(a) As used in this section:
(1) "Junk" means old or scrap copper, brass, rope, rags, batteries, paper, rubber, lumber, pipe, used building materials and roofing; old or scrap iron, steel or other ferrous or nonferrous materials which are not held for sale for remelting purposes by an establishment having facilities for processing such materials; an apparently inoperable or unlicensed, dismantled, partly dismantled, extensively damaged or wrecked vehicle or motor vehicle, or parts thereof; excepting a "collector's vehicle" or "licensed collector's vehicle" as now or hereafter defined in Ohio R.C. 4501.01.
(2) "Garbage" means all putrescible waste except wastes of the human body and other water-carried wastes, and includes all vegetable and animal wastes resulting from the handling, preparation, cooking or consumption of foods. Any containers that have contained food or liquids for consumption by humans or other beings also shall be classified as garbage.
(3) "Refuse" means ashes, crockery, bottles, cans, paper and other wood pulp products, boxes, rags, grass clippings and other cut vegetation; old or discarded clothing, bedding, mattresses, furniture and appliances; rubbish, dirt, nails, pieces of glass, oil; all other similar nonputrescible wastes other than those included in the above definition of garbage.
(b) The following shall be deemed to constitute a public nuisance:
(1) The accumulation, storage or disposition of garbage or refuse in any manner other than as provided by the ordinances or health regulations of the Municipality.
(2) The accumulation or storage of junk at any place except in a wholly enclosed building or structure, or in a junk yard permitted by the ordinances of the Municipality.
(3) The storing or keeping in the open of an unlicensed collector's vehicle not concealed by means of buildings, fences, vegetation, terrain or other suitable obstruction otherwise permissible under the Codified Ordinances.
(4) No person shall suffer, permit or maintain a public nuisance as defined above upon any property which he owns, occupies or otherwise has charge of.
(5) Each subsequent period of thirty days that a public nuisance as defined in this subsection continues to exist constitutes a separate offense.
(c) No person shall place, throw, deposit or sweep into or upon any street, sidewalk, alley, park, public ground or public building, or into or upon the property of another, any junk, garbage, refuse or any other matter of an unsightly or unsanitary nature. This prohibition shall not apply to the placing of junk or refuse by a street or curb when permitted to do so by the Director of Public Service on special clean-up days.
In any proceeding for violation of this subsection, the deposit of any of the aforementioned matter or materials on the street or public right of way in front of any property shall constitute a presumption that the occupant of such property was the person who deposited the matter or materials at the point where they were found.
(d) No person owning, occupying or otherwise having charge of, or control of any property shall place or permit to be placed on such property any paper, dirt, ashes, cartons, boxes or any scrap or waste materials so that such matter or materials could be blown onto any street, sidewalk, alley, park, public ground or property of another.
No person shall transport junk, garbage or refuse in any manner over or upon any street, public or private way in such a manner than it is strewn upon and along such street, public or private way.
(e) For the purpose of enforcing the provisions of this section, the Director of Public Service or any person designated by him is authorized and empowered at any reasonable time to enter upon and inspect any premises or property when he has reasonable cause to believe that a public nuisance exists as defined in subsection (b) hereof.
In addition to the penalties provided for the violation of subsection (b) hereof, the Director may cause written notice of the violation of such subsection (b) to be served personally upon the owner, occupant or person having charge of the property involved, or by sending it to such person by certified mail or by posting a copy thereof at a conspicuous place on the premises or property involved. Such notice shall state the nature of the public nuisance and the time within which it shall be abated, which time shall be no less than fifteen days, unless a shorter time appropriate under the circumstances or summary abatement in cases of immediate fire hazard and/or health hazard emergency is requested by the Fire Chief and/or Health Commissioner. No person so notified shall fail or refuse to comply with such notice. If the public nuisance is not abated within the time specified in the notice, or if summary abatement has been requested by the Fire Chief and/or Health Commissioner, the Director may then cause it to be abated through the use of municipal employees or by contract with others for such removal and the cost thereof shall be reported to the City Auditor who shall certify it to the County Auditor to be placed upon the tax duplicate and collected as taxes are collected.
In addition to the above, in the case of a titled vehicle or motor vehicle constituting a public nuisance as defined in subsection (b) hereof, after the removal of the vehicle by the Director through the use of municipal employees or by contract with others for such removal, the notice, reclaim and disposal procedures now set forth in Ohio R.C. 4513.60 through 4513.63, inclusive, may be followed as to such property.
(f) Any proprietor, manager or employee of a restaurant or eating establishment serving food to be eaten in parked automobiles or out of doors on the premises of the business shall not cause or allow trash, debris, refuse, garbage or waste materials to be placed or to remain on the premises outside of containers. The proprietors or managers of such eating establishments shall maintain on the premises, in areas where food is consumed out of doors, refuse and waste containers which are easily accessible to customers and employees.
(g) Whoever violates this section is guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, such person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense, such person is guilty of a misdemeanor of the third degree.
(Ord. 13-89. Passed 4-24-89.)