Chapter 509: Disorderly Conduct and Peace Disturbance

Sections

Cross references

  • See sectional histories for similar State law
  • Use of force to suppress riot - see Ohio R.C. 2917.05
  • Cordoning off riot areas, prohibiting sales of firearms and explosives - see Ohio R.C. 3761.16
  • Emergency suspension of permits and sales by Director of Liquor Control - see Ohio R.C. 4301.251
  • Criminal trespass - see GEN. OFF. 541.05

509.01   Riot

  1. (a) No person shall participate with four or more others in a course of disorderly conduct in violation of Section 509.03:

    1. (1) With purpose to commit or facilitate the commission of a misdemeanor, other than disorderly conduct;

    2. (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. (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.

  2. (b) No person shall participate with four or more others with purpose to do an act with unlawful force or violence, even though such act might otherwise be lawful.

  3. (c) Whoever violates this section is guilty of riot, a misdemeanor of the first degree.
    (ORC 2917.03)

509.02   Failure to disperse

  1. (a) Where five or more persons are participating in a course of disorderly conduct in violation of Section 509.03, 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 such other persons to disperse. No person shall knowingly fail to obey such order.

  2. (b) Nothing in this section requires persons to disperse who are peaceably assembled for a lawful purpose.

  3. (c)

    1. (1) Whoever violates this section is guilty of failure to disperse.

    2. (2) Except as otherwise provided in subsection (c)(3) hereof, failure to disperse is a minor misdemeanor.

    3. (3) Failure to disperse is a misdemeanor of the fourth degree if the failure to obey the order described in subsection (a) hereof, 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.
      (ORC 2917.04)

509.03   Disorderly conduct; intoxication

  1. (a) No person shall recklessly cause inconvenience, annoyance or alarm to another by doing any of the following:

    1. (1) Engaging in fighting, in threatening harm to persons or property, or in violent or turbulent behavior;

    2. (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. (3) Insulting, taunting or challenging another, under circumstances in which that conduct is likely to provoke a violent response;

    4. (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 that serves no lawful and reasonable purpose of the offender;

    5. (5) Creating a condition that is physically offensive to persons or that presents a risk of physical harm to persons or property, by any act that serves no lawful and reasonable purpose of the offender.

  2. (b) No person, while voluntarily intoxicated shall do either of the following:

    1. (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 the offender were not intoxicated, should know is likely to have that effect on others;

    2. (2) Engage in conduct or create a condition that presents a risk of physical harm to the offender or another, or to the property of another.

  3. (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.

  4. (d) If a person appears to an ordinary observer to be intoxicated, it is probable cause to believe that person is voluntarily intoxicated for purposes of subsection (b) hereof.

  5. (e)

    1. (1) Whoever violates this section is guilty of disorderly conduct.

    2. (2) Except as otherwise provided in subsections (e)(3) and (e)(4), disorderly conduct is a minor misdemeanor.

    3. (3) Disorderly conduct is a misdemeanor of the fourth degree if any of the following applies:

      1. (A) The offender persists in disorderly conduct after reasonable warning or request to desist.

      2. (B) The offense is committed in the vicinity of a school or in a school safety zone.

      3. (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.

      4. (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.

    4. (4) If an offender previously has been convicted of or pleaded guilty to three or more violations of subsection (b) of this section, a violation of subsection (b) of this section is a misdemeanor of the fourth degree.

  6. (f) As used in this section:

    1. (1) “Emergency medical services person” is the singular of “emergency medical services personnel” as defined in Ohio R.C. 2133.21.

    2. (2) “Emergency facility person” is the singular of “emergency facility personnel” as defined in Ohio R.C. 2909.04.

    3. (3) “Emergency facility” has the same meaning as in Ohio R.C. 2909.04.

    4. (4) “Committed in the vicinity of a school” has the same meaning as in Ohio R.C. 2925.01.
      (ORC 2917.11)

509.04   Disturbing a lawful meeting

  1. (a) No person, with purpose to prevent or disrupt a lawful meeting, procession or gathering, shall do either of the following:

    1. (1) Do any act which obstructs or interferes with the due conduct of such meeting, procession or gathering;

    2. (2) Make any utterance, gesture or display which outrages the sensibilities of the group.

