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(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.
(c) (1) Whoever violates this section is guilty of failure to disperse.
(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.)
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)
(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.)
(a) No person, with purpose to prevent or disrupt a lawful meeting, procession, or gathering, shall do either of the following:
(1) Do any act which obstructs or interferes with the due conduct of the meeting, procession, or gathering.
(2) Make any utterance, gesture, or display which outrages the sensibilities of the group.
(b) Whoever violates this section is guilty of disturbing a lawful meeting. Except as otherwise provided in this division, disturbing a lawful meeting is a misdemeanor of the fourth degree. Disturbing a lawful meeting is a misdemeanor of the first degree if either of the following applies:
(1) The violation is committed with the intent to disturb or disquiet any assemblage of people met for religious worship at a tax-exempt place of worship, regardless of whether the conduct is within the place at which the assemblage is held or is on the property on which that place is located and disturbs the order and solemnity of the assemblage.
(2) The violation is committed with the intent to prevent, disrupt, or interfere with a virtual meeting or gathering of people for religious worship, through use of a computer, computer system, telecommunications device, or other electronic device or system, or in any other manner.
(c) As used in this section:
(1) "Computer." Has the same meaning as in Ohio R.C. 2913.01.
(2) "Computer system." Has the same meaning as in Ohio R.C. 2913.01.
(3) "Telecommunications device." Has the same meaning as in Ohio R.C. 2913.01.
(4) "Virtual meeting or gathering." A meeting or gathering by interactive video conference or teleconference, or by a combination thereof.
(ORC 2917.12)
(a) No person shall knowingly do any of the following:
(1) Hamper the lawful operations of any law enforcement officer, firefighter, rescuer, medical person, emergency medical services person, or other authorized person engaged in the person’s duties at the scene of a fire, accident, disaster, riot, or emergency of any kind;
(2) Hamper the lawful activities of any emergency facility person who is engaged in the person’s duties in an emergency facility;
(3) Fail to obey the lawful order of any law enforcement officer engaged in the law enforcement officer’s duties at the scene of or in connection with a fire, accident, disaster, riot, or emergency of any kind.
(b) Nothing in this section shall be construed to limit access or deny information to any news media representative in the lawful exercise of the news media representative’s duties.
(c) Whoever violates this section is guilty of misconduct at an emergency. Except as otherwise provided in this division, misconduct at an emergency is a misdemeanor of the fourth degree. If violation of this section creates a risk of physical harm to persons or property, misconduct at an emergency is a misdemeanor of the first degree.
(d) As used in this section:
(1) “Emergency facility” has the same meaning as in Ohio R.C. 2909.04.
(2) “Emergency facility person” is the singular of “emergency facility personnel” as defined in Ohio R.C. 2909.04.
(3) “Emergency medical services person” is the singular of “emergency medical services personnel” as defined in Ohio R.C. 2133.21.
(ORC 2917.13; Ord. 74-3. Passed 1-21-74.)
(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 the 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)(1) of this section does not apply to any person conducting an authorized fire or emergency drill.
(c) (1) Whoever violates this section is guilty of inducing panic.
(2) Except as otherwise provided in division (c)(3), inducing panic is a misdemeanor of the first degree.
(3) If a violation of this section results in physical harm to any person, inducing panic is a felony to be prosecuted under appropriate state law. If a violation of this section results in economic harm of $1,000 or more, inducing panic is a felony to be prosecuted under appropriate state law. If the public place involved in a violation of division (a)(1) is a school or an institution of higher education, inducing panic is a felony to be prosecuted under appropriate state law. If a violation of this section pertains to a purported, threatened or actual use of a weapon of mass destruction, inducing panic is a felony to be prosecuted under appropriate state law.
(d) (1) It is not a defense to a charge under this section that pertains to a purported or threatened use of a weapon of mass destruction that the offender did not possess or have the ability to use a weapon of mass destruction or that what was represented to be a weapon of mass destruction was not a weapon of mass destruction.
(2) Any act that is a violation of this section and any other section of the Ohio Revised Code or these 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 the 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 from 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 State or any political subdivision as a result of, or in making any response to, the criminal conduct that constituted the violation of this section or Ohio R.C. 2917.32, or any substantially similar municipal ordinance, 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 pursuant to Ohio R.C. Chapter 3332.
(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 other 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 D.1. of this definition and from which an item or device described in that division may be readily assembled.
(ORC 2917.31)
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