(a) As used in this section, unless the context otherwise requires:
(1) “Owner” means a person who in any way has a possessory interest in real property within the City or who resides in or occupies real property within the City.
(2) “Minor” means a person who is not yet nineteen years of age.
(b) No owner shall cause, permit, host or condone any assemblage of minors or other persons on his or her real property, which assemblage endangers the peace of the residents of the City, when he or she knows, of, or, in the exercise of reasonable care, should know of, such assemblage.
(c) Acts which are hereby declared to endanger the peace and safety of the residents of the City include, but are not limited to, the following:
(1) Possession and/or consumption of alcoholic beverages by minors, intoxicated persons and others prohibited by these Codified Ordinances and/or the Ohio Revised Code from possession or consumption of alcoholic beverages;
(2) Use or clear evidence of use of cannabis sativa or other drugs of abuse prohibited by these Codified Ordinances and/or Ohio R.C. Title 29;
(3) Illegal use of fireworks;
(4) Noise in violation of Chapter 634, including, but not limited to, music, loud and raucous yelling, shouting and obscene or abusive language;
(5) Fighting, assaults or menacing or the throwing of objects capable of causing physical injury or property damage;
(6) Depositing trash, garbage or hazardous material upon public or private property;
(7) Trespass of a person or parked vehicle by minor or other persons attending such assemblage upon another’s private property;
(8) Such circumstances and conditions which, taken as a whole, constitute a condition of encouraging and contributing to the delinquency of minors as defined in these Codified Ordinances or in Ohio R.C. Chapter 2151; and
(9) Such circumstances and conditions which, taken as a whole, constitute violations of Section 648.04 and/or Ohio R.C. 2917.11.
(d) The owner of real property on which any of such prohibited activities takes place shall be presumed, in the absence of evidence to the contrary, to have violated this section by failing to exercise reasonable responsibility for minors or other persons committing any of the acts set forth in subsection (c) hereof, and such minors or other persons shall be deemed to have committed such acts with the knowledge and permission of the owner in violation of this section.
(e) Upon being given notice by any member of the Police Division of the existence of any of the activities set forth in subsection (c) hereof, such owner shall immediately act to terminate the assemblage. Failure to do so shall constitute a further and additional violation of this section.
(f) Whoever violates any of the provisions of this section shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each offense. If, within one year of the offense, the offender has pleaded guilty to or been convicted of a violation of this section, such offense is a misdemeanor of the fourth degree. Punishment shall be as provided in Section 698.02.
(Ord. 17-87. Passed 2-17-87.)