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Codified Ordinances of Berea, OH
CHAPTER 947
Waste Materials and Junk
947.01   Definitions.
947.02   Enforcement; right of entry for inspection.
947.03   Discarding litter prohibited; exceptions.
947.04   Incinerators.
947.05   Exceptions.
947.06   Violation a nuisance; abatement.
947.99   Penalty.
 
CROSS REFERENCES
Licensing motor vehicles - see TRAF. 735.09 et seq.
Abandoned refrigerators - see GEN. OFF. 921.01
Nuisance abatement - see GEN. OFF. Ch. 931
 
947.01 DEFINITIONS.
   For the purpose of this chapter, the following definitions apply:
   (a)   "Waste material" means any material which has been discarded or abandoned, or any material no longer in use. Without limiting the generality of the foregoing, waste material includes junk; waste boxes, cartons, plastic or wood scraps or shavings, waste paper and paper products, and other combustible materials or substances no longer in use or, if unused, those discarded or abandoned; metal or ceramic scraps or pieces of all types, glass and other noncombustible materials or substances no longer in use or, if unused, those discarded or abandoned; machinery, appliances or equipment, or parts thereof, no longer in use or, if unused, those discarded or abandoned.
   (b)   "Junk" includes abandoned, inoperable, partially dismantled or wrecked vehicles of any kind, whether motor vehicle, automobile, motorcycle, emergency vehicle, school bus, bicycle, commercial tractor, agricultural tractor, house trailer, truck, bus, trailer, semitrailer, pole trailer, railroad train, railroad car, aircraft, lighter-than-air craft, watercraft or any other form of device for the transportation of persons or property. Without limiting the generality of the foregoing, with respect to any automobile or other transportation device of any kind, the operation of which requires issuance of a license by the United States government or any agency thereof or by the State of Ohio or any agency or political subdivision thereof, any such automobile or other transportation device shall be deemed to be junk unless a current valid license has been issued for the operation of such automobile or other transportation device and, if required by law, is displayed upon such automobile or other transportation device.
      (Ord. 1966-29. Passed 4-18-66.)
947.02 ENFORCEMENT; RIGHT OF ENTRY FOR INSPECTION.
   The provisions of this chapter shall be enforced by the Director of Public Service and the Director of Public Safety, or by either of them.
   The Director of Public Service, the Director of Public Safety, the Building Inspector, the Chief of the Division of Fire and any other officer or employee in the Public Service or Public Safety Departments who may from time to time be authorized by the appropriate director, are hereby authorized to enter and inspect at all reasonable times any premises and building in the City in order to determine if such premises are in compliance with the requirements of Sections 947.03 through 947.05. The owner, occupant or person in possession of such premises or building shall permit any such director, officer or employee free access to any part of such premises or building at all reasonable times for the purpose of such inspection.
(Ord. 1966-29. Passed 4-18-66.)
947.03 DISCARDING LITTER PROHIBITED; EXCEPTIONS.
   (a)   No person shall, regardless of intent, throw, drop, discard, place or deposit litter or cause litter to be thrown, dropped, discarded, placed or deposited on any public property, on private property not owned by him, or in or on any lake, stream, watercourse or storm sewer, unless the person has:
      (1)   Been directed to do so by a public official as part of a litter collection drive;
      (2)   Thrown, dropped, discarded, placed or deposited the litter in a litter receptacle in a manner that prevents its being carried away by the elements; or
      (3)   Been issued a permit or license covering the litter pursuant to Chapter 3734 or 6111 of the Ohio Revised Code.
 
   (b)   As used in this section, "litter" means garbage, trash, waste, rubbish, ashes, cans, bottles, wire, paper, cartons, boxes, automobile parts, furniture, glass, or anything else of an unsightly or unsanitary nature thrown, dropped, discarded, placed, or deposited by a person on public property, on private property not owned by him, or in or on any lake, stream, watercourse or storm sewer, unless the person has:
      (1)   Been directed to do so by a public official as part of a litter collection drive;
      (2)   Thrown, dropped, discarded, placed, or deposited the material in a receptacle in a manner that prevented its being carried away by the elements; or
      (3)   Been issued a permit or license covering the material pursuant to Chapter 3734 or 6111 of the Ohio Revised Code.
 
   (c)   Whoever violates this section shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) and may be imprisoned not more than sixty days. The sentencing court may, in addition to or in lieu of the penalty provided in this division, require a person who violates Section 947.03 to remove litter from any public or private property, or in or on any lake, stream, watercourse or storm sewer.
(Ord. 1982-40. Passed 5-3-82.)
947.04 INCINERATORS.
   (a)   No person shall construct or install an incinerator within the City.
 
   (b)   After September 1, 1973, no person shall burn any waste material in an incinerator or process salvable material by burning waste material in an incinerator within the City.
 
   (c)   For the purpose of this section, "incinerator" means any equipment, machine, device, article, contrivance, structure, or part of a structure used to dispose of waste material by burning or to process salvable material by burning waste materials.
 
   (d)   This section does not prohibit construction, installation or operation of an incinerator by a hospital for the disposal of pathological waste, provided that the operations of an incinerator by a hospital shall conform to all applicable state or federal air pollution regulations. For the purposes of this subsection (d), "pathological waste" shall mean waste material comprised of animal or human organs, tissues, remains or carcasses.
(Ord. 1973-74. Passed 7-2-73.)
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