(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, which by its very utterance or usage inflicts injury or tends to incite an immediate breach of the peace;
(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;
(6) Creating or causing the creation of noise so as to disturb or disrupt the peace and quiet of any reasonable person of normal sensitivity, including, but not limited to the following:
A. The emission of sound in such a manner as to be plainly audible at a distance 50 feet from the property line of a parcel on which the sound is emanating from a building, structure, vehicle, equipment, machinery, animal or fowl; or on a street, highway, or in the public right-of-way where the sound is audible 50 feet from the device generating the sound.
B. Exemptions to division A. include the following:
1. Sound emanating from scheduled events conducted, sponsored or permitted by the City or schools;
2. Construction operations occurring between the hours of 7:00 a.m. and 9:00 p.m., provided that all equipment is operated in accordance with the manufacturer's specifications and/or with all standard manufacturer's mufflers and noise-reducing equipment in use and in proper operating condition;
3. Construction operations conducted by the city as approved by City Council;
4. The loading and/or unloading of commercial waste receptacles between the hours of 7:00 a.m. and 9:00 p.m. within 500 yards of any residentially zoned property;
5. Noise of safety signals, warning devices, emergency pressure relief valves, and church bells;
6. Noise resulting from any authorized emergency vehicle;
7. Lawn mowers and other similar motorized landscaping equipment used between 7:00 a.m. and 9:00 p.m. when operated with all the manufacturer's standard muffler and/or sound reducing equipment in use and in proper operating condition; and
8. Emergency work as authorized by the City.
(b) In determining whether a noise is of such character to violate the elements herein with regard to unreasonably disturbing the peace and quiet of the community, the following shall be considered:
(1) Complaints of neighbors regarding the referenced noise;
(2) The time of day during which the noise is occurring or has occurred;
(3) The intensity and duration of the noise;
(4) The type of noise emanating; and
(5) What, if any alternatives are available without excessive noise.
(c) 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.
(d) 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 division (b) above.
(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 division (b) above.
(f) Whoever violates this section is guilty of disorderly conduct.
(1) Except as otherwise provided in division (f)(2) of this section., disorderly conduct is a minor misdemeanor.
(2) Disorderly conduct is a misdemeanor of the fourth degree if any of the following applies:
A. The offender persists in disorderly conduct after reasonable warning or request to desist.
B. The offense is committed in the vicinity of a school or in a school safety zone.
C. The offense is committed in the presence of any law enforcement officer, firefighter, rescuer, medical person, emergency medical services person, or other authorized person who is engaged in the person's duties at the scene of a fire, accident, disaster, riot, or emergency of any kind.
D. The offense is committed in the presence of any emergency facility person who is engaged in the person's duties in an emergency facility.
(f) For violations covered under division (a)(6) above, a person shall be guilty of a misdemeanor of the fourth degree for a second or subsequent offense, if less than 12 months have elapsed since the last offense of the same provision. Each day such offense is committed or continued shall constitute a separate offense and shall be punishable as such. Citations shall be issued to a person, firm or corporation and/or an individual present at the time of the alleged offense.
(g) As used in this section, “school”, “school premises” and “school building” have the same meanings as in Ohio R.C. 2925.01.
(Ord. 96-51. Passed 6-18-96; Ord. 2009-08. Passed 4-7-09.)