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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 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.)
(a) As used in this section:
(1) “Shopping center” means any combination of retail stores and services contained within one or more buildings which are located on one or more parcels of land united to form a general shopping center site and upon which site there are located public areas for the nonexclusive use of members of the general public and occupants, visitors and customers of such retail stores and services.
(2) “Public portions of a shopping center” means the ingress and egress to the parking of automotive or other vehicles, driveways, sidewalks, malls, arcades, service areas and entranceways into stores and buildings.
(b) No person or persons on the public portions of a shopping center shall race the motor of any motor vehicle, needlessly bring to a sudden start or stop any motor vehicle, blow any horn of any motor vehicle unnecessarily, or engage in any race with another vehicle so as to create a nuisance or a disturbance to annoy or endanger any person or persons or other vehicle or vehicles lawfully on the public portions of the shopping center.
(c) No person, on the public portions of any shopping center, shall:
(1) Alone or with others, assemble or congregate for the purpose of lingering or loitering in any manner which will obstruct, impede or interfere with the free passage of other pedestrians using such shopping center.
(2) In the presence or hearing of another person, curse or abuse such person or use any violently abusive language to such person concerning him or her or any of his male or female relatives under circumstances reasonably calculated to provoke a breach of the peace.
(3) Use loud or vociferous language or obscene, vulgar or indecent language, swear, curse, yell or shriek in a manner calculated to disturb another person or persons.
(4) Harass by any means, bother or injure any other person or persons by making loud or indecent suggestions either by oral expression or by a physical act.
(Ord. 404-66. Passed 12-5-66.)
(d) 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 shall knowingly engage in conduct designed to urge or incite another to commit any offense of violence when either of the following apply:
(1) The conduct takes place under circumstances that create a clear and present danger that any offense of violence will be committed.
(2) The conduct proximately results in the commission of any offense of violence.
(b) Whoever violates this section is guilty of inciting to violence. If the offense of violence that the other person is being urged or incited to commit is a misdemeanor, inciting to violence is a misdemeanor of the first degree. If the offense of violence that the other person is being urged or incited to commit is a felony, inciting to violence is a felony to be prosecuted under appropriate State law.
(ORC 2917.01; Ord. 66-97. Passed 3-18-97.)
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