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(a) No person, regardless of intent, shall deposit litter or cause litter to be deposited on any public property, on private property not owned by him or her, or in or on waters of the State, unless one of the following applies:
(1) The person is directed to do so by a public official as part of a litter collection drive.
(2) Except as provided in division (b) of this section, the person deposits the litter in a litter receptacle in a manner that prevents its being carried away by the elements.
(3) The person is issued a permit or license covering the litter pursuant to Ohio R.C. Chapter 3734 or 6111.
(b) No person, without privilege to do so, shall knowingly deposit litter, or cause it to be deposited, in a litter receptacle located on any public property or on any private property not owned by him or her, unless one of the following applies:
(1) The litter was generated or located on the property on which the litter receptacle is located.
(2) The person is directed to do so by a public official as part of a litter collection drive.
(3) The person is directed to do so by a person whom he or she reasonably believes to have the privilege to use the litter receptacle.
(4) The litter consists of any of the following:
A. The contents of a litter bag or container of a type and size customarily carried and used in a motor vehicle.
B. The contents of an ash tray of a type customarily installed or carried and used in a motor vehicle.
C. Beverage containers and food sacks, wrappings, and containers of a type and in an amount that reasonably may be expected to be generated during routine commuting or business or recreational travel by a motor vehicle.
D. Beverage containers, food sacks, wrappings, containers, and other materials of a type and in an amount that reasonably may be expected to be generated during a routine day by a person and deposited in a litter receptacle by a casual passerby.
(c) (1) As used in division (b)(1) of this section, “public property” includes any private property open to the public for the conduct of business, the provision of a service, or upon the payment of a fee but does not include any private property to which the public otherwise does not have a right of access.
(2) As used in division (b)(4) of this section, “casual passerby” means a person who does not have depositing litter in a litter receptacle as his or her primary reason for traveling to or by the property on which the litter receptacle is located.
(d) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) “Auxiliary container.” A bag, can, cup, food or beverage service item, container, keg, bottle, or other packaging to which all of the following apply:
A. It is designed to be either single use or reusable.
B. It is made of cloth, paper, plastic, foamed or expanded plastic, cardboard, corrugated material, aluminum, metal, glass, postconsumer recycled material, or similar materials or substances, including coated, laminated, or multilayered substrates.
C. It is designed for consuming, transporting, or protecting merchandise, food, or beverages from or at a food service operation, retail food establishment, grocery, or any other type of retail, manufacturing, or distribution establishment.
(2) “Deposit” means to throw, drop, discard, or place.
(3) “Litter” means garbage, trash, waste, rubbish, ashes, cans, bottles, wire, paper, cartons, boxes, automobile parts, furniture, glass, auxiliary containers, or anything else of an unsightly or unsanitary nature.
(4) “Litter receptacle” means a dumpster, trash can, trash bin, garbage can, or similar container in which litter is deposited for removal.
(e) This section may be enforced by any sheriff, deputy sheriff, police officer of a municipal corporation, police constable or officer of a township, or township or joint police district, wildlife officer designated under Ohio R.C. 1531.13, natural resources officer appointed under Ohio R.C. 1501.24, forest-fire investigator appointed under Ohio R.C. 1503.09, conservancy district police officer, inspector of nuisances of a county, or any other law enforcement officer within the law enforcement officer’s jurisdiction.
(ORC 3767.32)
(f) Whoever violates any provision of this section shall be guilty of a misdemeanor of the third degree. The sentencing court may, in addition to or in lieu of the penalty provided in this division, require a person who violates this section to remove litter from any public or private property or in or on waters of the State.
(ORC 3767.99(C))
(a) No person shall erect, continue to use, or maintain a building, structure, or place for the exercise of a trade, employment, or business or for keeping or feeding an animal which, by occasioning noxious exhalations or noisome or offensive smells, becomes injurious to the health, comfort, or property of individuals or of the public.
(b) No person shall cause or allow offal, filth, or noisome substances to be collected or remain in any place to the damage or prejudice of others or of the public.
(c) No person shall unlawfully obstruct or impede the passage of a navigable river, harbor, or collection of water, or corrupt or render unwholesome or impure a watercourse, stream of water, or unlawfully divert such watercourse from its natural course or state to the injury or prejudice of others.
(d) Persons who are engaged in agriculture-related activities, as “agriculture” is defined in Ohio R.C. 519.01, and who are conducting those activities outside the Municipality, in accordance with generally accepted agricultural practices, and in such a manner so as not to have a substantial, adverse effect on the public health, safety, or welfare, are exempt from divisions (a) and (b) above and from any ordinances, resolutions, rules, or other enactments of the Municipality that prohibit excessive noise.
