Loading...
(a) No person shall congregate with others on a sidewalk or street corner, within a park or on public grounds, or on property whereon the public is invited or catered to, with intent to provoke a breach of the peace, or whereby a breach of the peace may be occasioned by serious annoyance to pedestrians or by threatening, insulting or abusive conduct to them, and refuse to move on when ordered to do so by a police officer.
(Ord. 1972-189. Passed 4-4-73.)
(b) Whoever violates this section is guilty of a minor misdemeanor. Punishment shall be as provided in Section 698.02.
(a) No person who is engaged in picketing any place of employment or who is one of an assemblage gathered for the purpose of preventing or hindering the operation of such place shall have in his or her possession any dirk, blackjack, billy club or other weapon. No person shall attempt to prevent any employee of such place or any other person from entering or leaving the same by force, violence, menacing threats or the use of threatening or abusive language.
(Ord. 1068. Passed 10-20-43; Ord. 19-91. Passed 12-17-19.)
(b) Whoever violates this section is guilty of a misdemeanor of the third degree. Punishment shall be as provided in Section 698.02.
(a) No person shall loiter or prowl in any public or private place at a time, in a manner or under circumstances which warrant alarm for the safety of persons or security of property in the surrounding area.
(b) Without limitation, the following circumstances may be considered in determining whether such alarm is warranted:
(1) The flight of a person upon the appearance of a police officer;
(2) The attempted concealment by a person upon the appearance of a police officer;
(3) The systematic checking by a person of doors, windows or other means of access to buildings, houses or vehicles.
(c) Unless flight by the actor or other circumstances make it impractical, a police officer shall, prior to any arrest for an offense under this section, afford the actor an opportunity to dispel any alarm which would otherwise be warranted, by requesting him or her to identify himself or herself and to explain his or her presence and conduct. No person shall be convicted of an offense under this section if the police officer did not comply with the preceding sentence or if it appears at trial that the explanation given by the actor was true and if believed by the police officer at the time would have dispelled the alarm.
(d) As used in this section:
(1) "Loitering" includes the following activities: lingering, hanging around, delaying, sauntering and moving slowly about, where such conduct is not due to physical defects or conditions.
(2) "Private place" means places privately owned but open to the public generally, such as shopping centers, retail stores, transportation terminals, movie theaters, office buildings, restaurants and all distinctly private places such as homes or private residences and apartment houses.
(3) "Public place" means public streets and alleyways, public restrooms, public sidewalks, public parks, public buildings and Municipal airports.
(4) "Surrounding area" means that area easily and immediately accessible to the person under observation.
(e) Whoever violates this section is guilty of a minor misdemeanor. Punishment shall be as provided in Section 698.02.
The purpose of this section is to: promote the general welfare and protect the general public through the reduction of juvenile violence and crime within the City; promote the safety and well-being of the City’s youngest citizens, persons under the age of eighteen, whose inexperience renders them particularly vulnerable to becoming participants in unlawful activities, particularly unlawful drug activities, and to being victimized by older perpetrators of crime; and foster and strengthen parental responsibility for children.
(a) Definitions. As used within this section, the following words and phrases shall have the meanings ascribed to them below:
(1) "Curfew hours" refers to the following hours and age groups:
A. For minors under the age of sixteen: hours of 11:01 p.m. through 5:00 a.m. daily;
B. For minors age sixteen and above: 12:00 midnight through 5:00 a.m. on Monday through Friday and 1:00 a.m. through 5:00 a.m. Saturday and Sunday.
(2) "Emergency" refers to unforeseen circumstances, or the status or condition resulting therefrom, requiring immediate action to safeguard life, limb or property. The term includes, but is not limited to: fires, natural disasters, automobile accidents, or other similar circumstances.
