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(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)
(a) (1) Definitions. As used in this section:
A. “Agricultural waste.” Any waste material generated by crop, horticultural, or livestock production practices, and includes such items as woody debris and plant matter from stream flooding, bags, cartons, structural materials, and landscape wastes that are generated in agricultural activities, but does not include land clearing waste; buildings (including dismantled/fallen barns); garbage; dead animals; animal waste; motor vehicles and parts thereof; nor economic poisons and containers thereof, unless the manufacturer has identified open burning as a safe disposal procedure.
B. “Air curtain burner.” An engineered apparatus consisting of a motorized high-velocity fan and an air distribution system designed to aid in the efficient combustion of materials placed in a manufactured steel structure and for which a permit-to-install has been obtained as required in O.A.C. Chapter 3745-31 and a permit-to-operate has been obtained as required in O.A.C. Chapter 3745-77.
C. “Air curtain destructor.” An engineered apparatus consisting of a motorized high-velocity fan and an air distribution system designed to aid in the efficient combustion of materials placed in an adjacent pit. An air curtain burner may be used in place of an air curtain destructor, but an air curtain destructor may not be used in place of an air curtain burner.
D. “Economic poisons.” Include but are not restricted to pesticides such as insecticides, fungicides, rodenticides, miticides, nematocides and fumigants; herbicides; seed disinfectants; and defoliants.
E. “Emergency burning.” The burning of clean wood waste or deceased animals caused by a natural disaster or an uncontrolled event such as the following:
1. A tornado.
2. High winds.
3. An earthquake.
4. An explosion.
5. A flood.
6. A hail storm, a rain storm, or an ice storm.
F. “Garbage.” Any waste material resulting from the handling, processing, preparation, cooking and consumption of food or food products.
G. “Inhabited building.” Any inhabited private dwelling house and any public structure which may be used as a place of resort, assembly, education, entertainment, lodging, trade, manufacture, repair, storage, traffic, or occupancy by the public. Examples would include, but are not limited to, highway rest stops, restaurants, motels, hotels and gas stations.
H. “Land clearing waste.” Plant waste material which is removed from land, including plant waste material removed from stream banks during projects involving more than one property owner, for the purpose of rendering the land useful for residential, commercial, or industrial development. Land clearing waste also includes the plant waste material generated during the clearing of land for new agricultural development.
I. “Landscape waste.” Any plant waste material, except garbage, including trees, tree trimmings, branches, stumps, brush, weeds, leaves, grass, shrubbery, yard trimmings, and crop residues.
J. “Ohio EPA.” The Ohio Environmental Protection Agency Director or agencies delegated authority by the Director of the Ohio Environmental Protection Agency pursuant to R.C. § 3704.03 or the Chief of any Ohio Environmental Protection Agency District Office.
K. “Open burning.” The burning of any materials wherein air contaminants resulting from combustion are emitted directly into the ambient air without passing through a stack or chimney. Open burning includes the burning of any refuse or salvageable material in any device not subject to or designed specifically to comply with the requirements of O.A.C. 3745-17-09 or O.A.C. 3745-17-10.
L. “Residential waste.” Any waste material, including landscape waste, generated on the property of a one-, two- or three-family residence as a result of residential activities, but not including garbage, rubber, grease, asphalt, liquid petroleum products, or plastics.
M. “Restricted area.” The area within the boundary of the municipality, plus a zone extending 1,000 feet beyond the boundaries of a municipality having a population of 1,000 to 10,000 persons and a zone extending one mile beyond any municipality having a population of 10,000 persons or more according to the latest federal census.
N. “Unrestricted area.” All areas outside the boundaries of a restricted area as defined in this section.
(2) Referenced materials. This section includes references to certain matter or materials. The text of the referenced materials is not included in the legislation contained in this section. Information on the availability of the referenced materials as well as the date of, and/or the particular edition or version of the material is included in this legislation. For materials subject to change, only the specific versions specified in this legislation are referenced. Material is referenced as it exists on the effective date of this legislation. Except for subsequent annual publication of existing (unmodified) Code of Federal Regulation compilations, any amendment or revision to a referenced document is not applicable unless and until this section has been amended to specify the new dates.
