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A law enforcement officer or firefighter engaged in suppressing a riot or in protecting persons or property during a riot:
(a) Is justified in using force, other than deadly force, when and to the extent he or she has probable cause to believe such force is necessary to disperse or apprehend rioters;
(b) Is justified in using force, including deadly force, when and to the extent he or she has probable cause to believe such force is necessary to disperse or apprehend rioters whose conduct is creating a substantial risk of serious physical harm to persons.
(ORC 2917.05; Ord. 278-73. Passed 12-17-73.)
(a) No person shall recklessly cause inconvenience, annoyance or alarm to another, by doing any of the following:
(1) Engaging in fighting, in threatening harm to persons or property, or in violent or turbulent behavior;
(2) Making unreasonable noise or offensively coarse utterance, gesture or display, or communicating unwarranted and grossly abusive language to any person;
(3) Insulting, taunting or challenging another under circumstances in which such conduct is likely to provoke a violent response;
(4) Hindering or preventing the movement of persons on a public street, road, highway or right-of-way, or to, from, within or upon public or private property, so as to interfere with the rights of others and by any act which serves no lawful and reasonable purpose of the offender;
(5) Creating a condition which is physically offensive to persons or which presents a risk of physical harm to persons or property by any act which serves no lawful and reasonable purpose of the offender.
(b) No person, while voluntarily intoxicated shall do either of the following:
(1) In a public place or in the presence of two or more persons engage in conduct likely to be offensive or to cause inconvenience, annoyance or alarm to persons of ordinary sensibilities, which conduct the offender, if he were not intoxicated, should know is likely to have such effect on others;
(2) Engage in conduct or create a condition which presents a risk of physical harm to himself or another, or to the property of another.
(c) Violation of any statute or ordinance of which an element is operating a motor vehicle, locomotive, watercraft, aircraft or other vehicle while under the influence of alcohol or any drug of abuse, is not a violation of subsection (b) hereof.
(d) When to an ordinary observer a person appears to be intoxicated, it is probable cause to believe such person is voluntarily intoxicated for purposes of subsection (b) hereof.
(Ord. 278-73. Passed 12-17-73.)
(e) In any prosecution for the violation of subsection (b) hereof or any other section of this General Offenses Code wherein intoxication is an element of the crime or the charge, the amount of alcohol in the defendant's blood at the time alleged as shown by chemical analysis of the defendant's blood, urine, breath or other bodily substance shall give rise to the following presumptions:
(1) If there was at that time a concentration of less than fifteen hundredths of one percent by weight of alcohol in the defendant's blood, such fact shall not give rise to any presumption that the defendant was or was not under the influence of alcohol, but such fact may be considered with other competent evidence in determining the guilt or innocence of the defendant.
(2) If there was at that time a concentration of fifteen hundredths of one percent or more by weight of alcohol in the defendant's blood, it shall be presumed that the defendant was under the influence of alcohol.
Nothing in this subsection shall be construed as limiting the introduction of other competent evidence bearing upon the question of whether or not the defendant was under the influence of alcohol.
(Ord. 448-68. Passed 2-3-69.)
(f) Whoever violates any of the provisions of this section is guilty of disorderly conduct, a misdemeanor of the fourth degree, and shall be subject to the penalty provided in Section 698.02.
(Ord. 13-96. Passed 3-4-96.)
(a) No person shall disturb the good order and quiet of the Municipality by clamors or noises, by intoxication, drunkenness, fighting, quarreling, wrangling, committing assault, assault and battery, 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.
(ORC 715.55)
(b) No person shall use a motor vehicle so as to disturb the good order and quiet of the City by racing the motor of such motor vehicle, unnecessarily suddenly stopping or starting such motor vehicle, making or causing the emittance from the exhaust system of loud, cracking or chattering noise unusual to its normal operation, making or causing the tires of such vehicle to squeal, peel or leave tire marks or making or causing any other loud or unseemly noise.
(Ord. 346-66. Passed 9-19-66.)
(c) Whoever violates any of the provisions of this section is guilty of a minor misdemeanor and shall be subject to the penalty provided in Section 698.02.
(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 the 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, a misdemeanor of the fourth degree.
(ORC 2917.12; Ord. 278-73. Passed 12-17-73.)
(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 division, misconduct at an emergency is a misdemeanor of the fourth degree. If 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 facility” has the same meaning as in Ohio R.C. 2909.04;
(2) “Emergency facility person” is the singular of “emergency facility personnel” as defined in Ohio R.C. 2909.04;
(3) “Emergency medical services person” is the singular of emergency medical services personnel” as defined in Ohio R.C. 2133.21.
(ORC 2917.13; Ord. 53-03. Passed 3-3-03.)
(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 the 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)(1) of this section does not apply to any person conducting an authorized fire or emergency drill.
(c) (1) Whoever violates this section is guilty of inducing panic.
(2) Except as otherwise provided in division (c)(3), inducing panic is a misdemeanor of the first degree.
(3) If a violation of this section results in physical harm to any person, inducing panic is a felony to be prosecuted under appropriate state law. If a violation of this section results in economic harm of $1,000 or more, inducing panic is a felony to be prosecuted under appropriate state law. If the public place involved in a violation of division (a)(1) is a school and if the violation results in economic harm, inducing panic is a felony to be prosecuted under appropriate state law. If a violation of this section pertains to a purported, threatened or actual use of a weapon of mass destruction, inducing panic is a felony to be prosecuted under appropriate state law.
(d) (1) It is not a defense to a charge under this section that pertains to a purported or threatened use of a weapon of mass destruction that the offender did not possess or have the ability to use a weapon of mass destruction or that what was represented to be a weapon of mass destruction was not a weapon of mass destruction.
(2) Any act that is a violation of this section and any other section of the Ohio Revised Code or these 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 the 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 from 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 State or any political subdivision as a result of, or in making any response to, the criminal conduct that constituted the violation of this section or Ohio R.C. 2917.32, or any substantially equivalent municipal ordinance, 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) “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.
(5) “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 other 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 D.1. of this definition and from which an item or device described in that division may be readily assembled.
(ORC 2917.31; Ord. 302-98. Passed 11-4-98; Ord. 53-03. Passed 3-3-03.)
(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 the offense did not occur.
(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. Except as otherwise provided in this division, making false alarms is a misdemeanor of the first degree. If a violation of this section results in economic harm of one thousand dollars ($1,000) or more, making false alarms is a felony to be prosecuted under appropriate State law. 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 to be prosecuted under appropriate State law.
(d) (1) It is not a defense to a charge under this section that pertains to a purported or threatened use of a weapon of mass destruction that the offender did not possess or have the ability to use a weapon of mass destruction or that what was represented to be a weapon of mass destruction was not a weapon of mass destruction.
(2) Any act that is a violation of this section and any other section of the Ohio Revised Code or these Codified Ordinances may be prosecuted under this section, the other section, or both sections.
(e) As used in this section, “economic harm” and “weapon of mass destruction” have the same meaning as in Ohio R.C. 2917.31.
(ORC 2917.32; Ord. 176-98. Passed 6-15-98; Ord. 53-03. Passed 3-3-03.)
(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) Attempted concealment by a person upon the appearance of a police officer; and
(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 impracticable, 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 to identify himself and explain his 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 and includes 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 and includes 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. (Adopting Ordinance)
(e) Whoever violates any of the provisions of this section is guilty of a misdemeanor of the fourth degree and shall be subject to the penalty provided in Section 698.02.
(Ord. 13-96. Passed 3-4-96.)
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