(3) "Establishment" refers to any privately-owned place of business within the City operated for a profit, to which the public is invited, including but not limited to any place of amusement or entertainment. With respect to such establishment, the term “operator” shall mean any person, and any firm, association, partnership (and the members or partners thereof) and/or any corporation (and officers thereof) conducting or managing that establishment.
(4) "Minor" refers to any person under eighteen years of age who has not been emancipated.
(5) "Officer" refers to a police or other law enforcement officer charged with the duty of enforcing the laws of the State of Ohio and/or the ordinances of the City.
(6) "Parent" refers to:
A. A person who is a minor’s biological or adoptive parent and who has legal custody of a minor (including either parent, if custody is shared under a court order or agreement):
B. A person who is the biological or adoptive parent with whom a minor regularly resides;
C. A person judicially appointed as a legal guardian of the minor; and/or
D. A person eighteen years of age or older standing in loco parentis (as indicated by the authorization of an individual listed in part(s) A., B. or C. of this definition, above, for the person to assume the care or physical custody of the child, or as indicated by any other circumstances).
(7) "Person" refers to an individual, not to any association, corporation, or any other legal entity.
(8) "Public place" refers to any place to which the public or a substantial group of the public has access, including, but not limited to: streets, highways, roads, sidewalks, alleys, avenues, parks, and/or the common areas of schools, hospitals, apartment houses, office buildings, transportation facilities and shops, and excluding the premises of another person or entity unless expressly authorized by the owner.
(9) "Remain" refers to the following actions:
A. To linger or stay at or upon a place; and/or
B. To fail to leave a place when requested to do so by an officer or by the owner, operator or other person in control of that place.
(10) "Temporary care facility" refers to a non-locked, non-restrictive shelter at which minors may wait, under visual supervision, to be retrieved by a parent. No minors waiting in such facility shall be handcuffed and/or secured (by handcuffs or otherwise) to any stationary object.
(b) It shall be unlawful for a minor, during curfew hours, to remain in or upon any public place within the City, to remain in any motor vehicle operating or parked therein or thereon, or to remain in or upon the premises of any establishment within the City, unless:
(1) The minor is accompanied by his/her parent; or
(2) The minor is involved in an emergency; or
(3) The minor is engaged in employment activity, or is going to or returning home from such activity, without detour or stop; or
(4) The minor is on the sidewalk directly abutting a place where he or she resides with a parent; or
(5) The minor is: attending an activity sponsored by a school, religious, or civic organization, which activity is supervised by adults, and/or the minor is going to or returning from such an activity without detour or stop; or attending a lawful private activity, which activity is sponsored or supervised by adults, and the minor is going to or returning from such an activity without detour or stop; provided that the minor has received prior written permission from a custodial parent or other legal guardian specifying the activity and its location, and provided the minor has in his or her possession the written permission and displays it upon request of a law enforcement officer; or
(6) The minor is on an errand at the direction of a parent, and the minor has in his or her possession a writing signed by the parent containing the following information: the name, signature, address and telephone number authorizing the errand, the telephone number where the parent may be reached during the errand, the name of the minor, and a brief description of the errand, the minor’s destination(s) and the hours the minor is authorized to be engaged in the errand; or
(7) The minor is involved in interstate travel through, or beginning or terminating in, the City; or
(8) The minor is exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly.
(c) It shall be unlawful for a minor’s parent, guardian, or person in charge to knowingly permit, allow or encourage such minor to violate subsection (b) hereof.
(d) It shall be unlawful for a person who is the owner or operator of any motor vehicle to knowingly permit, allow or encourage a violation of subsection (b) hereof.
(e) It shall be unlawful for the operator of any establishment, or for any person who is an employee thereof, to knowingly permit, allow or encourage a minor to remain upon the premises or the establishment during the curfew hours. It shall be a defense to prosecution under this subsection that the operator or employee of an establishment promptly notify the police department that a minor was present at the establishment after curfew hours and refused to leave.
(f) It shall be unlawful for any person (including any minor) to give a false name, address, or telephone number to any officer investigating a possible violation of this section.
