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(a) No person shall install any motor vehicle or business establishment, except emergency vehicles as defined in subsection (b) hereof or places established by Municipal, County, State or Federal authority for governmental purposes, any frequency modulation radio receiving equipment so adjusted or tuned as to receive messages or signals on frequencies assigned by the Federal Communications Commission to police or law enforcement officers of any city or county of the State, or to the State or any of its agencies. However, nothing contained herein shall be construed to affect any radio station licensed by the Federal Communications Commission.
(b) As used in this section "emergency vehicle" means:
(1) Any motor vehicle used by any law enforcement officer or an employee of any city or county of the State, the Federal Bureau of Investigation or the Armed Forces of the United States, while on official business;
(2) Any fire department vehicle of any city or county of the State, or any vehicle of the State Fire Marshal Division of the State Department of Commerce;
(3) Any motor vehicle designated as an emergency vehicle by the Director of Public Safety when such vehicle is to be assigned the use of frequencies assigned to the State;
(4) Any motor vehicle designated as an emergency vehicle by the sheriff of any county in the State when such vehicle is to be assigned the use of frequencies assigned to such county;
(5) Any motor vehicle designated as an emergency vehicle by the Chief of Police of any city in the State when such vehicle is to be assigned the use of frequencies assigned to such city.
(c) This section shall not apply to a holder of a valid amateur radio operator or station license issued by the Federal Communications Commission.
(Ord. 63-32. Passed 6-4-62.)
(d) Whoever violates this section is guilty of a misdemeanor of the third degree and shall be subject to the penalty provided in Section 698.02.
(a) No person shall knowingly engage in conduct designed to urge or incite another to commit any offense of violence when either of the following apply:
(1) The conduct takes place under circumstances that create a clear and present danger that any offense of violence will be committed.
(2) The conduct proximately results in the commission of any offense of violence.
(b) Whoever violates this section is guilty of inciting to violence. If the offense of violence that the other person is being urged or incited to commit is a misdemeanor, inciting to violence is a misdemeanor of the first degree. If the offense of violence that the other person is being urged or incited to commit is a felony, inciting to violence is a felony to be prosecuted under appropriate State law.
(ORC 2917.01)
(a) The following definitions shall apply in this section:
(1) "Aggressively Beg" means to beg with the intent to intimidate another person into giving money, goods, or other property of value to the one begging.
(2) "Automated Teller Machine" means a device linked to a financial institutions account records that is capable of carrying out transaction(s), including but not limited to, account transfers, deposits, withdrawals, balance inquiries, and mortgage and loan payments.
(3) "Beg" means to ask for money, goods, or other property of value as a charity, whether by words, gestures, signs, or other means.
(4) "Intimidate" means to engage in conduct which would make a reasonable person fearful or feel compelled to act in a certain manner or to achieve a certain result.
(5) "Obstruct Pedestrian or Vehicular Traffic" means to walk, stand, sit, lie, or place an object in such a manner as to block passage by another person or by a vehicle, or to require another person or vehicle to take evasive action to avoid physical contact. Acts constituting an exercise of one's constitutionally protected right to protest or to express a particular opinion of legitimate public import shall not constitute obstruction of pedestrian or vehicular traffic if conducted in a reasonable, safe, and lawful manner.
(b) No person shall intentionally obstruct pedestrian or vehicular traffic while on the street, sidewalk, or other public place, whether publicly or privately owned, within the limits of the City of Newark, Ohio.
(c) No person shall aggressively beg while on the street, sidewalk, or other public place, whether publicly or privately owned, within the limits of the City of Newark, Ohio.
(d) When determining whether intimidation is present in a persons words or actions pursuant to this section, the trier of fact shall consider the time of day, whether the person begging acted alone or in concert with others, the relative physical size of the persons involved, any stated or implied threat to the other person, their immediate companions, or any property in their immediate possession, as well as all other factors affecting consideration of whether a reasonable person would feel fearful or compelled to give the person begging either money or other items of value.
(e) Proof of any of the following factors shall constitute prima facie evidence that the begging in question was done with the intent to intimidate another:
(1) That the begging was conducted within 20 feet of the entrance to or exit from a check cashing business as defined by Ohio R.C. 1315.21(c).
(2) That the begging was conducted within 20 feet of an automated teller machine as defined herein or the entrance to or exit from an automated teller machine facility.
(3) That the person begging approached the operator or occupant of a motor vehicle while the vehicle was located on any street and offered to perform a service, performed a service without prior grant of permission and then demanded payment for such service, or offered to sell goods or services for more than their usual or customary value.
(4) That the person begging intentionally touched or caused physical contact with the other person without consent in the course of begging, followed the other person before, after, or during the course of begging, or persisted in begging after the other person had given a response that a reasonable person would understand to be in the negative to such request.
(5) That the person begging employed the use of violent or threatening words, phrases, or gestures toward the other person in the course of begging.
(f) Whoever violates section 648.14(b) is guilty of pedestrian or vehicular interference, a misdemeanor of the fourth degree. If a person has been previously convicted of a violation of section 648.14 (b) or any other substantially similar state statute or municipal ordinance, the offense of pedestrian or vehicular interference is a misdemeanor of the third degree.
(g) Whoever violates section 648.14(c) is guilty of aggressive panhandling, a misdemeanor of the third degree. If a person has been previously convicted of a violation of section 648.14 (c) or any other substantially similar state statute or municipal ordinance, the offense of pedestrian or vehicular interference is a misdemeanor of the second degree.
(Ord. 07-6. Passed 2-5-07.)
(a) No person, without privilege to do so, shall recklessly obstruct any highway, street, sidewalk, or any other public passage in such a manner as to render the highway, street, sidewalk, or passage impassable without unreasonable inconvenience or hazard if both of the following apply:
(1) The obstruction prevents an emergency vehicle from accessing a highway or street, prevents an emergency service responder from responding to an emergency, or prevents an emergency vehicle or an emergency service responder from having access to an exit from an emergency.
(2) Upon receipt of a request or order from an emergency service responder to remove or cease the obstruction, the person refuses to remove or cease the obstruction.
(b) Division (a) of this section does not limit or affect the application of Ohio R.C. 2921.31 or any other section of the Ohio Revised Code. Any conduct that is a violation of division (a) of this section and that also is a violation of Ohio R.C. 2921.31 or any other section of the Ohio Revised Code may be prosecuted under this section, the other section of the Ohio Revised Code, or both sections.
(c) Whoever violates this section is guilty of unlawfully impeding public passage of an emergency service responder, a misdemeanor of the first degree.
(d) As used in this section, "emergency service responder" has the same meaning as in Ohio R.C. 2903.13.
(ORC 2917.14)