codified Ordinance.

(b) 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.

(1) Except as otherwise provided in division (e)(2) 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.

E. The victim is a family or household member as defined in Section 636.17 and R.C. § 2919.25.

(d) As used in this section:

(1) "Committed in the vicinity of a school" has the same meaning as in R.C. § 2925.01.

(2) "Emergency facility" has the same meaning as in R.C. § 2909.04.

(3) "Emergency facility person" is the singular of "emergency facility personnel" as defined in R.C. § 2909.04.

(4) "Emergency medical services person" is the singular of "emergency medical services personnel" as defined in R.C. § 2133.21.

(Initiative Petition approved by voters 11-8-16; Ord. 22-44. Passed 11-21-22.)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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