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(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) “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.
(2) “School” means any school operated by a board of education or any school for which the state board of education 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.
(3) “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.
(4) “Biological agent” has the same meaning as in Ohio R.C. 2917.33.
(5) “Emergency medical services personnel” has the same meaning as in Ohio R.C. 2133.21.
(6) “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 Ohio Board of Regents 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)
(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)
(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.)
No Person shall:
(a) Construction: Power Tools. Create, construct, alter, repair, or demolish any building between the hours of 9:00 p.m. and 6:00 a.m., or operate any mechanical, electrical, or battery-operated apparatus, excluding outdoor equipment, which produces loud sound which disturbs the peace and quiet of the neighborhood within 500 feet of places of residence, hospitals, or other residential institutions, between the hours of 9:00 p.m. and 7:00 a.m., except in case of urgent necessity in the interest of public safety and then only with a permit from the Building Commissioner. Nothing herein shall be construed to affect the usual and reasonable operation of firms or corporations or to prohibit the reasonable and ordinary noises attendant upon such operation in those areas properly zoned for this purpose.
(b) Loading and Unloading. Make loud or excessive noise in connection with loading or unloading any vehicle or the opening and/or destruction of bales, boxes, crates, and containers. Nothing herein shall be construed to affect the usual and reasonable operation of persons, firms, or corporations or to prohibit the reasonable and ordinary noises attendant to such operations in those areas properly zoned for this purpose.
(c) Loud Speakers. Operate a motor vehicle on a street or highway if the sound from any sound amplifying equipment located inside of, outside or attached to, or held by a person inside, the motor vehicle, is discernible at a distance of fifty feet or more from the vehicle.
(d) Horns and Signaling Devices. Sound any horn or signaling device on any automobile, motorcycle or other vehicle on any street or public place of the City, except as a danger warning.
(e) Promotional Sound or Music Producing Devices. Use any musical or other instrument or device capable or reproducing sound for the purpose of commercial advertising or attracting the attentions of the public to any performances, show, sale, or display of merchandise after 8:00 p.m.
(f) Televisions, Radios, Electronic Sound Devices, Electronic Music Devices, and Musical and Sound Instruments. Use, operate or permit to be played, used or operated any television, radio receiving set, musical instrument, electronic sound device, electronic music device, or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet, and comfort of the neighboring inhabitants or at any time with louder volume than is reasonably necessary for convenient hearing for the person or persons who are in the room, vehicle, or chamber in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such radio set, musical instrument, or other machine or sound device in such a manner as to be plainly audible at a distance of fifty feet from the vehicle or at a distance of fifty feet from the lot upon which the building or structure is located shall be a violation of this section.
(g) Outdoor Equipment. No person shall operate engine or motor powered lawn or maintenance tools intended for use in residential areas, typically capable of being used by homeowners (such as power mowers, garden tools, riding tractors, power saws, and edgers) between the hours of 9:00 p.m. and 9:00 a.m.
(h) Unreasonable Noises. Between the hours of 9:00 p.m. and 9:00 a.m. make, continue, or cause to be made or continued any loud, unnecessary, or unusual sound which is plainly audible at a distance of fifty feet from any lot.
(i) Exceptions. This section shall not apply to noises resulting from authorized public activities such as parades, fireworks, sports events, musical productions and other activities which have received a permit from the Safety-Service Director.
(j) Liability of Owners and Others Involved in Disturbance. The person or persons involved in disturbing the peace shall be liable for the violation. Any owner of any land on which a violation of Section 509.09 occurs shall also be liable for the violation. "Owner" means any person who is the title holder of, or who has possession or control of, or who has any license or interest in the property or services, at which, or during which, a violation of this section occurs.
(k) Misdemeanor Classification. Whoever violates this section is guilty of a minor misdemeanor. Each day that a violation occurs is a separate offense. On a second offense and any subsequent offense, within one year after the person's conviction on the first offense, the person is guilty of a misdemeanor of the fourth degree.
(Ord. 48-2021. Passed 9-14-21.)
(a) No person, firm or corporation being the owner or person in possession of a motor vehicle with any radio, phonograph, television, tape player, loud speaker or any other instrument, machine or device shall cause or permit any noise to emanate from the motor vehicle in such a manner and to be of such intensity and duration to create unreasonable noise or loud sound which causes inconvenience and annoyance to persons of ordinary sensibilities.
(b) It shall be prima facie unlawful for a person, firm or corporation being the owner or person in possession of a motor vehicle with a device described above to cause or permit any noise emanating from a motor vehicle which is plainly audible at a distance of fifty feet from the motor vehicle. The lawful use of a motor vehicle horn shall not be a violation of this section.
(c) This section shall not apply to any of the following circumstances:
(1) The sound amplifying equipment of the motor vehicle is being operated to request medical or vehicular assistance or to warn others of a hazardous road, vehicular or traffic safety condition;
(2) The motor vehicle is an emergency vehicle or public safety vehicle and is on an emergency run;
(3) The motor vehicle is owned and operated by the State or a political subdivision, or a public utility;
(4) The motor vehicle is participating in a parade or other activity for which the sponsors have obtained the necessary permit or authorization; or
(5) The sound amplifying equipment of the motor vehicle is being operated as a requirement of Federal, State or local law enforcement.
(d) Whoever violates this section is guilty of generating excessive sound from a motor vehicle, a minor misdemeanor for the first offense and a misdemeanor of the fourth degree for the second or subsequent offenses.
(Ord. 13-2010. Passed 3-23-10.)
(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) Subsection (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 subsection (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. 2921.01. (ORC 2917.14)