  2. (b) Whoever violates this section is guilty of disturbing a lawful meeting, a misdemeanor of the fourth degree.
    (ORC 2917.12)

509.05   Misconduct at an emergency

  1. (a) No person shall knowingly do any of the following:

    1. (1) Hamper the lawful operations of any law enforcement officer, firefighter, rescuer, medical person, emergency medical services person, or other authorized person, engaged in the person’s duties at the scene of a fire, accident, disaster, riot, or emergency of any kind;

    2. (2) Hamper the lawful activities of any emergency facility person who is engaged in the person’s duties in an emergency facility;

    3. (3) Fail to obey the lawful order of any law enforcement officer engaged in the law enforcement officer’s duties at the scene of or in connection with a fire, accident, disaster, riot, or emergency of any kind.

  2. (b) Nothing in this section shall be construed to limit access or deny information to any news media representative in the lawful exercise of the news media representative’s duties.

  3. (c) Whoever violates this section is guilty of misconduct at an emergency. Except as otherwise provided in this subsection, misconduct at an emergency is a misdemeanor of the fourth degree. If a violation of this section creates a risk of physical harm to persons or property, misconduct at an emergency is a misdemeanor of the first degree.

  4. (d) As used in this section:

    1. (1) “Emergency medical services person” is the singular of “emergency medical services personnel” as defined in Ohio R.C. 2133.21.

    2. (2) “Emergency facility person” is the singular of “emergency facility personnel” as defined in Ohio R.C. 2909.04.

    3. (3) “Emergency facility” has the same meaning as in Ohio R.C. 2909.04.
      (ORC 2917.13)

509.06   Inducing panic

  1. (a) No person shall cause the evacuation of any public place, or otherwise cause serious public inconvenience or alarm, by doing any of the following:

    1. (1) Initiating or circulating a report or warning of an alleged or impending fire, explosion, crime or other catastrophe, knowing that such report or warning is false;

    2. (2) Threatening to commit any offense of violence;

    3. (3) Committing any offense, with reckless disregard of the likelihood that its commission will cause serious public inconvenience or alarm.

  2. (b) Division (a) hereof does not apply to any person conducting an authorized fire or emergency drill.

  3. (c) Whoever violates this section is guilty of inducing panic, a misdemeanor of the first degree. If inducing panic results in physical harm to any person, economic harm of one thousand dollars ($1,000) or more, if the public place involved in a violation of this section is a school or an institution of higher education, or if the violation pertains to a purported, threatened or actual use of a weapon of mass destruction, inducing panic is a felony and shall be prosecuted under appropriate State law.

  4. (d) Any act that is a violation of this section and any other section of the Codified Ordinances may be prosecuted under this section, the other section, or both sections.

  5. (e) As used in this section:

    1. (1) “Economic harm” means any of the following:

      1. (A) All direct, incidental, and consequential pecuniary harm suffered by a victim as a result of criminal conduct. “Economic harm” as described in this division includes, but is not limited to, all of the following:

        1. (1) All wages, salaries, or other compensation lost as a result of the criminal conduct;

        2. (2) The cost of all wages, salaries, or other compensation paid to employees for time those employees are prevented from working as a result of the criminal conduct;

        3. (3) The overhead costs incurred for the time that a business is shut down as a result of the criminal conduct;

        4. (4) The loss of value to tangible or intangible property that was damaged as a result of the criminal conduct.

      2. (B) All costs incurred by the Municipality as a result of, or in making any response to, the criminal conduct that constituted the violation of this section or Section 509.07, including, but not limited to, all costs so incurred by any law enforcement officers, firefighters, rescue personnel, or emergency medical services personnel of the state or the political subdivision.

    2. (2) “School” means any school operated by a board of education or any school for which the state board of education prescribes minimum standards under Ohio R.C. 3301.07, whether or not any instruction, extracurricular activities, or training provided by the school is being conducted at the time a violation of this section is committed.

    3. (3) “Weapon of mass destruction” means any of the following:

      1. (A) Any weapon that is designed or intended to cause death or serious physical harm through the release, dissemination, or impact of toxic or poisonous chemicals, or their precursors;

      2. (B) Any weapon involving a disease organism or biological agent;

      3. (C) Any weapon that is designed to release radiation or radioactivity at a level dangerous to human life;

      4. (D) Any of the following, except to the extent that the item or device in question is expressly excepted from the definition of “destructive device” pursuant to 18 U.S.C. 921(a)(4) and regulations issued under that section:

        1. (1) Any explosive, incendiary, or poison gas bomb, grenade, rocket having a propellant charge of more than four ounces, missile having an explosive or incendiary charge of more than one-quarter ounce, mine, or similar device;

        2. (2) Any combination of parts either designed or intended for use in converting any item or device into any item or device described in division (e)(3)D.1. of this section and from which an item or device described in that division may be readily assembled.

