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Newburgh Heights Overview
Codified Ordinances of Newburgh Heights, OH
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509.04 DISTURBING A LAWFUL MEETING.
   (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 such 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 section, 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” means a meeting or gathering by interactive video conference or teleconference, or by a combination thereof.
         (ORC 2917.12)
509.05 MISCONDUCT AT AN EMERGENCY.
   (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 subsection, misconduct at an emergency is a misdemeanor of the fourth degree. If a 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 medical services person” is the singular of “emergency medical services personnel” as defined in Ohio R.C. 2133.21.
      (2)   “Emergency facility person” is the singular of “emergency facility personnel” as defined in Ohio R.C. 2909.04.
      (3)   “Emergency facility” has the same meaning as in Ohio R.C. 2909.04.
         (ORC 2917.13)
509.06 INDUCING PANIC.
   (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 such 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) hereof does not apply to any person conducting an authorized fire or emergency drill.
   (c)   Whoever violates this section is guilty of inducing panic, a misdemeanor of the first degree. If inducing panic results in physical harm to any person, economic harm of one thousand dollars ($1,000) or more, if the public place involved in a violation of this section is a school or an institution of higher education, or if the violation pertains to a purported, threatened or actual use of a weapon of mass destruction, inducing panic is a felony and shall be prosecuted under appropriate State law.
   (d)   Any act that is a violation of this section and any other section of the 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 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 for 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 Municipality as a result of, or in making any response to, the criminal conduct that constituted the violation of this section or Section 509.07, 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 under Ohio R.C. Chapter 3332.
            (ORC 2917.31)
      (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 their 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 (e)(3)D.1. of this section and from which an item or device described in that division may be readily assembled.
509.07 MAKING FALSE ALARMS.
   (a)   No person shall do any of the following:
      (1)   Initiate or circulate a report or warning of an alleged or impending fire, explosion, crime or other catastrophe, knowing that the report or warning is false and likely to cause public inconvenience or alarm;
      (2)   Knowingly cause a false alarm of fire or other emergency to be transmitted to or within any organization, public or private, for dealing with emergencies involving a risk of physical harm to persons or property;
      (3)   Report to any law enforcement agency an alleged offense or other incident within its concern, knowing that such offense did not occur.
      (4)    Initiate or circulate a report or warning of an alleged or impending fire, explosion, crime, or other catastrophe, knowing that the report or warning is false and likely to impede the operation of a critical infrastructure facility.
 
   (b)   This section does not apply to any person conducting an authorized fire or emergency drill.
   (c)   Whoever violates this section is guilty of making false alarms, a misdemeanor of the first degree. If a violation of this section results in economic harm of one thousand dollars ($1,000) or more, or if a violation of this section pertains to a purported, threatened, or actual use of a weapon of mass destruction, making false alarms is a felony and shall be prosecuted under appropriate State law.
   (d)   Any act that is a violation of this section and any other section of the Codified Ordinances may be prosecuted under this section, the other section, or both sections.
   (e)    As used in this section:
      (1)   “Critical infrastructure facility” has the same meaning as in Ohio R.C. 2911.21.
      (2)   “Economic harm”and “weapon of mass destruction” have the same meaning as in Section 509.06.
         (ORC 2917.32)
509.08 CURFEW.
   (a)   No person under the age of eighteen years shall be upon any public way or ground within the Village during the period from 10:00 p.m. to 6:00 a.m. of the following day.
   (b)   Subsection (a) hereof shall not apply to any person specified in such subsection under any of the following conditions:
      (1)   When such person is accompanied by such person's parent, guardian or member of such person's family who is eighteen years of age or older;
      (2)   When such person is upon an errand or other legitimate business under the immediate direction of a parent of such person; or
      (3)   When such person is engaged in a gainful lawful employment during the established curfew hours and is pursuing such employment at such time.
   (c)   No parent or legal guardian of any person specified in subsection (a) hereof shall purposely or knowingly permit such person to violate any of the provisions of this section.
   (d)   Whoever violates any of the provisions of this section is guilty of a minor misdemeanor. Punishment shall be as provided in Section 501.99. Minors violating any of the provisions of this section shall be dealt with in accordance with Juvenile Court law and procedure.
(Ord. 1984-23. Passed 8-21-84.)
509.09 LOUD NOISE FROM MOTOR VEHICLE.
   (a)   No person shall operate a motor vehicle within the Village, or equip a motor vehicle with or use any device, so as to create loud or excessive noise. Nothing herein shall be construed to prohibit the blowing of horns when necessary to prevent an accident or the use of sirens or similar devices on authorized emergency vehicles.
   (b)   No operator or passenger of a motor vehicle shall operate, or permit the operation of any sound amplification system which can be heard outside the vehicle from fifty or more feet when the vehicle is being operated upon a street or highway.
   (c)   "Sound amplification system" includes any radio, tape player, "boom box", compact disc player, loud speaker or other electronic device used for the amplification of the human voice, music or any other noise or sound.
   (d)   It is an affirmative defense to a charge under this section that the operator was not otherwise prohibited by law from operating the sound amplification system, and that any of the following apply:
      (1)   The system as being operated to request medical or vehicular assistance or to warn of a hazardous road condition;
      (2)   The vehicle was an emergency or public safety vehicle;
      (3)   The vehicle was owned and operated by the Village or a gas, electric, communications or water utility company;
      (4)   The vehicle was being used in a parade, as specified in Section 311.02 and the person or organization conducting the parade had obtained a parade permit from the Village Police Department.
   (e)   Whoever violates this section is guilty of a minor misdemeanor for a first offense and a misdemeanor of the fourth degree for each subsequent offense.
(Ord. 1993-14. Passed 7-20-93.)
509.10 PLAYING OF SOUND DEVICES.
   (a)   No person shall play any radio, music player such as a "boom box", tape cassette, disc player or television, audio system or musical instrument or any other type of sound service upon any public road, street, highway or private property in the Village in a manner or at a volume as to disturb the quiet, comfort or repose of other persons. An exception is made for organized events which have received a valid permit from the Village as set forth in Section 311.02 or any other applicable section.
   (b)   No person shall play any radio, music player such as a "boom box", tape cassette, disc player, television, audio system or musical instrument or any other type of sound device in a manner or at a volume as to disturb the quiet, comfort or repose of neighboring inhabitants or at a volume which is plainly audible to persons other than those who are in the dwelling unit in which such device or instrument is played and who are voluntary listeners thereto.
   (c)   (1)   Whoever violates this section is guilty of a minor misdemeanor for a first offense and a misdemeanor of the fourth degree for each subsequent offense.
      (2)   Upon conviction for a violation of this section, the sound device used during the commission of the offense shall be subject to seizure, forfeiture and/or payment of a judgment.
         (Ord. 1993-15. Passed 7-20-93.)
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