DISORDERLY CONDUCT AND ACTIVITY

Codified Ordinances of Cleveland pt. SIX, tit. I, ch. 605

in effect

Codified Ordinances of Cleveland § 605.01 Riot

§ 605.01 Riot (a) No person shall participate with four (4) or more others in a course of disorderly conduct in violation of Section 605.03, including but not limited to at a community event, place of business, or any City of Cleveland property, facility, or recreation area: (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; or (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 four (4) or more others with purpose to do an act with unlawful force or violence, even though such act might otherwise be lawful. (c) Whoever violates this section is guilty of riot, a misdemeanor of the first degree. (RC 2917.03; Ord. No. 1392-11. Passed 12-5-11, eff. 12-9-11 without the signature of the Mayor)

Codified Ordinances of Cleveland § 605.02 Failure to Disperse

§ 605.02 Failure to Disperse (a) Where five (5) or more persons are participating in a course of disorderly conduct in violation of Section 605.03, 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. (b) Nothing in this section requires persons to disperse who are peaceably assembled for a lawful purpose. (c) Whoever violates this section is guilty of failure to disperse, a misdemeanor of the first degree. (RC 2917.04; Ord. No. 1631-05. Passed 3-20-06, eff. 3-24-06)

Codified Ordinances of Cleveland § 605.03 Disorderly Conduct; Intoxication

§ 605.03 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, 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. (b) No person, while voluntarily intoxicated shall do either of the following: (1) In a public place or in the presence of two (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 he or she 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 herself 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) 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 division (b) of this section. (e) Whoever violates this section is guilty of disorderly conduct, a minor misdemeanor. If the offender persists in disorderly conduct after reasonable warning or request to desist, disorderly conduct is a misdemeanor of the first degree. (RC 2917.11; Ord. No. 1631-05. Passed 3-20-06, eff. 3-24-06)

Codified Ordinances of Cleveland § 605.04 Disturbing a Lawful Meeting

§ 605.04 Disturbing a Lawful Meeting (a) No person, with purpose to prevent or disrupt a lawful meeting, procession or gathering, shall do either of the following: (1) Do any act which obstructs or interferes with the due conduct of such meeting, procession or gathering; (2) Make any utterance, gesture or display which outrages the sensibilities of the group. (b) Whoever violates this section is guilty of disturbing a lawful meeting, a misdemeanor of the fourth degree. (RC 2917.12; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)

Codified Ordinances of Cleveland § 605.05 Misconduct at an Emergency

§ 605.05 Misconduct at an Emergency (a) No person shall knowingly: (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) Hamper the lawful activities of any emergency facility person who is engaged in the person’s duties in an emergency facility. (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. (b) Nothing in this section shall be construed to limit access or deny information to any news media representative in the lawful exercise of his or her duties. (c) Whoever violates this section is guilty of misconduct at an emergency. Except as otherwise provided in this section, misconduct at an emergency is a misdemeanor of the fourth degree. If 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. (d) As used in this section: (1) “Emergency medical services person” is the singular of “emergency medical services personnel” as defined in RC 2133.21. (2) “Emergency facility person” is the singular of “emergency facility personnel” as defined in RC 2909.04. (3) “Emergency facility” has the same meaning as in RC 2909.04. (RC 2917.13; Ord. No. 1631-05. Passed 3-20-06, eff. 3-24-06)

Codified Ordinances of Cleveland § 605.06 Inducing Panic

§ 605.06 Inducing Panic (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) 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) Threatening to commit any offense of violence; (3) Committing any offense, with reckless disregard of the likelihood that its commission will cause serious public inconvenience or alarm. (b) This section does not apply if: (1) Physical harm is caused to any person; or (2) The offense results in economic harm of five hundred dollars ($500.00) or more; or (3) The public place involved is a school; or (4) The violation pertains to a purported, threatened, or actual use of a weapon of mass destruction. (c) Division (a) of this section does not apply to any person conducting an authorized fire or emergency drill. (d) Whoever violates this section is guilty of inducing panic, a misdemeanor of the first degree. (RC 2917.31; Ord. No. 1631-05. Passed 3-20-06, eff. 3-24-06)

