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60-08 OrdinanceRECORD OF ORDINANCES 60-08 Ordi~aa~~ce No Par.recl . 20 AN ORDINANCE AMENDING CHAPTER 132 OF THE CODIFIED ORDINANCES OF THE CITY OF DUBLIN, BY ENACTING A NEW SECTION, MAKING AN EXCEPTION ALLOWING FOR THE FIRING OF BLANK AMMUNITION WHEN CONDUCTED IN CONJUNCTION WITH A FUNERAL, PATRIOTIC EVENT, OR SUCH OTHER ACTIVITY AS SPECIFICALLY AUTHORIZED BY THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE WHEREAS, Section 132.03 of the Codified Ordinances of the City of Dublin prohibits anyone from "creating or causing the creation of noise so as to disturb or disrupt the peace and quiet of any reasonable person of normal sensitivity"; and WHEREAS, sounds emanating from the firing of blank ammunition may create or cause the creation of noise so as to disturb or disrupt the peace and quiet of any reasonable person of normal sensitivity; and WHEREAS, an exception should be made for the firing of blank ammunition in conjunction with a funeral, patriotic event, or such other activity as specifically authorized by the City Manager or the City Manager's designee. NOW, THEREF RE, BE IT ORDAINED by the Council, of the City of Dublin, State of Ohio, of the elected members concurring: Section 1. That existing section 132.03 of the Codified Ordinances of the City of Dublin be amended as follows. (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: RECORD OF ORDINANCES Davion Le~ai Blank. Inc. Oizlinam•e No. (a) The emission of sound in such a manner as to be plainly audible at a distance 50 feet from the building, structure, vehicle, equipment, machinery, animal or fowl from which the sound is emanating. (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. 9. Noise related to the discharge of blank ammunition when conducted in conjunction with a funeral, patriotic event or such other activity as specifically authorized by the Cit~Manaaer or the City Manager's designee. (B) No person, while voluntarily intoxicated shall do either of the following: 60-08 Page 2 Passer! , 20 (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 division (B) above. (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 division (B) above. RECORD OF ORDINANCES Ordincr~rce No. 60-08 Page 3 Pas.secl 20 (E) Whoever violates this section is guilty of disorderly conduct. (1) Except as otherwise provided in division (E)(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 R.C. ~ 2925.01. Section 2. This Ordinance shall take effect and be in force from and after the earliest date permitted by law. Passed this ~~{ day of ~Q,'~-~eyyi,~,v~, 2008. Mayor -Presiding Officer ATTEST: Clerk of Council I hereby certify that copies of this Ordinance/Resolution were posted in the City of Dublin in accordance with Section 731.25 of the Ohio Revised Code. Deptr~ Clerk of Council, Dublin, Ohio SZD SChIOT 7Eh57[Ih' MEMORANDUM TO: Dublin City Council Jane S. Brautigam, City Manager ~,4~W ~°~ 55~ FROM: Stephen J. Smith, Law Director Jennifer Readler, Assistant Law Director Andre Porter DATE: August 14, 2008 RE: Ordinance 60-08, Code Amendment - Exception to the Disorderly Conduct Code Allowing for the Firing of Blank Ammunition SUMMARY: Section 132.03 of the Codified Ordinances of the City of Dublin contains Dublin's Disorderly Conduct Code which prohibits anyone from "creating or causing the creation of noise so as to disturb or disrupt the peace and quiet of any reasonable person of normal sensitivity." The Disorderly Conduct Code currently contains several exceptions allowing for noises related to scheduled school events, construction operations, trash collection, safety and emergency vehicles, lawn mowing, and other emergencies. Ordinance No. 61-08 would make an additional exception allowing for the firing of blank ammunition when conducted in conjunction with funerals, patriotic events, and at other activities when specifically authorized by the City Manager or the City Manager's designee. RECOMMENDATION: We recommend approval of Ordinance No. 61-08.