B. V.1. Interpretation.
These rules are hereby enacted to properly govern and maintain public property and/or Village property dedicated for public use with the Village. In the interpretation of these rules, their provisions shall be construed as follows:
(a) "Council" means "Burton Village Council";
(b) "Village" means "Burton Village";
(c) "Public property" or "Village property" means property owned by or dedicated to public use which is the administrative responsibility of the Village or property owned by the Village upon which property the Village permits public access and use;
(d) "Rules" means "rules and regulations";
(e) Any terms in the singular shall include the plural;
(f) Any terms in the masculine shall include the feminine and the neuter;
(g) No provision hereof shall make unlawful an act necessarily performed by any official or employee of the Village in line of duty or work such as, or by any person, his agents or employees, in the proper and necessary execution of the terms of any agreement with the Village;
(Ord. 1301-83. Passed 11-21-83.)
(h) "Village Park" means the area bounded by West Park and East Park Streets within the Village. The Village Park is also included within the meaning of "Public Property" or "Village Property".
(Ord. 1456-87. Passed 4-20-87.)
(i) If any part, section, subdivision, paragraph, or provision of these rules shall be determined to be invalid, such determination shall apply to the particular part, section, subdivision, paragraph or provision, and all other provisions of these rules shall remain valid and in effect.
B. V.2. Posted.
"Posted" means and requires that the Village may set aside a bulletin board or similar device upon which shall be displayed all special instructions, orders and notices. Except in emergency situations, such instructions, orders and notices shall be displayed in a location convenient to the general public.
B. V.3. Temporary Closing of Facilities.
(a) Council may temporarily close to public use and evacuate an area that is determined to be hazardous for public use due to weather, water, fire construction, or other situations involving public health, safety or welfare.
(b) The Police Chief, Mayor and Fire Chief of the Village may, in emergency situations wherein there is imminent danger and welfare is substantially jeopardized, temporarily close and evacuate.
B.V.4. Animal Leash Requirement.
(a) It shall be unlawful for any person who is the owner or handler of any animal to refuse or fail to keep such animal on a leash in hand and under control at all times while such animal is within any area administered by Council.
(b) Any animal found at large may be seized and disposed of as provided by law governing disposal of stray animals on highways or public property then in effect in the territory in which the Village is located wherein such stray animal was seized.
B. V.5. Removal of Barking or Unruly Animals.
If the menacing attitude of any animal under the control or supervision of any person within any area administered by Council excites fear in another person, or if the animal disturbs the quiet enjoyment by other persons of any area administered by Council by incessant barking, whining, howling, crying or other incessant sharp, abrupt outcries, or other means, a Village official or their agent may direct that the animal be removed by the owner from any area administered by Council.
B.V.6. Releasing of Plants and Animals Prohibited.
No person shall release any wild or domestic animal and abandon such animal or plant, or culture any seed or vegetation of any type in any area administered by Council without the written permission of Council.
B.V.7. Plants.
No person shall willfully or negligently pick, dig up, cut, mutilate, destroy, injure, disturb, move, molest, alter, treat, burn, or carry away any tree or plant or portion thereof, including but not limited to leaf mold, flowers, foliage, berries, fruit, grass, turf, humus, shrubs, and dead wood from any area administered by Council.
B.V.8. Geological Features.
No person shall destroy, disturb, mutilate or remove earth, sand, stone or rocks in any area administered by Council.
B.V.9. Archaeological and Historical Features.
No person shall remove from, injure, disfigure, deface, or destroy any object of paleontological, archaeological or historical interest or value in any area administered by Council.
B.V.10. Littering, Importing of Rubbish and Trash Prohibited.
No person shall leave, place or dispose of in any manner, garbage, peelings of vegetables or fruit, waste, refuse, rubbish, ashes, cans, bottles, wire, paper, cartons, boxes, motor vehicle or bicycle or wagon parts, furniture, glass, oil, sewage, anything of an unsightly nature or anything of an unsanitary nature under or upon the lands of the Village except in a receptacle designated for that purpose. No person shall import into any area administered by Council from another place any of the above substances or import into any area administered by Council from another place and deposit any of the above substances in any receptacle designated for or ordinarily used by Council for the containment of such substances.
B.V.11. Facility Uncleanliness.
No person shall utilize any structure, facility or area administered by Council and upon vacating such structure, facility or area, cause it to be left in an unreasonably unsanitary or unclean manner of condition.
B.V.12. Injury to Buildings, Signs, and Other Property Prohibited.
No person shall in any manner, willfully deface or injure in any way, or displace, remove or tamper with any Village buildings, tables, benches, fireplaces, paving or paving material, water lines or other public utilities or parts or appurtenances thereof, signs, notices or placards whether temporary or permanent, monuments, stakes, posts, or other boundary markers, other structures or equipment, facilities or Village property or appurtenances whatsoever, either real or personal.
B.V.13. Abandoned Personal Property.