(g) Enforcement.
(1) Minors. Before taking any enforcement action hereunder, an officer shall immediately investigate for the purpose of ascertaining whether or not the presence of a minor in a public place, motor vehicle and/or establishment within the city during curfew hours is in violation of subsection (b) hereof. If such investigation reveals that the presence of such minor is in violation of subsection (b) hereof then as soon as practicable, the officer shall:
A. Release the minor to his or her parent(s); or
B. Place the minor in a temporary care facility for a period not to exceed the remainder of the curfew hours, so that his or her parent(s) may retrieve the minor; or
C. If a minor refuses to give an officer his or her name and address, refuses to give the name and address of his or her parent(s), or if no parent can be located prior to the end of the applicable curfew hours, or if located, no parent appears to accept custody of the minor, the minor may be taken to a nonsecure crisis center or juvenile shelter and/or to a judge or intake officer of the juvenile court to be dealt with in the manner and pursuant to such procedures as required by law.
(2) Compliance by Parents, Guardians, and/or Persons in Charge. No parent, guardian or person in charge of a minor under eighteen years of age shall permit or allow any minor to violate subsection (b) hereof.
(h) Penalty and Waiver.
(1) Any minor who violates subsection (b) hereof shall be found delinquent of a minor misdemeanor and shall be dealt with in accordance with Juvenile Court law and procedure.
(2) Whoever violates subsection (b) hereof shall be fined fifty dollars ($50.00) for a first offense. For a second offense, such person is guilty of a minor misdemeanor and shall be fined one hundred dollars ($100.00). For a third or subsequent offense, such person is guilty of a misdemeanor of the fourth degree and punishment shall be the maximum as allowed as provided in Section 698.02.
(3) Whoever violates subsections (c), (d), (e) or (f) hereof may, for a first offense only, upon signing a waiver of the right to appear in court and upon a plea of guilty to the offense, pay a fifty dollar ($50.00) fine at the office of the Clerk of Courts, in person, prior to the time set for such person's appearance before the Mayor’s Court or Municipal Court. For a second offense, said defendant shall be guilty of a minor misdemeanor and shall pay a fine of one hundred dollars ($100.00) and court costs. For any third or more offenses, said defendant shall be guilty of a misdemeanor of the second degree in accordance with NRCO § 408.01.
(Ord. 1982-43. Passed 3-17-82; Ord. 97-190. Passed 10-21-97; Ord. 02-37. Passed 4-2-02; Ord. 02-64. Passed 6-18-02.)
(a) No child between the ages of six and 17, inclusive; other than a child that has been suspended or expelled from school, shall be at any place within the City except in attendance at school during any time period within which such person is required in attendance at a public or private school in which such person is enrolled, unless the child has written proof from school authorities excusing him or her from attending school at that particular time, or unless the child is accompanied by a parent or legal guardian, or a responsible adult selected by the parent or legal guardian, to supervise the child.
(b) Each parent or legal guardian of a child between the ages of six and 17, inclusive, shall have a duty to prohibit the child from behaving contrary to division (a) of this section. No person shall recklessly fail to fulfill the duty imposed by this division.
(c) Divisions (a) and (b) of this section do not apply if the child, at the time he or she was found at a place other than in school, was not required by law to be in attendance at school.
(d) It shall be an affirmative defense to division (b) of this section that the parent or legal guardian:
(1) Initiated the jurisdiction of the Juvenile Court against the child prior to the time that the child was found violating division (a) of this section; or
(2) Can demonstrate based upon the records of the North Royalton City School District that the parent or legal guardian has been actively working with officials of the School District regarding the behavior of the child prior to the time that the child was found violating division (a) of this section.