Codified Ordinances of Cleveland § 605.07 Making False Alarms

§ 605.07 Making False Alarms (a) No person shall do any of the following: (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) 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) Report to any law enforcement agency an alleged offense or other incident within its concern, knowing that such offense did not occur; (4) Report a medical emergency, injury or condition knowing that none exists. (b) This section does not apply: (1) To any person conducting an authorized fire or emergency drill; or (2) If the violation results in economic harm of five hundred dollars ($500.00) or more; or (3) If a violation of this section pertains to a purported, threatened or actual use of a weapon of mass destruction. (c) Whoever violates this section is guilty of making false alarms, a misdemeanor of the first degree. (RC 2917.32; Ord. No. 204-10. Passed 5-10-10, eff. 5-20-10)

Codified Ordinances of Cleveland § 605.08 Criminal Activity on School Property

§ 605.08 Criminal Activity on School Property (a) No person shall threaten, menace or use improper, indecent or obscene language toward a teacher, instructor, professor, person in charge of a class of students or employee of any school, college or university while in the performance of his or her duties. (b) No person shall disrupt, disturb or interfere with the teaching of any class of students, or any other activity conducted in a school, college or university building, or upon the campus or grounds thereof. (c) No person shall assault, strike, threaten, menace, follow, pursue or use profane, indecent or obscene language toward a student or other person in a school, college or university building, or upon the campus or grounds thereof, or upon the way to or from any school, college or university sponsored activity. (d) This section does not apply if the violation is an assault and the victim of the offense is a school teacher or administration or a school bus operator, and the offense occurs in a school, on school premises, in a school building, on a school bus, or while the victims outside of school premises or a school bus and is engaged in duties or official responsibilities associated with the victim’s employment or position as a school teacher or administrator or a school bus operator, including, but not limited to, driving, accompanying, or chaperoning students at or on class or filed trips, athletic events, or other school extracurricular activities or functions outside of school premises. (e) Whoever violates this section is guilty of criminal activity on school property, a misdemeanor of the first degree. (Ord. No. 1631-05. Passed 3-20-06, eff. 3-24-06)

Codified Ordinances of Cleveland § 605.09 Unlawful Congregation

§ 605.09 Unlawful Congregation (a) No person shall congregate with others on the sidewalk, street corner or within the parks or public grounds, with intent to provoke a breach of the peace, or whereby a breach of the peace may be occasioned by the serious annoyance to pedestrians or by threatening, insulting or abusive conduct, and refuse to move on when ordered by a police officer. (b) Whoever violates this section is guilty of unlawful congregation, a misdemeanor of the first degree. (Ord. No. 1015-91. Passed 7-24-91, eff. 7-31-91)