No person shall leave any personal property in any area administered by Council in such a manner that the conditions surrounding its placement when found, give indication that the owner has left the area administered by Council and does not intend to return to reclaim it. Such property may be removed from the location at which it is found and stored by Council. The owner of such property, if he be known or can be found with reasonable effort, shall be notified and the owner shall be permitted to redeem such property by payment of a storage fee not to exceed one dollar ($1.00) per day plus the actual cost incurred in the recovery of such property. When the owner of such property cannot be found and when the obvious retail value of such property, as determined by community standards of the territory in which the Village property is located, is in excess of ten dollars ($10.00), the property shall be held at the place of safe-keeping for a period of time not less than thirty days nor longer than forty-five days. Any property unclaimed by the owner at the expiration of this time shall be deemed abandoned and shall be disposed of by transferring such abandoned property to Council for final disposition.
B.V.14. Intoxicating Beverages.
No person shall consume or display the presence of any beer or intoxicating liquor or be under the influence of any mind-altering drug in any area administered by Council. For the purpose of this section, beer or intoxicating liquor are defined as in Ohio R.C. Chapter 4301.
(Ord. 1301-83. Passed 11-21-83.)
B.V.15. Soliciting, Selling, Advertising.
(a) Signs in Village Park.
(1) Location and size: No signs or other advertising shall be permitted in the Village Park and islands whatsoever except as may be placed upon the sign frame(s) provided for such purpose by Council. Such signs shall be two feet by eight feet in size, framed, constructed out of plywood, painted, stained and lettered to be of such quality, material, type and color as will match or complement the permanent sign frame. Each sign shall be provided with four screw eyes (2/top and 2/bottom) for proper and secure attachment to frames. Only one side of such sign shall contain the necessary information to be advertised (the front) and the back of the sign shall have a copy of permit and information containing the name, address, and telephone number of a person to notify in the event notification is required, in a space not to exceed 5" X 8" in the lower right hand corner.
(2) Permitted signs: Only signs advertising a single special event shall be permitted on such sign frame(s). For purposes of this section a special event shall be defined as a non profit oriented event serving a public purpose, held on specific day/dates, and to be held wholly or in part in the Village of Burton. Such special event sign shall only be allowed on eight different occasions during any calendar year for a single applicant.
(3) Application: Prior to placement of any such signs on the Village sign frame, a permit must be obtained from the Village Office. Application for such a sign permit shall be made upon a form provided by the Village and shall contain or have attached thereto the following information:
A. Name, address and telephone number of applicant.
B. One ink drawing of the proposed content of the sign.
C. The date(s) of the special event to be advertised.
D. The number of times the applicant has utilized the Village sign for special events within the calendar year.
E. Such other information as the Village may require in order for applicant to demonstrate it is a non profit organization and the sign will advertise an event serving a public purpose.
(4) A. Permit: The Village, upon proper application being filed, shall review it and, if it appears that the application is in compliance with all requirements of this chapter and other ordinances of the Village, the permit shall be issued. If it appears that the application is not in compliance with the requirements of this chapter, the Village shall deny issuance of the permit. Permits shall be granted in the order they are received.
(Ord. 1955-99. Passed 1-18-99.)
B. Removal: Permits for signs for special events shall only be applied for two months (60 days) prior to the first day of the event and permitted to be displayed for a specified period not exceeding fourteen (14) days prior to the event being promoted. Signs so permitted shall be removed by the applicant no later than two days after the event has terminated. Acceptance of the sign permit and utilization of the sign frame shall be deemed to be permission by the applicant to have the Village remove said sign if the sign is not removed by the applicant within the allowed two days after the termination of the event. A handling and storage fee of five dollars ($5.00) per day per sign will be assessed for signs not removed per the requirements of this section.
(Ord. 2144-07. Passed 6-25-07.)
C. Miscellaneous: The Village of Burton reserves the right of sign frame use at any time for any length of time. The Village of Burton is exempt from the limitations provided within this ordinance for public use. (Ord. 1955-99. Passed 1-18-99.)
(b) Activities in the Village Park:
(1) Except as to signs permitted pursuant to subsection (a) hereof, no person shall solicit, sell or rent, advertise or offer to sell tangible or intangible property, merchandise, liquids or edibles, or render any services for hire, in any area administered by Council except by authority of an approved permit issued by the Mayor. A deposit of five hundred dollars ($500.00) shall be required before the issuance of any such permit. When a permit to exhibit or distribute is granted, the distributor or exhibitioner shall be responsible for removal of all litter resulting from such distribution or exhibition. Upon verification by the Village Police Department that such litter has been properly removed, four hundred dollars ($400.00) of the five hundred dollars ($500.00) deposit shall be refunded. Otherwise, such four hundred dollars ($400.00) shall be utilized and applied by the Village toward expenses of any clean up performed by the Village.
(Ord. 2069-03. Passed 3-17-03.)