(ORC 3767.13)
(e) Whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 3767.99(C))
(a) No owner or occupant of lots or lands abutting any sidewalk, curb or gutter shall fail to keep the sidewalks, curbs and gutters in repair and free from snow, ice or any nuisance, and to remove from such sidewalks, curbs or gutters all snow and ice accumulated thereon within a reasonable time, which will ordinarily not exceed 12 hours after any storm during which the snow and ice has accumulated.
(ORC 723.011; Adopting Ordinance)
(b) No owner of any lot or land abutting upon any street shall refuse, fail or neglect to repair or keep in repair and free from nuisance and obstruction the concrete sidewalk in front of such lot or land. The Director of Public Services may order the repair of such concrete sidewalk within thirty days from the date of written notice, or the immediate removal of such obstruction or the abatement of such nuisance.
(c) If the owner or person having charge of such land fails to comply with such written notice, the Director shall cause the sidewalks to be maintained and repaired. All expenses and labor costs incurred shall, when approved by Council, be paid out of Municipal funds not otherwise appropriated. Council shall make a written return to the County Auditor of its action, with a statement of the charges for its services, the amount paid for labor, the fees of the officers serving such notices and a proper description of the premises. Such amounts, when allowed, shall be entered upon the tax duplicate and be a lien upon such lands from and after the date of the entry, and shall be collected as other taxes and returned to the Municipality by the County with other regular tax settlements. The County Auditor shall be requested to segregate such miscellaneous receipts as to source.
(Ord. 117-63. Passed 4-10-63.)
(d) On any claim presented for bodily injury or property damage on the sidewalk, the adjoining or abutting property owner shall be held liable in tort for such damages to another. Ultimately, should the City be called upon to make such payment to a third party, the City will look to the adjoining/abutting landowner for contribution and indemnity.
(Ord. 163-04. Passed 9-13-04.)
(e) Whoever violates any of the provisions of this section is guilty of a minor misdemeanor and shall be subject to the penalty provided in Section 698.02.
(Ord. 304-66. Passed 12-14-66.)
(a) No person shall abandon, discard, or knowingly permit to remain on premises under the person’s control, in a place accessible to children, any abandoned or discarded icebox, refrigerator, or other airtight or semi-airtight container which has a capacity of one and one-half cubic feet or more and an opening of 50 square inches or more and which has a door or lid equipped with a hinge, latch, or other fastening device capable of securing such door or lid, without rendering the equipment harmless to human life by removing such hinges, latches or other hardware which may cause a person to be confined therein. This section shall not apply to an icebox, refrigerator or other airtight or semi-airtight container located in that part of a building occupied by a dealer, warehouse or repairer.
(ORC 3767.29)
(b) Whoever violates this section is guilty of a misdemeanor of the fourth degree.
(ORC 3767.99(B))
(a) No person shall place, maintain, store or permit to be placed, maintained or stored for a period of more than 72 hours, any motor vehicle, chassis, part of or remains of a motor vehicle, in a disabled condition upon any non-conforming lot or land in the city, unless the same is adequately concealed from sight by being in an enclosed building, or is a collector's vehicle as defined in Ohio R.C. 4501.01 (F). The term "disabled" means a condition in which the vehicle cannot be operated on public streets under its own power in compliance with statutory ordinance requirements. The term "non-conforming" means any lot or land not used for a junk yard or scrap metal processing facility licensed under authority of the Ohio R.C. 4737.05 to 4737.12, or regulated under the authority of the municipality; or any lot or land not used for a bona fide commercial operation requiring the temporary storage of "disabled" vehicles.
(b) No person shall be prevented from storing or keeping, or restricted in the method of storing or keeping, any collector's vehicle on private property with the permission of the person having the right to the possession of the property, except that a person having such permission is required to conceal by means of buildings, fences, vegetation, terrain or other suitable obstruction, an unlicensed collector's vehicle stored in the open.
(c) Whoever violates this section is guilty of a minor misdemeanor on a first offense; on a second offense such person is guilty of a misdemeanor of the fourth degree; on each subsequent offense such person is guilty of a misdemeanor of the third degree. Punishment shall be as provided in Section 698.02.
(Ord. 122-07. Passed 9-10-07.)
Statutory reference:
Violations, see ORC 4513.99(E)
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