Permit

status and relevant City of Cleveland Ordinances Current status of permits a/o 10/20-2-11: 1. Permit for Public Square expires Friday, 10/21, 10:00 pm 2. Permit for West Roadway sidewalk expires Saturday, 10/22, 6:00 am City of Cleveland - Select ordinances potentially relevant to Occupy Cleveland activities (not inclusive) http://www.amlegal.com/nxt/gateway.dll/Ohio/cleveland_oh/codifiedordinancesofthecityofcleveland?f n=altmain-nf.htm$f=templates$3.0&vid=amlegal:cleveland_oh --------------------------------- 235.01 Declaration of Nonsmoking Places, Prohibition (a) Pursuant to RC 3794.05, the City hereby declares any outdoor area owned and/or controlled by the City and not otherwise qualifying as a nonsmoking place under RC Chapter 3794, to be a nonsmoking place, except areas specifically designated by the Director of Public Works as a designated smoking area. (b) No person shall refuse to immediately discontinue smoking in the outdoor areas declared nonsmoking places by this section when requested to do so by the Director of Public Health or his or her designee or any authorized City officer or employee. (c) The Director of Public Health or Director of Public Works shall post "No Smoking" signs conspicuously at the ingresses and egresses of all outdoor areas declared nonsmoking places and shall post signs to designate smoking areas where appropriate. (d) "Outdoor Area" means city-owned public parks, City-owned outdoor public recreation areas and City- owned swimming pools, and includes picnic shelters within City-owned parks and recreation areas; Public Square and all downtown Malls open to the public; and other City-owned areas adjacent to City-owned and occupied buildings that are used by the public not including the public right-of-way. "Outdoor Area" does not include the City-owned golf courses, North Coast Harbor, Voinovich Park, and 9th Street Pier, and City-owned fishing piers and breakwalls, City-owned cemeteries; and designated smoking areas at City airports as designated by the Director of Port Control and City buildings, as designated by the Director of Public Works. (Ord. No. 473-11. Passed 4-25-11, eff. 6-24-11) 235.02 No Smoking in Areas Within 150 Feet of Entrances and Exits of City Places of Employment (a) Smoking is prohibited within 150 feet of any entrance or exit of a City place of employment except as it affects real property not owned by the City or is otherwise permitted under RC Chapter 3794. A smoking area within the restricted zone at City airports as designated by the Director of

Port Control, and City buildings, as designated by the Director of Public Works, are not included in this prohibition. No person shall refuse to immediately discontinue smoking if smoking within 150 feet of any entrance or exit of a City place of employment, when requested to do so by the Director of Public Health or his or her designee, or any authorized City officer or employee. (b) The Director of Public Health shall post the prohibition set forth in division (a) on all "No Smoking" signs posted at any entrance and exit of City places of employment. (c) "City place of employment" means an enclosed area under the direct or indirect control of the City that the City's employees use for work or any other purpose, and that may also be open to the public. (Ord. No. 473-11. Passed 4-25-11, eff. 6-24-11) 559.45 Behavior in Parks Sleeping or protracted lounging on the seats or benches, or loud, boisterous, threatening or abusive, insulting or indecent language, or disorderly conduct or behavior, or any act tending to a breach of the public peace is strictly prohibited. 559.47 Entering "No Admittance" Areas No person shall enter any building, enclosure or place within any of the parks, upon which the words "No Admittance" are displayed or posted by sign, placard or otherwise without the consent of the Commissioner of Parks or other officer of the parks. 559.48 Swings and Hammocks No swings or hammocks shall be hung or swung in any of the parks, except on the posts erected by the Director of Public Properties for that purpose. 559.49 Fishing, Wading or Swimming Fishing, wading, swimming or bathing in any of the lakes, ponds, fountains or streams is prohibited. 559.50 Sounding Whistles Whistles must not be sounded within any of the parks by visitors. 559.51 Defacing Notices of Rules No person shall injure, deface or destroy any notice of the rules and regulations for the government of the parks, which have been posted or permanently fixed by order or permission of the Director of Public Properties. 559.52 Hours; Posting of Signs (a) The Director of Parks Recreation and Properties is hereby authorized to determine the hours during which the public shall be permitted within the limits of any park or recreational facility under the supervision and control of the Director or any portion thereof. The Director shall publish the hours determined pursuant this division (a) in the City Record.

 (b) The Director of Parks, Recreation and Properties shall post signs in the various parks and recreational facilities under the supervision and control of the Director identifying the hours during which the public shall be permitted within the limits of the park or recreational facility as determined by the Director pursuant to division (a) of this section. (Ord. No. 1611-95. Passed 12-18-95, eff. 12-23-95) 559.53 Trespass on City Facilities (a) No person shall trespass, loiter, or remain in or upon the grounds of any park or recreational facility under the supervision and control of the Director of Parks, Recreation and Properties during any hour when the public is not permitted in such park or recreational facility as determined by the Director pursuant to Section 559.53, unless such person has been authorized to be present in the park or recreational facility by the Director of Parks, Recreation and Properties. (b) No person shall trespass, loiter, enter or remain in or upon the grounds of any park or recreational facility under the supervision and control of the Director of Parks, Recreation and Properties after being lawfully ordered to leave such park or recreational facility by an authorized official or agent of the City. (c) Whoever violates this section shall be guilty of a minor misdemeanor for a first offense. In addition to any other method of enforcement provided for on this chapter, this minor misdemeanor may be enforced by the issuance of a citation in compliance with Rule 4.1 of the Ohio Rules of Criminal Procedure. For each subsequent offense, whoever violates this section shall be guilty of a misdemeanor of the fourth degree. (Ord. No. 1611-95. Passed 12-18-95, eff. 12-23-95) 559.541 Prohibited Hours in Public Square No unauthorized person shall remain on or in any portion of the area known as the Public Square area between the hours of 10:00 p.m. to 5:00 a.m. Persons may be authorized to remain in Public Square by obtaining a permit from the Director of Parks, Recreation and Properties. Such permits shall be issued when the Director finds: (a) That the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare and safety; (b) That the proposed activity or use is not reasonably anticipated to incite violence, crime or disorderly conduct; (c) That the proposed activity will not entail unusual, extraordinary or burdensome expense or police operation by the City; (d) That the facilities desired have not been reserved for other use at the day and hour required in the application. For purposes of this section, the "Public Square area" includes the quadrants and all structures (including but not limited to walls, fountains, and flower planters) located within the quadrants known as

Public Square and shown on the map below, but excludes the quadrant on which sits the Soldiers and Sailors Monument; the Public Square area also excludes all dedicated streets, public sidewalks adjacent to dedicated streets and RTA bus shelters within this area. Whoever violates this section is guilty of a minor misdemeanor on the first offense, a misdemeanor of the fourth degree on the second offense, and a misdemeanor of the third degree on the third and any subsequent offense. (Ord. No. 1140-07. Passed 8-8-07, eff. 8-16-07) 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 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) 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) 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)