(2) No permit to conduct activities in the Village Park shall be granted by Council pursuant to subsection (b) (1) hereof, unless Council has determined the proposed activity:
A. Shall not cause unreasonable noise, pollution, adverse environmental impact upon park facilities, or danger to human life;
B. Serves the general needs of the Village;
C. Is to be conducted by a not for profit entity, as such term is defined by the United States Tax Code. Except as to signs permitted pursuant to subsection (a) hereof, and by permit issued by Council, no person shall distribute, erect, or fix any handbill, billboard, poster or any other printed matter in any area administered by Council. Announcements of special activities and notices of activities in an area administered by Council may be displayed in a manner permitted by Council. Every person displaying or distributing any such material shall be responsible for removal of all litter resulting from such distribution or display.
D. In addition to the sign frame(s) provided in subsection (a) hereof, Council may provide a message board or similar device upon which suitable size and quality pamphlets, giving information about neighboring facilities or activities may be displayed for a reasonable period of time. (Ord. 1955-99. Passed 1-18-99.)
B.V.16. Special Activities; Permit Required.
No person shall conduct any special activity upon the Village property without first obtaining a permit from Council upon application made not less than fifteen days prior to the day of the proposed special activity. “Special Activities” are supervised activities or event involving a number of participants or spectators, which activity or event significantly affects public use of land owned by the Village.
B.V.17. Park Hours.
The oval grass area of the park is open at 8:00 a.m. and closes at 11:00 p.m. daily.
B.V.18. Incorporation of State Traffic Laws.
These rules are in addition to and supplement the State traffic laws which are in force and which are incorporated herein and made a part hereof.
B.V.19. Parking.
(a) No person shall leave any motor vehicles in any place not designated for stopping or parking of motor vehicles, in any place marked with a traffic control device as a “No Parking” zone, alongside any other motor vehicle stopped or standing at the edge or curb of any roadway, or in a manner which will obstruct any barrier, gate or pedestrian walkway.
(b) No person shall wash, repair or abandon any motor vehicle, cycle, or other vehicle on Village property.
(c) There shall be no overnight parking between the hours of 11:00 p.m. and 5:00 a.m. on the western parking area, the parking area in the oval and the eastern parking area, except during Emergency Snow Ban conditions during which overnight parking shall be permitted in the parking area within the oval.
B.V.20. Removal of Vehicle.
Whenever any Village official finds any vehicle stopped, parked or standing in an area prohibited by B.V. 19 or unattended upon or within the right of way of any road or where such vehicle clearly obstructs pedestrian or vehicular traffic, such official may arrange for the removal of such vehicle to the nearest parking lot or to a place for holding such vehicles. Costs of such removal shall be borne by the operator of such vehicle.
B.V.21. Motor Vehicles, Horses, and Bicycles Required to Stay on Roads.
(a) No person shall drive or otherwise cause a horse-drawn vehicle, a motor cycle, a motor vehicle, an all-terrain vehicle or horses upon any grass area, sidewalk, path or driveway unless authorized by officials of the Village.
(b) No person shall operate any motor vehicle or ride any bicycle within any area administered by Council except on such roads, streets or driveways which are designated for such purposes. No person shall drive around any barrier or gate which is across a trail nor shall he drive a motor vehicle or bicycle upon such barricaded or closed thoroughfare.
(Ord. 1301-83. Passed 11-21-83.)
(c) No food or drink concession trailers or vehicles shall be permitted on the Village Park. No animal ride concessions shall be permitted on the Village Park. (Ord. 1455-87. Passed 4-20-87.)
(d) No temporary buildings or other similar structures shall be permitted on the Village park with the exception of tents or awnings.
(Ord. 1518-88. Passed 8-8-88.)
B. V.22. Right of Way to Pedestrians.
The operator of a motor vehicle or bicycle shall grant the right of way to all pedestrians crossing streets or highways at designated crossings within any area owned by the Village.
B.V.23. Fires.
No person shall burn or build a fire at any time on Village property except in fireplaces or containers provided by the Village.
B.V.24. Camping, Hunting or Trapping.
No person shall camp or otherwise stay overnight upon any of the Village property. No person shall hunt or trap upon any of the Village property.
B.V.25. Removal of Signs.
No person shall deface, knock down or remove any sign or poster that has been installed or erected by Council.
B.V.26. Personal Conduct.
Persons on Village property are expected to behave in such a manner as to permit others to enjoy themselves. Loud or abusive language, blaring radios, racing engines and immoral conduct are prohibited.
B.V.27. Penalties.
(a) Whoever violates Rules 4, 5, 6, 10, 11, 13, 15, 16, 17, 19, 23 and 26 inclusive is guilty of a minor misdemeanor.
(b) Whoever violates Rules 7, 8, 14, 21, 22, 24 and 25 inclusive is guilty of a misdemeanor of the fourth degree.
(c) Whoever violates Rules 9 and 12 is guilty of a misdemeanor of the first degree. (Ord. 1301-83. Passed 11-21-83.)
CODIFIED ORDINANCES OF BURTON