A. Availability. The referenced materials are available as follows:
1. Clean Air Act. Information and copies may be obtained by writing to: Superintendent of Documents, Attn: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954. The full text of the act as amended in 1990 is also available in electronic format at www.epa.gov/oar/caa/. A copy of the act is also available for inspection and use at most public libraries and the State Library of Ohio.
2. Code of Federal Regulations (C.F.R.). Information and copies may be obtained by writing to: Superintendent of Documents, Attn: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954. The full text of the C.F.R. is also available in electronic format at http://www.ecfr.gov. The C.F.R. compilations are also available for inspection and use at most public libraries and the State Library of Ohio.
3. National Fire Protection Association. Information on the National Fire Protection Association codes may be obtained by contacting the Association at 1 Batterymarch Park, Quincy, Massachusetts 02169-7471, 617-770-3000. Codes may be ordered at www.nfpa.org/catalog/home/index.asp. Copies of the code exist or are available at most public libraries and the State Library of Ohio.
B. Referenced materials.
1. 40 C.F.R. § 60.2974: “Am I required to apply for and obtain a title V operating permit for my air curtain incinerator that burns only wood waste, clean lumber, and yard waste?” as published in the July 1, 2012 Code of Federal Regulations.
2. 40 C.F.R. § 60.3069: “Am I required to apply for and obtain a title V operating permit for my air curtain incinerator that burns only wood waste, clean lumber, and yard waste?” as published in the July 1, 2012 Code of Federal Regulations.
3. NFPA publication 1403: “Standard on Live Fire Training Evolutions, Chapter 4, Acquired Structures” published April 30, 2007.
4. Section 129 of the Clean Air Act, contained in 42 U.S.C. § 7429: “Solid waste combustion” published January 2, 2006 in Supplement V of the 2000 Edition of the United States Code.
(OAC 3745-19-01)
(b) Relation to Other Laws.
(1) Notwithstanding any provision in OAC Chapter 3745-19, no open burning shall be conducted in an area where an air alert, warning or emergency under OAC Chapter 3745-25 is in effect.
(2) No provisions of OAC Chapter 3745-19 permitting open burning, and no permission to open burn granted by the Ohio EPA, the Mayor, Safety Director, Chief of Police and the Fire Chief shall exempt any person from compliance with any section of the Ohio Revised Code, or any regulation of any state department, or any local ordinance or regulation dealing with open burning.
(c) Open Burning in Restricted Areas.
(1) No person or property owner shall cause or allow open burning in a restricted area except as provided in divisions (c)(2) to (c)(4) of this section or in Ohio R.C. 3704.11.
(2) A. Open burning shall be allowed for the following purposes without notification to or permission from the Ohio EPA, the Mayor, Safety Director, Chief of Police and the Fire Chief:
1. Cooking for human consumption;
2. Heating tar, welding, acetylene torches, highway safety flares, heating for warmth of outdoor workers and strikers, smudge pots and similar occupational needs.
B. Fires allowed by divisions (c)(2)A.1. and (c)(2)A.2. of this section shall not be used for waste disposal purposes and shall be of minimum size sufficient for their intended purpose; the fuel shall be chosen to minimize the generation and emission of air contaminants.
(3) Open burning shall be allowed for the following purposes with prior notification to the Ohio EPA, the Mayor, Safety Director, Chief of Police and the Fire Chief in accordance with division (d)(2) of this section:
A. Prevention or control of disease or pests, with written or verbal verification to the Ohio EPA, the Mayor, Safety Director, Chief of Police and the Fire Chief from the local health department, cooperative extension service, Ohio Department of Agriculture, or United States Department of Agriculture, that open burning is the only appropriate disposal method.
B. Ceremonial fires provided the following conditions are met:
1. The ceremonial fires shall be less than five feet by five feet in dimension and shall burn no longer than three hours;
2. The ceremonial fires shall not be used for waste disposal purposes; and
3. The fuel shall be chosen so as to minimize the generation and emission of air contaminants.
C. Disposal of agricultural waste generated on the premises if the following conditions are observed:
1. The fire is set only when atmospheric conditions will readily dissipate contaminants;
2. The fire does not create a visibility hazard on the roadways, railroad tracks, or air fields;
3. The fire is located at a point on the premises no less than 1,000 feet from any inhabited building not located on said premises;