(e) A police officer or school attendance officer may transport any child found violating division (a) of this section to the child's residence and may release the child into the care of a parent or legal guardian, to the school the child usually attends, or to any location designated by the school authorities as a receiving center for such children, the choice of destination to be made at the discretion of the police officer or school attendance officer based on proximity of the destination and other relevant factors, and subject to the need to respond to emergency or priority calls.
(f) Any child who violates division (a) of this section is an unruly child and is subject to the jurisdiction of the Juvenile Court.
(g) Any person who violates division (b) of this section is guilty of recklessly failing to supervise a child of compulsory school age, a misdemeanor of the fourth degree for a first offense. Any person who is convicted of a second or subsequent offense for violating division (b) of this section is guilty of a misdemeanor of the third degree.
(Ord. 08-110. Passed 6-3-08.)
(a) If a child is suspended or expelled from school, then each parent or legal guardian of the child shall during the duration of the suspension or expulsion:
(1) Personally supervise the child, or arrange for a responsible adult to supervise the child, at the times that the child would have been required to be in attendance at school had he or she not been suspended or expelled; and
(2) Prohibit the child from being at any public place at the times that the child would have been required to be in attendance at school had he or she not been suspended or expelled, except in the following circumstances:
A. When the child is accompanied by the parent or legal guardian, or a responsible adult selected by the parent or legal guardian to supervise the child; or
B. When the child is employed pursuant to an age and schooling certificate issued by the school authorities, during the times that the child is actually on the job or traveling directly to or from the job site; or
C. When the child is on an emergency errand; or
D. When the child has been directed by the parent or legal guardian to engage in a specific activity or to carry out express instructions, during the times that the child is actually engaged in fulfilling those directions or instructions.
No person shall recklessly fail to fulfill the duties imposed by this division.
(b) No child who has been suspended or expelled from school shall fail to comply with supervision provided or arranged by a parent or legal guardian pursuant to division (a)(1) of this section.
(c) No child who has been suspended or expelled from school shall be in any public place at the times that he or she would have been required to be in attendance at school had he or she not been suspended or expelled, except in the circumstances described in divisions (a)(2)A., (a)(2)B., (a)(2)C. or (a)(2)D.
(d) As used in this section, "public place" includes any street, sidewalk, park, cemetery, school yard, body of water or watercourse, public conveyance, or any other place for the sale of merchandise, public accommodation or amusement.
(e) A police officer or school attendance officer may transport any child found violating division (a) of this section to the child's residence and may release the child into the care of a parent or legal guardian, to the school the child usually attends, or to any location designated by the school authorities as a receiving center for such children, the choice of destination to be made at the discretion of the police officer or school attendance officer based on proximity of the destination and other relevant factors, and subject to the need to respond to emergency or priority calls.
(f) Any child that violates divisions (b) or (c) of this section is an unruly child and is subject to the jurisdiction of the Juvenile Court.
(g) Any person that recklessly fails to fulfill the duty imposed by division (a) of this section is guilty of failing to supervise a suspended or expelled child, a misdemeanor of the second degree for a first offense. Any person who is convicted of a second or subsequent offense for violating division (a) of this section is guilty of a misdemeanor of the first degree.
(Ord. 08-73. Passed 4-1-08.)
(a) No person shall make or continue, or cause to be made or continued, any loud, raucous, unnecessary or unusual noise, or any noise which annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others. No person shall disturb the good order and quiet of the municipality by intoxication, drunkenness, fighting, quarreling, wrangling, or committing assault or assault and battery, or using obscene or profane language, in the streets and other public places to the annoyance of the citizens, or otherwise violate the public peace by indecent and disorderly conduct or by lewd and lascivious behavior. No person shall use or permit the use or operation of any radio, television, musical instrument, phonograph or other machine or device for producing or reproducing sounds in such a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants.
(Ord. 1972-189. Passed 4-4-73; Ord. 01-62. Passed 5-15-01.)
(b) Whoever violates this section is guilty of a minor misdemeanor and shall be subject to the penalty provided in Section 698.02.
Loading...