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545.05 DISORDERLY CONDUCT; INTOXICATION.
(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;
(ORC 2917.11; Ord. 129-73. Passed 12-27-73.)
(2) Making an offensively coarse utterance, gesture or display, or communicating unwarranted and grossly abusive language to any person, which utterances, gestures, displays or language would be likely to provoke a violent response in persons of ordinary sensibility;
(Ord. 47-77. Passed 5-10-77.)
(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.
(b) 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.
(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 subsection (b) hereof.
(d) 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 subsection (b) hereof.
(e) Whoever violates this section is guilty of disorderly conduct. Except as otherwise provided in this subsection, disorderly conduct is a misdemeanor of the fourth degree. If the offender persists in disorderly conduct after reasonable warning or request to desist or if the offense is committed in the vicinity of a school, disorderly conduct is a misdemeanor of the third degree.
(f) As used in this section, Acommitted in the vicinity of a school" has the same meaning as in Ohio R.C. 2925.01. (ORC 2917.11)
(g) If the offense under subsection (a)(1), (3) or (5) hereof is committed by a person who is eighteen years of age or older, and occurred on school premises, then the court shall impose a mandatory term of imprisonment of at least ten days which shall not be suspended, shall be a period of consecutive imprisonment, and during which mandatory minimum term of imprisonment the defendant shall not be eligible for probation, house arrest or work release.
(Ord. 98-92. Passed 12-1-92.)