(a) Prohibitions. It shall be unlawful to do the following:
(1) To keep, permit or be present in a disorderly house; or
(2) Be an owner, tenant, or person in control of any building and to permit the building to be used as a disorderly house.
(b) Definitions. For the purpose of this section, the words, terms, and phrases as defined in the sections hereunder shall have the meanings therein respectively ascribed to them unless a different meaning is clearly indicated by the context.
(1) "Disorderly house" means any structure suitable for affording shelter for human beings, including any appurtenant or connected structure, including trailers, mobile homes, and any other type of property lived in, or place of public resort, where the peace, comforts or character of the neighborhood is disturbed by any of the following conduct or behavior:
A. The unlawful sale, use or possession of intoxicating liquor in violation of Ohio law or Norwood ordinances;
B. The possession or use of gambling devices or the conduct of any gambling in violation of Ohio law or Chapter 517 of the Norwood Codified Ordinances;
C. Prostitution in violation of Ohio law or acts relating to prostitution, or the conduct of unlicensed escort services, sexually-oriented business or massage or massage services, in violation of Ohio law or Chapter 533 of the Norwood Codified Ordinances;
D. The sale, use, or possession of controlled substances in violation of Ohio law, Federal law, or Chapter 513 of the Norwood Codified Ordinances;
E. Repeated unlawful gatherings as defined in subsection (b)(4) hereof, or
F. Maintaining a public nuisance as defined in Ohio R.C. 3767.12.
(2) "Public place" means an area generally visible to public view, including streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not) and buildings open to the general public, including those buildings in which food or drink is served or entertainment or lodging is provided.
(3) "Law Enforcement Services" includes the salaries and benefits of police officers, sheriffs, or code enforcement personnel for the amount of time actually spent in responding to or remaining at the disorderly house, unlawful gathering, or event and the administrative costs attributable to the incident; the actual cost of any medical treatment to injured police officers, sheriffs, or code enforcement personnel; the cost of repairing any damaged equipment or property owned or operated by the responding agency or government entity; and the cost arising from the use of any equipment in responding to or remaining at the disorderly house, unlawful gathering, or event.
(4) "Unlawful gathering" means any party or gathering of three or more persons in a public place where there is any of the following conduct or behavior:
A. The unlawful sale, use, or possession of intoxicating liquor;
B. The unlawful sale, use, or possession of controlled substances;
C. The unlawful sale, use, or possession of tobacco-related products as defined in Ohio law or Chapter 537 of the Norwood Codified Ordinances; or
D. An unreasonable disturbance of other nonparticipating persons by creating any of the following conditions:
1. Noise of sufficient volume, or of such nature by virtue of its type, persistence, time of day or location, to disturb the peace, quiet, or repose of non-participating persons nearby;
2. Disorderly conduct as defined in Section 509.03 of the Norwood Codified Ordinances;
4. Urinating in public; or
5. Public indecency as defined in Section 533.07 of the Norwood Codified Ordinances.
(c) Participating in Unlawful Gatherings.
(1) No person shall congregate because of, or participate in, any party or gathering of people from which noise emanates of a sufficient volume or of such nature to disturb the peace, quiet, or repose of other persons.
(2) No person shall keep or permit an unlawful gathering.
(3) Any person who is the owner, tenant, or person in control of any building, who has knowledge of an unlawful gathering and who fails to immediately abate the unlawful gathering shall be guilty of a misdemeanor of the fourth degree.
(4) Any person, other than the owner, tenant, or person in control of a building, who refuses to leave an unlawful gathering after being ordered to do so by a police officer or by an owner, tenant, or person in control of any building where an unlawful gathering is occurring shall be guilty of a minor misdemeanor.
(5) Any person who is the owner, tenant, or person in control of a building and refuses to disperse an unlawful gathering at the building after being ordered to do so by a police officer shall be guilty of a misdemeanor of the third degree.
(6) A police officer may order all persons present at any public or private place or building where an unlawful gathering is occurring to immediately disperse.
(d) Responsibility of Property Owner.
(1) Where the Chief of Police or designated representative determines that a specific premises or building is being operated in violation of subsection (a) hereof, the Chief of Police may issue an abatement notice specifically describing the basis for that determination and advising the owner that any subsequent conduct will violate subsection (a) hereof. The abatement notice may be served upon the owner of said premises by certified mail, return receipt requested, priority mail with delivery confirmation, or by regular mail, supported by an affidavit of service by mailing, to the address for service of process on file with the Norwood Building Department or to the address as determined by the most recent property tax records maintained by Hamilton County for said premises. The service of an abatement notice, as provided herein, shall be prima facie evidence that an owner or person in control of a building has knowledge of and has permitted subsequent conduct or behavior at said premises. It shall be an affirmative defense that an owner has taken reasonable steps to prevent subsequent conduct or behavior.
(2) Nothing in this section shall prohibit an officer from issuing criminal citations at the scene of such disorderly house or mandate the issuance of an abatement notice prior to the issuance of any criminal citation.
(e) Law Enforcement Service Fees. When a disorderly house, unlawful gathering or event occurs on private property and a police officer at the scene determines that there is a threat to the public peace, health, safety or general welfare, the person(s) responsible for the event shall be liable for the cost of providing police services for the special security assignment to control the threat to the public peace, health, safety or general welfare, or for the actual cost of enforcement services provided during the response as a result of conduct violating this section. The law enforcement service fees shall include the cost of personnel and equipment but shall not exceed one thousand dollars ($1,000.00) for a single incident. Such fee is deemed to be supplementary to all other applicable fines and penalties, and the city does not hereby waive its right to seek reimbursement for actual costs exceeding the above amount through other legal remedies or procedures. The amount of such fee charged shall be deemed a debt to the city of the person or persons receiving such services, and if minors, their parents or guardians. Any person owing money shall be liable in an action brought in the name of the city for recovery of such amount, including reasonable attorney fees.
(f) Penalties. Unless otherwise specified, a violation of this ordinance is a misdemeanor of the fourth degree. A second and any subsequent offense within twelve months shall be a misdemeanor of the third degree.
(Ord. 39-2013. Passed 8-27-13.)