648.04 DISORDERLY CONDUCT.
   (a)    As used in this section:
      (1)    "Public place" means a place to which the public or a substantial group has access, including, but not limited to, highways, alleys, streets, sidewalks, transport facilities, schools, jails, apartment houses, parking lots, places of business, places of amusement and neighborhoods .
      (2)    "Reasonable person" means the standard held by most people that is objective and verifiable in nature and which is potentially identifiable by the offender. "Reasonable person" presents an objective standard by which behavior is measured and does not require the actual presence or offending of a reasonable person.
   (b)    No person shall recklessly do any of the following:
      (1)    Engage in fighting, in threatening harm to persons or property or in violent or turbulent behavior;
      (2)    In a public place, make noise inconsistent with the usual activity of the public place in relation to the time of the offense, which a reasonable person would find unreasonable;
      (3)    In any place, make or allow to continue upon premises which a person controls, any noise affecting a public place which is inconsistent with the usual activity of the public place in relation to the time of the offense, which a reasonable person would find unreasonable;
      (4)    In any place, communicate unwarranted and grossly abusive language to any person, which, by its very utterance or usage, inflicts injury on a reasonable person or tends to incite an immediate breach of the peace from a reasonable person;
      (5)    Insult, taunt or challenge another under circumstances in which such conduct is likely to provoke a violent response from a reasonable person;
      (6)    Hinder or prevent 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 by any act which serves no lawful and reasonable purpose of the offender; or
      (7)    Create 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.
   (c)    No person, while voluntarily intoxicated, shall do any of the following:
      (1)    In a public place, make noise inconsistent with the usual activity of the place in relation to the time of the offense which a reasonable person would find unreasonable;
      (2)    In any place, make or allow to continue upon premises which a person controls, any noise affecting a public place which is inconsistent with the usual activity of the public place in relation to the time of the offense, which a reasonable person would find unreasonable;
      (3)    Engage in language and/or conduct likely to incite an immediate breach of the peace from a reasonable person;
      (4)    In a public place, other than within a person's personal living quarters within an apartment complex where the conduct or speech is invisible or inaudible to those outside, display or expose his or her genitals or buttocks or her breasts or engage in conduct which to an ordinary and reasonable person would appear to be sexual conduct or masturbation; or
      (5)    Engage in conduct and/or create a condition which presents a risk of physical harm to himself or herself or another, or to the property of another.
   
   (d)    A 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 (c) hereof.
   (e)    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 sub section (c) hereof.
   (f)   (1)   Whoever violates any of the provisions of this section is guilty of disorderly conduct and shall be fined not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00). If the offender persists in disorderly conduct after reasonable warning or a request to desist, disorderly conduct is a misdemeanor of the fourth degree. Punishment shall be as provided in Section 698.02. If, within one year of an offense, the offender has pleaded guilty to or been convicted of a violation of this section or Ohio R. C. 2917.11, disorderly conduct is a misdemeanor of the fourth degree. Punishment shall be as provided in Section 698.02. (Ord. 18-87. Passed 2-17-87.)
      (2)   If the offense is committed in the vicinity of a school or in a school safety zone, disorderly conduct is a misdemeanor of the fourth degree.