    4. (4) “Biological agent” has the same meaning as in Ohio R.C. 2917.33.

    5. (5) “Emergency medical services personnel” has the same meaning as in Ohio R.C. 2133.21.

    6. (6) “Institution of higher education” means any of the following:

      1. (A) A state university or college as defined in Ohio R.C. 3345.12(A) (1), community college, state community college, university branch, or technical college;

      2. (B) A private, nonprofit college, university or other post-secondary institution located in this State that possesses a certificate of authorization issued by the Ohio Board of Regents pursuant to Ohio R.C. Chapter 1713.

      3. (C) A post-secondary institution with a certificate of registration issued by the State Board of Career Colleges and Schools under Ohio R.C. Chapter 3332.
        (ORC 2917.31)

509.07   Making false alarms

  1. (a) No person shall do any of the following:

    1. (1) Initiate or circulate a report or warning of an alleged or impending fire, explosion, crime or other catastrophe, knowing that the report or warning is false and likely to cause public inconvenience or alarm;

    2. (2) Knowingly cause a false alarm of fire or other emergency to be transmitted to or within any organization, public or private, for dealing with emergencies involving a risk of physical harm to persons or property;

    3. (3) Report to any law enforcement agency an alleged offense or other incident within its concern, knowing that such offense did not occur.

    4. (4) Initiate or circulate a report or warning of an alleged or impending fire, explosion, crime, or other catastrophe, knowing that the report or warning is false and likely to impede the operation of a critical infrastructure facility.

  2. (b) This section does not apply to any person conducting an authorized fire or emergency drill.

  3. (c) Whoever violates this section is guilty of making false alarms, a misdemeanor of the first degree. If a violation of this section results in economic harm of one thousand dollars ($1,000) or more, or if a violation of this section pertains to a purported, threatened, or actual use of a weapon of mass destruction, making false alarms is a felony and shall be prosecuted under appropriate State law.

  4. (d) Any act that is a violation of this section and any other section of the Codified Ordinances may be prosecuted under this section, the other section, or both sections.

  5. (e) As used in this section:

    1. (1) “Critical infrastructure facility” has the same meaning as in Ohio R.C. 2911.21.

    2. (2) “Economic harm”and “weapon of mass destruction” have the same meaning as in Section 509.06.
      (ORC 2917.32)

509.08   Unnecessary noise

  1. (a) No person shall cause, create, allow, or permit to be made within the Village any unreasonably loud, disturbing and unnecessary noise, or noises of such character, intensity and duration as to be detrimental to the life and health of any individual.

  2. (b) Loud, disturbing and unnecessary noises in violation of this section shall include without limitation the following:

    1. (1) The sounding of any horn, bell or other signal or warning device on any motor vehicle, motorcycle, bus, or other vehicle except as a danger or warning signal;

    2. (2) The use or operation of any radio, phonograph, musical instrument or device designed for the production or reproduction of sound in such a manner or with such volume as to disturb the peace, quiet and comfort of any reasonable person of normal sensitivity residing in the Village or with a volume louder than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which the device is operated and who are voluntary listeners. The operation of any of the above-named devices between the hours of 11:00 p.m. and 7:00 a.m. that produces noise that is plainly audible at a distance of fifty (50) feet from the source of the noise will be prima facie evidence of a violation;

    3. (3) The keeping of any animal or bird which, by causing frequent or long continued noise disturbs the comfort or repose of any person in the vicinity, where such noise can be distinctly heard outside the property line of the premises at which the animal or bird is kept;

    4. (4) The use of any motorcycle or vehicle so out of repair or loaded so as to create loud or unnecessary grating, grinding, rattling or other noise;

    5. (5) The blowing of any steam whistle attached to any stationary boiler except for the purpose of giving notice of the time to begin or stop work or as a warning of danger;

    6. (6) The unreasonable discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor vehicle or motor boat engine;

    7. (7) The creation of a loud and excessive noise in connection with the loading or unloading of any vehicle or the opening and destruction of bales, boxes, crates and containers;

    8. (8) The making of any unnecessary or unseemly noise by a person or by operation of any instrument, device, agency or vehicle, the performance of any construction or demolition activity or the operation of any mechanical, electrical, pneumatically, hydraulically powered or battery operated apparatus used in connection with any construction or demolition activity between the hours of 7:00 p.m. and 7:00 a.m. from Monday to Saturday, inclusive. No such activity or operation shall be performed on Sundays or holidays;

    9. (9) The use of any mechanical device operated by compressed air, excluding a jack hammer operated between the hours of 7:00 a.m. and 7:00 p.m. from Monday to Saturday, inclusive;

    10. (10) The creation of any excessive noise on any street adjacent to any school, institution or learning, or church which unreasonably interferes with the operation of such school, institution of learning or church.

