CHAPTER 133: OFFENSES AGAINST THE PUBLIC PEACE
Section
   133.01   Riot
   133.02   Failure to disperse
   133.03   Justifiable use of force to suppress riot
   133.04   Disorderly conduct
   133.05   Public intoxication
   133.06   Disturbing a lawful meeting
   133.07   Misconduct at an emergency
   133.08   Inducing panic
   133.09   Making false alarms
   133.10   Impeding public passage of an emergency service responder
§ 133.01 (2917.03, 2917.031) RIOT.
   (A)   No person shall participate with 4 or more others in a course of disorderly conduct in violation of § 133.04:
      (1)   With purpose to commit or facilitate the commission of a misdemeanor, other than disorderly conduct;
      (2)   With purpose to intimidate a public official or employee into taking or refraining from official action, or with purpose to hinder, impede, or obstruct a function of government;
      (3)   With purpose to hinder, impede, or obstruct the orderly process of administration or instruction at an educational institution, or to interfere with or disrupt lawful activities carried on at such institution.
   (B)   No person shall participate with 4 or more others with purpose to do an act with unlawful force or violence, even though the act might otherwise be lawful.
   (C)   Whoever violates this section is guilty of riot, a misdemeanor of the first degree.
(R.C. § 2917.03) (Ord. 79-1973, passed 12-19-73)
   (D)   For the purposes of prosecuting violations of this section, the prosecution is not required to allege or prove that the offender expressly agreed with four or more others to commit any act that constitutes a violation this section prior to or while committing those acts.
(R.C. § 2917.031) (Rev. eff. with 2004 S-6)
§ 133.02 (2917.04) FAILURE TO DISPERSE.
   (A)   Where 5 or more persons are participating in a course of disorderly conduct in violation of § 133.04, and there are other persons in the vicinity whose presence creates the likelihood of physical harm to persons or property or of serious public inconvenience, annoyance, or alarm, a law enforcement officer or other public official may order the participants and the other persons to disperse. No person shall knowingly fail to obey the order.
   (B)   Nothing in this section requires persons to disperse who are peaceably assembled for a lawful purpose.
   (C)   (1)   Whoever violates this section is guilty of failure to disperse.
      (2)   Except as otherwise provided in division (C)(3) of this section, failure to disperse is a minor misdemeanor.
      (3)   Failure to disperse is a misdemeanor of the fourth degree if the failure to obey the order described in division (A) of this section creates the likelihood of physical harm to persons or is committed at the scene of a fire, accident, disaster, riot, or emergency of any kind.
(R.C. § 2917.04) (Rev. eff. with 2004 S-6) (Ord. 79-1973, passed 12-19-73)
§ 133.03 (2917.05) JUSTIFIABLE USE OF FORCE TO SUPPRESS RIOT.
   A law enforcement officer or fireman, engaged in suppressing riot or in protecting persons or property during riot:
   (A)   Is justified in using force, other than deadly force, when and to the extent he 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 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.
(R.C. § 2917.05) (Ord. 79-1973, passed 12-19-73) Penalty, see § 130.99
§ 133.04 (2917.11) DISORDERLY CONDUCT.
   (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 that 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 2 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 the offender 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 the offender 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 division (B) above.
   (D)   If a person appears to an ordinary observer to be intoxicated, it is probable cause to believe such person is voluntarily intoxicated for purposes of division (B) above.
   (E)   Whoever violates this section is guilty of disorderly conduct.
      (1)   Except as otherwise provided in divisions (E)(2) and (E)(3) 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.
      (3)   If an offender previously has been convicted of or pleaded guilty to three or more violations of division (B) of this section, R.C. § 2917.11(B), or any substantially equivalent state law or municipal ordinance, a violation of division (B) of this section is a misdemeanor of the fourth degree.
   (F)   As used in this section:
   COMMITTED IN THE VICINITY OF A SCHOOL. Has the same meaning as in § 138.01 and R.C. § 2925.01.
   EMERGENCY FACILITY. Has the same meaning as in R.C. § 2909.04.
   EMERGENCY FACILITY PERSON. Is the singular of “emergency facility personnel” as defined in R.C. § 2909.04.
   EMERGENCY MEDICAL SERVICES PERSON. Is the singular of “emergency medical services personnel” as defined in R.C. § 2133.21.
(R.C. § 2917.11) (Rev. eff. with 2019 S-21) (Ord. 79-1973, passed 12-19-73) Penalty, see § 130.99
Loading...