Codified Ordinances of Cleveland § 605.10 Unnecessary Noise

§ 605.10 Unnecessary Noise (a) No person shall make, or cause, suffer, allow, or permit to be made within the City any unreasonably loud, disturbing and unnecessary noise, or noises of such character, intensity or duration as to be detrimental to the life and health of any individual, or unreasonably disturb the quiet, comfort, or repose of neighboring inhabitants. (b) Loud, disturbing and unnecessary noises in violation of this section shall include without limitation the following: (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) The keeping of any animal or bird which, by causing frequent or long continued noise disturbs the comfort and 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; (3) The use of any motorcycle, or vehicle so out of repair or so loaded as to create loud or unnecessary grating, grinding, rattling or other noise; (4) The blowing of any steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work or as a warning of danger, or the use of steam under pressure for cleaning purposes in any establishment between the hours of 7:00 p.m. and 7:00 a.m., when the windows of such establishment are open; (5) The unreasonable discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor vehicle or motor boat engine; (6) The use of any mechanical device operated by compressed air (excluding a jackhammer operated on weekdays between the hours of 8:00 a.m. and 7:00 p.m.) unless the noise created thereby is effectively muffled and reduced; (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) The making of any unnecessary noise by a person or by his or her operation of any instrument, device, agency or vehicle, and/or 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. within five hundred (500) feet of places of residence and one hundred fifty (150) feet of any portion of the grounds and premises on which is located a hospital or other institution reserved for the sick, aged or infirm, or within one hundred fifty (150) feet of any school, courthouse, church or building in which religious services are held, during school hours, hours of holding court or hours of public worship, respectively. The area within one hundred fifty (150) feet of a hospital, school, courthouse or church shall be a “zone of quiet” and the Director of Public Safety shall place signs within such zones of quiet calling attention to the prohibition against unnecessary noise; (9) The making of any loud or unnecessary noise in violation of Chapter 683 of these Codified Ordinances; (10) The discharge, ignition, or explosion of any fireworks, except novelty or trick fireworks as defined in RC 3743.01, and except for licensed exhibitors of fireworks authorized to conduct a fireworks exhibition pursuant to RC 3743.50 through 3743.55. (c) Emergency utility or other repair work, such as restoring electric power lines or a water or sewer main, shall be exempted from this ordinance. If there is a need to do any construction or demolition activity other than emergency repairs the construction contractor in charge of the project shall submit to the Director of Public Safety a request to perform construction work outside of the time allowed under this ordinance. The Director of Public Safety may grant an exemption to this ordinance if such an exemption is justified and necessary. (d) Whoever violates any of divisions (b)(1) through (b)(8) of this section is guilty of making unnecessary noise, a minor misdemeanor, and shall be fined pursuant to Section 601.99, which fine shall not be suspended, waived or otherwise reduced. Whoever violates this section within twelve (12) hours of having been charged with the minor misdemeanor of making unnecessary noise or of having been warned by a police officer to desist from making unnecessary noise is guilty of making unnecessary noise, a misdemeanor of the fourth degree, and shall be fined pursuant to Section 601.99 which fine shall not be suspended, waived, or otherwise reduced. (e) Whoever violates divisions (b)(9) or (b)(10) of this section shall be guilty of a misdemeanor of the fourth degree and shall be fined pursuant to Section 601.99 upon a first offense, which fine shall not be suspended, waived, or otherwise reduced, and subject to up to thirty (30) days in jail. Notwithstanding this division, the penalties contained in Section 683.99 shall apply to violations of division (b)(9) of this section. (f) Whoever violates division (b)(9) or (b)(10) of this section, upon any subsequent offense, or within thirty-six (36) hours of having been warned by a police officer to desist from violating one (1) of these sections, shall be guilty of a misdemeanor of the third degree and shall be fined pursuant to Section 601.99, which fine shall not be suspended, waived, or otherwise reduced, and subject to up to sixty (60) days in jail. Each day upon which a violation occurs or continues shall be a separate and punishable offense. (g) Whoever violates division (b)(10) of this section, during any of the dates of Memorial Day through Labor Day, inclusive, shall be guilty of a misdemeanor of the third degree and shall be fined pursuant to Section 601.99, which fine shall not be suspended, waived, or otherwise reduced, and subject to up to sixty (60) days in jail. Each day upon which a violation occurs or continues shall be a separate and punishable offense. (Ord. No. 899-08. Passed 6-9-08, eff. 6-16-08)

Codified Ordinances of Cleveland § 605.11 Misconduct Involving a Public Transportation System

§ 605.11 Misconduct Involving a Public Transportation System (a) No person shall evade the payment of the known fares of a public transportation system. (b) No person shall alter any transfer, pass, ticket, or token of a public transportation system with the purpose of evading the payment of fares or of defrauding the system. (c) No person shall do any of the following while in any facility or on any vehicle of a public transportation system: (1) Play sound equipment without the proper use of a private earphone; (2) Smoke, eat, or drink in any area where the activity is clearly marked as being prohibited; and (3) Expectorate upon a person, facility or vehicle. (d) No person shall fail to comply with a lawful order of a public transportation system police officer, and no person shall resist, obstruct, or abuse a public transportation system police officer in the performance of the officer's duties. (e) No person, without privilege to do so, and while on a public transportation system vehicle, shall negligently fail or refuse to leave such vehicle upon being notified to do so by the operator, driver, or an authorized agent of the public transportation system. (f) No person shall throw a rock, stone, bottle, missile, projectile, snowball or other hard substance at, within or from a public transportation system vehicle. (g) Whoever violates division (f) of this section is guilty of a misdemeanor of the second degree. If violation of division (f) of this section creates a risk of physical harm to any person, such violation is a misdemeanor of the first degree. (h) Whoever violates division (c) of this section is guilty of a minor misdemeanor on the first offense and a misdemeanor of the fourth degree on the second and any subsequent offense. (i) Whoever violates division (a), (b), (d), or (e) of this section is guilty of a misdemeanor of the fourth degree. (Ord. No. 167-13. Passed 4-15-13, eff. 4-19-13) Statutory reference: Similar State law, see RC 2917.41