  3. (c) None of the prohibitions set forth in subsections (a) and (b) shall apply to the following:

    1. (1) Any police vehicle, ambulance, fire engine or emergency vehicle while engaged in necessary emergency activities;

    2. (2) Noise of safety signals and warning devices;

    3. (3) Emergency utility or other repair work, such as restoring electric power lines or a water or sewer main;

    4. (4) Excavation or repair of bridges, streets or highways by or on behalf of the Village, State of Ohio, or Cuyahoga County between the hours of 7:00 p.m. and 7:00 a.m., when the public welfare, safety and convenience render it impossible to perform such work during other hours;

    5. (5) Noises from lawfully scheduled sporting events, parades, fireworks, festivals, and concerts;

    6. (6) Noises resulting from band concerts or other public entertainments or announcements given with the consent of Council;

    7. (7) Noises resulting from school bells and playground activity;

    8. (8) Construction sounds occurring between 7:00 a.m. and 7:00 p.m., except on Sundays and national holidays;

    9. (9) Refuse collection occurring between 7:00 a.m. and 7:00 p.m., except as otherwise provided by Section 933.06 of the Codified Ordinances.

  4. (d) No person shall install or allow to be maintained on or about any residence within the Village an audible alarm of any nature whatsoever that does not have an automatic reset allowing the alarm to ring a maximum of twelve minutes duration.

  5. (e) Whoever violates this section is guilty of a misdemeanor of the first degree.
    (Ord. 2008-53. Passed 2-9-09.)

509.09   Vagrants

(Editor’s note: Former Section 509.09 was repealed by Ordinance 2018-66.)

509.10   Minors’ curfew

  1. (a) No child, unless accompanied by a parent, guardian or another adult approved by a parent or guardian, shall enter or remain on any street, sidewalk, or other public place, either on foot or any type of vehicle, during the following hours:

    1. (1) A child under the age of sixteen between 11:00 p.m. and 6:00 a.m.;

    2. (2) A child the age of sixteen or seventeen, between 1:00 a.m. and 6:00 a.m.

  2. (b) A child who violates subsection (a) hereof shall be deemed unruly, neglected, dependent and/or a child without proper parental care and shall be subject to the jurisdiction of Juvenile Court.

  3. (c) It shall be an affirmative defense to prosecution under subsection (a) hereof that the minor child was in attendance or traveling to or from a school, religious, or civic function; or traveling to or from employment, or otherwise engaged in the course of their employment; or responding to a medical or other emergency.

  4. (d) No parent, guardian or other adult person having the care and/or control of a child with the consent of the child’s parent, guardian or court order shall negligently permit or allow the child to violate subsection (a) hereof.

  5. (e) It shall be an affirmative defense to prosecution under subsection (a) hereof that the parent, guardian or other adult person having the care and/or control of a child with the consent of the child’s parent, guardian or court order, immediately reported to the police the child’s refusal or failure to comply with subsection (a) hereof.

  6. (f) No person operating or in charge of any amusement, entertainment, or refreshment or any other place of business, shall allow any child to enter, remain in or at, that place in violation of subsection (a) hereof.

  7. (g) It is an affirmative defense to a violation of subsection (f) hereof that the person operating or in charge of the place of amusement, entertainment or refreshment, or any other place of business where the child was present, immediately reported to the police the child’s presence there.

  8. (h) Any person who violates subsection (d) or (f) hereof shall be guilty of a misdemeanor of the fourth degree upon conviction of a first offense, and shall be guilty of a misdemeanor of the second degree upon a conviction of a second or subsequent offense. In addition to any other method of enforcement, this offense may be enforced by the issuance of a citation per Criminal Rule 4.1.
    (Ord. 1996-81. Passed 1-13-97.)

509.99   Penalty

(Editor’s note: See Section 501.99 for penalties applicable to any misdemeanor classification.)