(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.
(c) Whoever violates this section is guilty of disorderly conduct.
(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.)