Codified Ordinances of Cleveland § 605.011 Inciting to Riot

§ 605.011 Inciting to Riot (a) No person shall knowingly engage in conduct designed to incite another to commit the offense described in Section 605.01, Riot, when the following apply: (1) The conduct takes place under circumstances that create a clear and present danger that the offense of riot will be committed; (2) The conduct proximately results in the commission of the offense of riot. (b) This section may apply by means, including but not limited, use of criminal tools as defined in Section 625.08. (c) Whoever violates this section is guilty of inciting to riot, a misdemeanor of the first degree. (Ord. No. 1394-11. Passed 12-5-11, eff. 12-9-11 without the signature of the Mayor)

Codified Ordinances of Cleveland § 605.12 Mufflers on Engines

§ 605.12 Mufflers on Engines (a) No person shall, as the owner, agent, employee, operator or person in charge, use or operate any gas or gasoline engine within the City unless such gas or gasoline engine is equipped with a muffler. (b) Whoever violates this section is guilty of unlawful engine operation, a minor misdemeanor. (Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)

Codified Ordinances of Cleveland § 605.13 Public Intoxication

§ 605.13 Public Intoxication (a) No person shall be in a state of public intoxication or, being intoxicated, disturb the peace, good order and quiet of the City. (b) Whoever violates this section is guilty of public intoxication, a minor misdemeanor. (Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)

Codified Ordinances of Cleveland § 605.14 Minor’s Curfew

§ 605.14 Minor’s Curfew (a) No child twelve (12) years of age or under shall be upon the streets or sidewalks or in a park or any other public place during the period from darkness to dawn, nor shall any child between the ages of thirteen (13) and fourteen (14), inclusive, be upon the streets or sidewalks or in any park or other public place between 9:30 p.m. and 6:00 a.m. nor shall any child between the ages of fifteen (15) and sixteen (16), inclusive, be upon the streets or sidewalks or in any park or other public place between the hours of 11:00 p.m. and 6:00 a.m., nor shall any child seventeen (17) years of age be upon the streets or sidewalks between the hours of midnight and 6:00 a.m., unless the child is accompanied by a parent or legal guardian, or a responsible adult selected by the parent or legal guardian to supervise the child. (b) Each parent or legal guardian of a child seventeen (17) years of age or under shall have a duty to prohibit the child from behaving contrary to division (a) of this section. No person shall negligently fail to fulfill the duty imposed by this division. (c) It shall be an affirmative defense to division (b) of this section that the parent or legal guardian: (1) Initiated the jurisdiction of the Juvenile Court against the child prior to the time that the child was found violating division (a) of this section; (2) Can demonstrate based on the records of the employer, that it can be reasonably presumed that the child was en route to home from work in the evening or en route to work from home in the morning. (d) Any child who violates division (a) of this section is an unruly child and is subject to the jurisdiction of the Juvenile Court. (e) Any person who violates division (b) of this section is guilty of negligently failing to supervise a child, a misdemeanor of the fourth degree for a first offense, will be required to undergo a root cause analysis, and will be required to participate in family support programs as directed and guided by the Court, and may be required to perform supervised community service work pursuant to of RC 2951.02 in the ward in which the child was arrested or detained, the value of such service work not to exceed Two Hundred Fifty Dollars ($250.00). In addition to any other method of enforcement provided for in these Codified Ordinances or by statute, this offense may be enforced by the issuance of a citation in compliance with Rule 4.1 of the Ohio Rules of Criminal Procedure. Any person who is convicted of a second or subsequent offense for violating division (b) of this section is guilty of a misdemeanor of the third degree. As used in this section: “Family Support programs” means a broad array of supports and services, including formal supports (such as paid respite care) and informal supports (such as parent-to-parent connections) and a community system of services that promote the well being of families. “Root Cause Analysis” means the process of discovering the root causes of juvenile delinquency that include: realizing the program; gathering data; determining possible causal factors, identifying root causes and recommending and implementing appropriate solutions. (Ord. No. 860-2023. Passed 10-2-23, eff. 10-3-23)

Codified Ordinances of Cleveland § 605.15 Employment of Strikebreakers

§ 605.15 Employment of Strikebreakers (a) No person, firm or corporation directly involved in a labor dispute shall wilfully and knowingly employ, or contract or arrange for the recruitment or procuring for employment, any person who customarily and repeatedly offers himself or herself for employment for the duration of a strike or lockout in place of employees involved in a strike or lockout. (b) No person who customarily and repeatedly offers himself or herself for employment in place of employees involved in a labor dispute shall accept or offer to accept employment in place of an employee involved in a labor dispute. (c) No person, firm or corporation, not directly involved in a labor strike or lockout, shall recruit any person for employment, or secure or offer to secure for any person any employment, when the purpose of such recruiting, securing or offering to secure employment is to have such person take the place in employment of employees in an industry where a labor strike or lockout exists. (d) Whoever violates this section is guilty of unlawful strikebreaker employment, a misdemeanor of the first degree. (Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)

