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Avon Overview
Avon, Ohio Code of Ordinances
CODIFIED ORDINANCES OF THE CITY OF AVON, OHIO
DIRECTORY OF OFFICIALS (2025)
PRELIMINARY UNIT
CHARTER
PART TWO - ADMINISTRATION CODE
PART FOUR - TRAFFIC CODE
PART SIX - GENERAL OFFENSES CODE
PART EIGHT - BUSINESS REGULATION AND TAXATION CODE
PART TEN - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART TWELVE - PLANNING AND ZONING CODE
PART FOURTEEN - BUILDING AND HOUSING CODE
PART SIXTEEN - FIRE PREVENTION CODE
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660.11 NOTICE TO FILL LOTS, REMOVE PUTRID SUBSTANCES.
   (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.
660.12 FLY ASH USE PROHIBITED.
   (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.
660.13 JUNK.
   (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.
660.14 HAZARDOUS MATERIAL ALARMS.
   (a)   Costs incurred by the City which result from services provided by City Safety- Service personnel or their designated assistants, as a result of hazardous material alarms which necessitate the expenditure of supplies, equipment, other materials and manpower wages shall be borne by the owner of the property or hazardous material involved.
   (b)   Wherever such described operations are undertaken at the request of another political subdivision of the State, the affected subdivision will be responsible for all costs incurred for supplies, equipment, other materials and manpower wages.
   (c)   All moneys collected pursuant to this section shall be appropriated to replenish accounts used to abate chemical emergencies and replace equipment and supplies expended in such incidents.
(Ord. 65-86. Passed 12-8-86.)
660.15 SMOKING IN PLACES OF PUBLIC ASSEMBLY.
   (a)   As used in this section, “place of public assembly” means:
      (1)   Enclosed theaters, except the lobby; opera houses; auditoriums; classrooms; elevators; rooms in which persons are confined as a matter of health care, including but not limited to a hospital room and a room in a residential care facility serving as the residence of a person living in such residential care facility.
      (2)   All buildings and other enclosed structures owned by the state, its agencies, or political subdivisions, including but not limited to hospitals and state institutions for persons with mental illnesses and persons with intellectual disabilities; university and college buildings, except rooms within those buildings used primarily as the residences of students or other persons affiliated with the university or college; office buildings; libraries; museums; and vehicles used in public transportation. That portion of a building or other enclosed structure that is owned by the state, a state agency or a political subdivision, and that is used primarily as a food service establishment, is not a place of public assembly.
      (3)   Each portion of a building or enclosed structure that is not included in division (a)(1) or (a)(2) of this section is a place of public assembly if it has a seating capacity of 50 or more persons and is available to the public. Restaurants, food service establishments, dining rooms, cafes, cafeterias, or other rooms used primarily for the service of food, as well as bowling alleys and places licensed by the Ohio Division of Liquor Control to sell intoxicating beverages for consumption on the premises, are not places of public assembly.
   (b)   For the purpose of separating persons who smoke from persons who do not smoke for the comfort and health of persons not smoking, in every place of public assembly there shall be an area where smoking is not permitted, which shall be designated a no smoking area, provided that not more than one-half of the rooms in any health care facility in which persons are confined as a matter of health care may be designated as smoking areas in their entirety. The designation shall be made before the place of public assembly is made available to the public. In places included in division (a)(1) of this section, the local fire authority having jurisdiction shall designate the no smoking area. In places included in division (a)(2) of this section that are owned by the State or its agencies, the Ohio Director of Administrative Services shall designate the area, and if the place is owned by a political subdivision, its legislative authority shall designate an officer who shall designate the area. In places included in division (a)(3) of this section, the person having control of the operations of the place of public assembly shall designate the no smoking area. In places included in division (a)(2) of this section which are also included in division (a)(1) of this section, the officer who has authority to designate the area in places in division (a)(2) of this section shall designate the no smoking area. A no smoking area may include the entire place of public assembly. Designations shall be made by the placement of signs that are clearly visible and that state “no smoking.” No person shall remove signs from areas designated as no smoking areas.
   (c)   This section does not affect or modify the prohibition contained in Ohio R.C. 3313.751(B).
   (d)   No person shall smoke in any area designated as a no smoking area in accordance with division (b) of this section.
   (e)   Whoever violates this section is guilty of a minor misdemeanor.
(ORC 3791.031)
660.16 SMOKING IN MUNICIPAL BUILDINGS AND VEHICLES; AUTHORITY OF DIRECTOR OF PUBLIC SAFETY.
   (a)   The Director of Public Safety is hereby directed to designate areas within all Municipal buildings as no-smoking areas and is further directed and authorized to establish and enforce a smoking policy and regulations relating to the use of Municipal vehicles.
   (b)   A no-smoking area may include the entire place of public assembly. Designations shall be made by the placement of signs that are clearly visible and state "no smoking." No person shall remove such signs from areas designated as no-smoking areas.
   (c)   No person shall smoke in any area designated as a no-smoking area in accordance with provisions of this section.
   (d)   (1)   Whoever violates this section is guilty of a minor misdemeanor and shall be subject to the penalty provided in Section 698.02.
      (2)   If an employee of the City violates this section, he or she shall also be suspended without pay for one day for the first such violation and three days for the second violation and shall be subject to dismissal from City employment for a third offense.
(Ord. 14-97. Passed 1-27-97.)