14-02 Amend 509.03 Disorderly Conduct; Intoxication

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PLACED ON IST READING & REFERRED TO THE RULES & ORD~M~IC,~ CMTE. 2/19/02. PLACED ON 2ND READING 3/4/02. ORDINANCE NO. 14-02 BY: Corrigan, Durum, FitzGerald, George, Roth, Seelie, Skindell. AN ORDINANCE to amend section 509.03, Disorderly Conduct; Intoxication, of the Codified Ordinances of the City of Lakewood for the purpose of elevating the penalty where the offense is committed in the presence of law enforcement or emergency personnel and to remain consistent with the Ohio Revised Code. WHEREAS, this ordinance is necessary for the public health, welfare and safety. Now therefore, BE 1'1' ORDAINED BY THE CITY OF LAKE-WOOD, STATE OF OHIO Section 1. That section 509.06, Disorderly Conduct; Intoxication, of the Codified Ordinances of the City of Lakewood, currently reading as follows: 509.03 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; (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 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 or she were not intoxicated, should know i$ 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 herself or another, or to the property of another. (c) Violation of any statute or ordinance ~ 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 any of the provisions of this section is guilty of disorderly conduct, a minor misdemeanor, except that If the offender persists in disorderly conduct after reasonable warning or request to desist, or if the offender is