(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
Aggravated riot, felony provisions, see Ohio R.C. 2917.02