4. The wastes are stacked and dried to provide the best practicable condition for efficient burning; and
5. No materials are burned which contain rubber, grease, asphalt or liquid petroleum products.
(4) Open burning shall be allowed for the following purposes upon receipt of written permission from the Ohio EPA, the Mayor, Safety Director, Chief of Police and the Fire Chief in accordance with division (d)(1) of this section, provided that any conditions specified in the permission are followed:
A. Disposal of ignitable or explosive materials where the Ohio EPA, the Mayor, Safety Director, Chief of Police and the Fire Chief determines that there is no practical alternate method of disposal;
B. Instruction in methods of fire fighting or for research in the control of fires;
C. In emergency or other extraordinary circumstances for any purpose determined to be necessary by the Ohio EPA, the Mayor, Safety Director, Chief of Police and the Fire Chief;
D. Recognized horticultural, silvicultural, range, or wildlife management practices; and
E. Fires and/or pyrotechnic effects, for purposes other than waste disposal, set as part of commercial film-making or video production activities for motion pictures and television.
(d) Open Burning in Unrestricted Areas.
(1) No property owner or other person shall cause or allow open burning in an unrestricted area except as provided in divisions (d)(2) to (4) of this section in Ohio R.C. 3704.11.
(2) Open burning shall be allowed for the following purposes without notification to or permission from the Ohio EPA, the Mayor, Safety Director, Chief of Police and the Fire Chief:
A. Cooking for human consumption;
B. Heating tar, welding, acetylene torches, highway safety flares, heating for warmth of outdoor workers and strikers, smudge pots and similar occupational needs;
C. Fires allowed by divisions (d)(2)A. and (d)(2)B. of this section shall not be used for waste disposal purposes and shall be the minimum size sufficient for their intended purpose. The fuel shall be chosen to minimize the generation and emission of air contaminants;
D. Disposal of residential waste or agricultural waste generated on the premises if all of the following conditions are observed:
1. The fire is set only when atmospheric conditions will readily dissipate contaminants;
2. The fire does not create a visibility hazard on roadways, railroad tracks or airfields;
3. The fire is located at a point on the premises no less than 1,000 feet from any inhabited building not located on the premises;
4. The wastes are stacked and dried to provide the best practicable condition for efficient burning;
5. No materials are burned which contain rubber, grease, asphalt or liquid petroleum products.
E. Ceremonial purposes, if all of the following conditions are met:
1. The ceremonial fires shall be less than five feet by five feet in dimension and shall burn no longer than three hours.
2. The ceremonial fires shall not be used for waste disposal purposes.
3. The fuel shall be chosen so as to minimize the generation and emission of air contaminants.
(3) Open burning shall be allowed for the following purposes upon receipts of written permission from the Ohio EPA, the Mayor, Safety Director, Chief of Police and the Fire Chief, provided that any conditions specified in the permission are followed:
A. Disposal of ignitable or explosive materials where the Ohio EPA, the Mayor, Safety Director, Chief of Police and the Fire Chief determines that there is no practical alternative method of disposal;
B. Instruction in methods of fire-fighting or for research in the control of fire;
C. In emergency or other extraordinary circumstances for any purpose determined to be necessary by the Ohio EPA, the Mayor, Safety Director, Chief of Police and the Fire Chief;
D. Disposal of land clearing waste if all of the following conditions are observed:
1. The fire is set only when atmospheric conditions will readily dissipate contaminants;
2. The fire does not create a visibility hazard on roadways, railroad tracks or airfields;
3. The fire is located at a point on the premises no less than 1,000 feet from any inhabited building not located on the premises;
4. An air curtain destructor, or another device or method determined by the Director of the Ohio EPA, the Mayor, Safety Director, Chief of Police and the Fire Chief to be at least as effective, is used to curtail release of air contaminants.
E. Recognized horticultural, silvicultural, range or wildlife management practices.
(4) Open burning shall be allowed for the prevention or control of disease or pests, with written or verbal verification to the Ohio EPA, the Mayor, Safety Director, Chief of Police and the Fire Chief from the local health department, the Cooperative Extension Service, the Ohio Department of Agriculture or the U.S. Department of Agriculture, that open burning is the only appropriate disposal method.
(e) Permission to Individuals and Notification to the Ohio EPA, the Mayor, Safety Director, Chief of Police and the Fire Chief.