Codified Ordinances of Cleveland § 605.16 Prohibited Use of Mounted Police in Labor Dispute

§ 605.16 Prohibited Use of Mounted Police in Labor Dispute (a) No City official or officer of the Department of Public Safety or the Division of Police shall order or authorize the use of mounted police officers for any law enforcement activity in connection with or related to a labor dispute, nor shall any mounted police officer while on duty as a mounted police officer use his or her mount for any law enforcement activity connected with or related to a labor dispute. (b) Any person violating the provisions of this section shall be subject to departmental disciplinary action. (Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)

Codified Ordinances of Cleveland § 605.17 Prohibiting Use of Police Dogs in Labor Disputes

§ 605.17 Prohibiting Use of Police Dogs in Labor Disputes (a) No official or officer of the Department of Public Safety or the Division of Police shall order, authorize or direct nor shall any member of the Division of Police use or employ a dog, owned, harbored or under the control of the City of Cleveland, in connection with or related to a labor dispute. (b) Whoever violates this section shall be subject to departmental disciplinary action for violation of the laws of the City of Cleveland. (Ord. No. 1048-89. Passed 4-24-89, eff. 5-4-89 without the signature of the Mayor)

Codified Ordinances of Cleveland § 605.18 Harassment of Election Officials

§ 605.18 Harassment of Election Officials (a) As used in this section: (1) "Election official" means any of the following: (i) Secretary of State; (ii) employees of the Secretary of State serving the Division of Elections in the capacity of attorney, administrative officer, administrative assistant, elections administrator, office manager, or clerical supervisor; (iii) director of a board of elections; (iv) deputy director of a board of elections; (v) member of a board of elections; (vi) employees of a board of elections; (vii) precinct election officials; (vii) employees appointed by the boards of elections on a temporary or part-time basis. (RC 3501.01(U)) (2) "Family member" includes a spouse, children, parents, grandparents, grandchildren, and any person living in the household. (3) "Telecommunication" has the same meaning as in RC 2913.01 and includes, but is not limited to, any email, voicemail, fax, text, instant message, communication over or through any social media platform, and any other form of digital, electronic or telephonic communication. (4) "Telecommunications device" has the same meaning as in RC 2913.01. (5) "Communication" means any other communication not defined under division (3) including, but not limited to, any communication by U.S. mail, private mail service, private delivery service, in-person conduct, or through any other method intended to communicate with a precinct election official or voting location manager. (b) No person shall, directly or indirectly, knowingly make or cause to be made a telecommunication, or knowingly permit a telecommunication to be made from a telecommunication device under the person's control, to an election official, or a family member of an election official, with the intent to threaten, intimidate, menace, coerce, abuse, or harass the election official, or a family member of the election official, regarding or in connection with the election official's duties or responsibilities regarding any past, current, or future general, primary, or special election. (c) No person shall, directly or indirectly, knowingly engage in conduct or any form of communication or knowingly encourage another to engage in such conduct or communication with an election official, or a family member of an election official, with the intent to threaten, intimidate, menace, coerce, abuse, or harass the election official, or a family member of the election official, regarding or in connection with that election official's duties or responsibilities regarding any past, current, or future general, primary, or special election. (d) No person shall recklessly attempt to hinder or interfere with an election official in the execution of the election official's duties. (e) Whoever violates this section is guilty of harassment of an election official, a misdemeanor of the first degree. The court shall impose a mandatory term of imprisonment of at least three (3) days, which term shall not be suspended. (Ord. No. 1192-2022. Passed 11-7-22, eff. 11-7-22)

Codified Ordinances of Cleveland § 605.19 Loitering or Congregating Near Polling Places Prohibited