(1) Permission.
A. An application for permission to open burn shall be submitted to Ohio EPA, the Mayor, Safety Director, Chief of Police and the Fire Chief in writing at least 10 days before the fire is to be set. It shall be in such form and contain such information as required by the Ohio EPA.
B. Except as provided in division (e)(1)F. of this section, such applications shall contain, as a minimum, information regarding:
1. The purpose of the proposed burning;
2. The nature of quantities of material to be burned;
3. The date or dates when such burning will take place;
4. The location of the burning site, including a map showing distances to residences, populated areas, roadways, air fields, and other pertinent landmarks; and
5. The methods or actions which will be taken to reduce the emissions of air contaminants.
C. Permission to open burn shall not be granted unless the applicant demonstrates to the satisfaction of the Ohio EPA, the Mayor, Safety Director, Chief of Police and the Fire Chief that open burning is necessary to the public interest; will be conducted in a time, place, and manner as to minimize the emission of air contaminants; and will have no serious detrimental effect upon adjacent properties or the occupants thereof. The Ohio EPA, the Mayor, Safety Director, Chief of Police and the Fire Chief may impose such conditions as may be necessary to accomplish the purpose of OAC Chapter 3745-19.
D. Except as provided in division (e)(1)F. of this section, permission to open burn must be obtained for each specific project. In emergencies where public health or environmental quality will be seriously threatened by delay while written permission is sought, the fire may be set with oral permission of the Ohio EPA, the Mayor, Safety Director, Chief of Police and the Fire Chief.
E. Violations of any of the conditions set forth by the Ohio EPA, the Mayor, Safety Director, Chief of Police and the Fire Chief in granting permission to open burn shall be grounds for revocation of such permission and refusal to grant future permission, as well as for the imposition of other sanctions provided by law.
F. The Ohio Department of Commerce, Division of State Fire Marshal, may request permission to open burn on an annual basis for the purpose of training firefighters on pre-flashover conditions using the Ohio Fire Academy’s mobile training laboratory at either the Academy or at other training sites in Ohio. The annual application required pursuant to division (e)(1)A. of this section shall contain information as required in division (e)(1)B. of this section, except the information required in divisions (e)(1)B.3. and (e)(1)B.4. of this section need not be provided unless it is available at the time of submittal of the application. The Academy shall contact the appropriate Ohio EPA district office, the Mayor, Safety Director, Chief of Police and the Fire Chief at least five days before each training session of the date or dates when the training session will take place and its location.
(2) Notification.
A. Notification shall be submitted in writing at least 10 days before the fire is to be set. It shall be in such form and contain such information as shall be required by the Ohio EPA, the Mayor, Safety Director, Chief of Police and the Fire Chief.
B. Such notification shall inform the Ohio EPA, the Mayor, Safety Director, Chief of Police and the Fire Chief regarding:
1. The purpose of the proposed burning;
2. The nature and quantities of materials to be burned;
3. The date or dates when such burning will take place; and
4. The location of the burning site.
C. The Ohio EPA, the Mayor, Safety Director, Chief of Police and the Fire Chief, after receiving notification, may determine that the open burning is not allowed under OAC Chapter 3745-19 and the Ohio EPA, the Mayor, Safety Director, Chief of Police and the Fire Chief shall notify the applicant to this effect.
(f) Penalty. Whoever violates any of the provisions of this section is guilty of a minor misdemeanor. A separate offense shall be deemed committed each day during or on which a violation occurs or continues. In addition, the offender shall be required to pay the cost of proper disposal of the materials burned. The cost of proper disposal of the materials burned shall be the amount it would have cost to dispose of the materials in a manner that is consistent with the air, water and solid waste laws, ordinances and regulations of the Municipality and the State.
(Ord. 10-07. Passed 1-22-07.)
(a) Protection of Openings Required. No person shall abandon or knowingly permit to remain on public or private property any excavation, well, cistern, cesspool or structure related thereto, unless the same is adequately protected by suitable barricades and guarded by warning devices or lights so that the condition will not reasonably prove dangerous to life or limb.
(Ord. 304-66. Passed 12-14-66.)
(b) Protection of Street Hazards or Obstructions. No contractor or other person shall leave unprotected, unguarded or without proper lighting any hole, excavation, pile of dirt, truck, equipment or other material in any of the streets of the Municipality.