§ 605.19 Loitering or Congregating Near Polling Places Prohibited (a) During an election and the counting of the ballots, no person shall do any of the following: (1) Loiter, congregate, or engage in any kind of election campaigning within the area between the polling place and the small flags of the United States placed on the thoroughfares and walkways leading to the polling place, and if the line of electors waiting to vote extends beyond those small flags, within ten feet of any elector in that line; (2) In any manner hinder or delay an elector in reaching or leaving the place fixed for casting the elector's ballot; (3) Give, tender, or exhibit any ballot or ticket to any person other than the elector's own ballot to the precinct election officials within the area between the polling place and the small flags of the United States placed on the thoroughfares and walkways leading to the polling place, and if the line of electors waiting to vote extends beyond those small flags, within ten (10) feet of any elector in that line; (4) Exhibit any ticket or ballot which the elector intends to cast; (5) Solicit or in any manner attempt to influence any elector in casting the elector's vote. (b) (1) Except as otherwise provided in divisions (b)(2) and (b)(3) of this section, no person who is not an election official, employee, observer, or police officer shall be allowed to enter the polling place during the election, except for the purpose of voting or assisting another person to vote as provided in RC 3505.24. (2) Notwithstanding any provision of this section to the contrary, a journalist shall be allowed reasonable access to a polling place during an election. As used in this division, "journalist" has the same meaning as in division (B)(2) of RC 2923.129. (3) Notwithstanding any provision of this section to the contrary, any person may enter the polling place for the sole purpose of reviewing the official registration list posted in accordance with RC 3503.23, provided that the person does not engage in conduct that would constitute harassment in violation of the election law, as defined in RC 3501.90. (c) No more electors shall be allowed to approach the voting shelves at any time than there are voting shelves provided. (d) The precinct election officials and the police officer shall strictly enforce the observance of this section. (RC 3501.35) (e) Whoever violates this section is guilty of loitering or congregating near polling places, a misdemeanor of the first degree. Whoever violates division (a)(1), (a)(2), (a)(3), or (a)(5) or division (b) of this section shall be given a mandatory term of imprisonment of at least three (3) days, which term shall not be suspended. (Ord. No. 1192-2022. Passed 11-7-22, eff. 11-7-22)

Codified Ordinances of Cleveland § 605.071 Improper Use of 9-1-1 Telephone System

§ 605.071 Improper Use of 9-1-1 Telephone System (a) No person shall do any of the following: (1) Initiate a call to 9-1-1 regarding an alleged or impending fire, explosion, crime, or other emergency, knowing that such report is false, and likely to cause inconvenience or alarm; (2) Knowingly cause a false alarm of fire or other emergency to be transmitted to or within any safety service in the City of Cleveland, for dealing with emergencies involving a risk of physical harm to persons or property; (3) Report to 9-1-1 that an alleged offense or other incident within the respective areas of concern for the safety divisions occurred, knowing that such offense did not occur; (4) Knowingly use the 9-1-1 system, knowing that no major critical or life threatening emergency exists and knowing that such report is likely to result in unnecessary consumption of safety services; or (b) This section does not apply: (1) To any person conducting an authorized fire or emergency drill; or (2) If the violation results in economic harm of five hundred dollars ($500.00) or more; or (3) If a violation of this section pertains to a purported, threatened or actual use of a weapon of mass destruction. (c) Whoever violates this section is guilty of improper use of 9-1-1 telephone system, a misdemeanor of the first degree. (Ord. No. 1631-05. Passed 3-20-06, eff. 3-24-06)

Codified Ordinances of Cleveland § 605.141 Children of Compulsory School Age to be in Attendance at School; Parental Duty Imposed