(c) Removal of Barricades and Warning Devices. The removal of red lanterns, barricades or other means placed on the streets or on construction projects, public or private, in the Municipality as a warning or protection for the public by persons not authorized to remove the same, or the willful, careless or negligent destruction of such lanterns or barricades, is hereby prohibited.
(Ord. 117-63. Passed 4-10-63.)
(d) Penalty. 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) Encumbrances Generally. No person shall encumber any street or sidewalk or, being the owner, occupant or person having care of any building or lot of land bordering on any street or sidewalk, permit the same to be encumbered with barrels, boxes, cans, articles or substances of any kind, so as to interfere with the free and unobstructed use thereof.
(b) Sidewalk Sales or Displays. No person shall use the paved portion of any street or sidewalk area, or the lateral strip area between the street and sidewalk, for the display or sale of merchandise or for any advertising display, except that in an area classified as commercial according to zoning regulations, temporary sidewalk displays may be permitted by the Building Inspector, provided it does not obstruct pedestrian traffic.
(c) Temporary Planking. In the transportation of any goods, materials or equipment across any sidewalk in the Municipality, efficient temporary planking shall be used to protect such sidewalks from breakage. Such temporary planking shall be removed at the close of each working day and the surface of the sidewalk immediately cleaned and left in a passable condition.
(Ord. 117-63. Passed 4-10-63.)
(a) No person shall fail to comply with the following requirements within the lawful time after service or publication of the notice or resolution is made as required by law: to fill or drain any lot or land or remove all putrid substances therefrom, or remove all obstructions from culverts, covered drains or natural watercourses as provided in Ohio R.C. 715.47.
(b) Whoever violates this section is guilty of a minor misdemeanor. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(a) No person shall transport, deliver, dispose, use as landfill or otherwise use within the City, any fly ash or similar waste material, which was produced, made, created, collected or accumulated outside the City, unless a permit is secured for such use from Council.
(Ord. 7-83. Passed 2-14-83.)
(b) Whoever violates this section is guilty of a misdemeanor of the third degree and shall be subject to the penalty provided in Section 698.02.
(a) As used in this section, "junk" means material commonly considered to be old waste or scrap metal, rope, rags, glass, paper, tires, wood, rubber, concrete, machinery, parts of machinery and other debris.
(b) No person shall allow, cause, permit or suffer to remain in any place any junk to the damage, prejudice or detriment of the public peace, health, safety or welfare.
(c) (1) In addition to the penalty provided in division (d) of this section, and not as a substitute therefor, whenever it appears to the Zoning Enforcement Officer or Director of Public Safety that any person is in violation of division (b) of this section, the Officer or Director may notify such person in writing to eliminate or correct the violation within five days of the date of the notice.
(2) The Chief of Police, a police officer, the Clerk of Council or a deputy may make service and return of the notice, and the fees for service and return shall be the same as are allowed for service and return of summonses in civil cases before a court of competent jurisdiction. If the person to be notified is not a resident of the City, the notice shall be sent to his or her address by registered mail. If the address of the person to be notified is unknown, it shall be sufficient to publish such notice once in a newspaper of general circulation in the County. If such person does not comply with such notice, the City may eliminate the material causing the violation or may otherwise correct the violation to the satisfaction of the Officer or Director, and may employ the necessary labor and equipment to perform such task. All expenses incurred by the City shall be paid out of moneys in the City Treasury not otherwise appropriated. Council shall then make a written statement to the County Auditor of the action taken, the charges for services of the City, the amount paid for labor and equipment, the fees of the officers who made service of notice and return and a proper description of the premises involved. The total amount of expenses shall be entered upon the tax duplicate, shall be a lien upon such premises from the date of the entry and shall be collected as other taxes and returned to the City with the General Fund. The powers of the Officer or Director under this section shall be discretionary and the exercise of these powers shall not be deemed to be a condition precedent to any other proceeding under this section.
(Ord. 185-64. Passed 8-2-64; Ord. 62-01. Passed 5-14-01.)
(d) Whoever violates this section is guilty of a misdemeanor of the first degree. A separate offense shall be deemed committed each day during or on which a violation occurs or continues. The penalty shall be as provided in Section 698.02.
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