§ 605.141 Children of Compulsory School Age to be in Attendance at School; Parental Duty Imposed (a) No child between the ages of six (6) and seventeen (17), inclusive, other than a child that has been suspended or expelled from school, shall be at any place within the City except in attendance at school between the hours of 10:00 a.m. and 2:30 p.m. during any school day, unless the child has written proof from school authorities excusing him or her from attending school at that particular time, or unless the child is accompanied by a parent or legal guardian, or a responsible adult selected by the parent or legal guardian to supervise the child. (b) Each parent or legal guardian of a child between the ages of six (6) and seventeen (17), inclusive, shall have a duty to prohibit the child from behaving contrary to division (a) of this section. No person shall negligently fail to fulfill the duty imposed by this division. (c) It shall be an affirmative defense to divisions (a) and (b) of this section that the child, at the time he or she was found at a place other than in school, was not required by law to be in attendance at school. (d) It shall be an affirmative defense to division (b) of this section that the parent or legal guardian: (1) Initiated the jurisdiction of the Juvenile Court against the child prior to the time that the child was found violating division (a) of this section; or (2) Can demonstrate based upon the records of the Cleveland City School District that the parent or legal guardian has been actively working with officials of the Cleveland City School District regarding the behavior of the child prior to the time that the child was found violating division (a) of this section. (e) A police officer or school attendance officer may transport any child found violating division (a) of this section to the child’s residence and may release the child into the care of a parent or legal guardian, to the school the child usually attends, or to any location designated by the school authorities as a receiving center for such children, the choice of destination to be made at the discretion of the police officer or school attendance officer based on proximity of the destination and other relevant factors, and subject to the need to respond to emergency or priority calls. (f) Any child who violates division (a) of this section is an unruly child and is subject to the jurisdiction of the Juvenile Court. (g) Any person who violates division (b) of this section is guilty of negligently failing to supervise a child of compulsory school age, a misdemeanor of the fourth degree for a first offense. Any person who is convicted of a second or subsequent offense for violating division (b) of this section is guilty of a misdemeanor of the third degree. (Ord. No. 864-05. Passed 7-13-05, eff. 7-20-05)

Codified Ordinances of Cleveland § 605.142 Children Suspended or Expelled from School to Remain Under Supervision; Parental Duties Imposed

§ 605.142 Children Suspended or Expelled from School to Remain Under Supervision; Parental Duties Imposed (a) If a child is suspended or expelled from school, then each parent or legal guardian of the child shall have the following duties for the duration of the suspension or expulsion: (1) The duty to personally supervise the child, or to arrange for a responsible adult to supervise the child, at the times that the child would have been required to be in attendance at school had he or she not been suspended or expelled; and (2) The duty to prohibit the child from being at any public place at the times that the child would have been required to be in attendance at school had he or she not been suspended or expelled, except in the following circumstances: A. When the child is accompanied by the parent or legal guardian, or a responsible adult selected by the parent or legal guardian to supervise the child; or B. When the child is employed pursuant to an age and schooling certificate issued by the school authorities, during the times that the child is actually on the job or traveling directly to or from the job site; or C. When the child is on an emergency errand; or D. When the child has been directed by the parent or legal guardian to engage in a specific activity or to carry out express instructions, during the times that the child is actually engaged in fulfilling those directions or instructions. No person shall negligently fail to fulfill the duties imposed by this division. (b) No child that has been suspended or expelled from school shall fail to comply with supervision provided or arranged by a parent or legal guardian pursuant to division (a)(1) of this section. (c) No child that has been suspended or expelled from school shall be in any public place at the times that he or she would have been required to be in attendance at school had he or she not been suspended or expelled, except in the circumstances described in divisions (a)(2)A, (a)(2)B, (a)(2)C or (a)(2)D. (d) As used in this section, “public place” includes any street, sidewalk, park, cemetery, school yard, body of water or watercourse, public conveyance, or any other place for the sale of merchandise, public accommodation or amusement. (e) A police officer or school attendance officer may transport any child found violating division (a) of this section to the child’s residence and may release the child into the care of a parent or legal guardian, to the school the child usually attends, or to any location designated by the school authorities as a receiving center for such children, the choice of destination to be made at the discretion of the police officer or school attendance officer based on proximity of the destination and other relevant factors, and subject to the need to respond to emergency or priority calls. (f) Any child that violates divisions (b) or (c) of this section is an unruly child and is subject to the jurisdiction of the Juvenile Court. (g) Any person that negligently fails to fulfill the duty imposed by division (a) of this section is guilty of negligently failing to supervise a suspended or expelled child, a misdemeanor of the second degree for a first offense. Any person who is convicted of a second or subsequent offense for violating division (a) of this section is guilty of a misdemeanor of the first degree. (Ord. No. 864-05. Passed 7-13-05, eff. 7-20-05)

Codified Ordinances of Cleveland § 605.143 Parental Education Neglect

§ 605.143 Parental Education Neglect No person required to attend parental education or training program pursuant to a policy adopted under division (A) or (B) of RC 3313.663 shall fail to attend the program. Whoever violates this section is guilty of parental education neglect, a misdemeanor of the fourth degree. (Ord. No. 864-05, § 3. Passed 7-13-05, eff. 7-20-05)

Source: City of Cleveland, Ohio, Codified Ordinances and City Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/cleveland/latest/cleveland_oh/0-0-0-31467Fetched: 11/1/2026