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(a) No person shall abandon or knowingly permit to remain on public or private property, any excavation, well, cesspool or structure which is in the process of construction, reconstruction, repair or alteration unless the same is adequately protected by suitable barricades and guarded by warning devices or lights at night so that the condition will not reasonably prove dangerous to life or limb.
(b) No person shall destroy, remove, damage or extinguish any barricade or warning light that is placed for the protection of the public so as to prevent injury to life or limb.
(c) Any owner or agent in control of a premises upon which a basement, cellar, well or cistern has been abandoned due to demolition, failure to build or any other reason shall cause the same to be filled to the ground surface with rock, gravel, earth or other suitable material.
(d) Whoever violates this section is guilty of a minor misdemeanor.
(a) No person shall place or knowingly drop upon any part of a sidewalk, playground or other public place any tacks, bottles, wire, glass, nails or other articles which may damage property of another or injure any person or animal traveling along or upon such sidewalk or playground.
(b) No person shall walk on, or allow any animal upon, or injure or deface in any way, any soft or newly laid sidewalk pavement.
(c) No person shall place, deposit or maintain any merchandise, goods, material or equipment upon any sidewalk so as to obstruct pedestrian traffic thereon except for such reasonable time as may be actually necessary for the delivery or pickup of such articles. In no such case shall the obstruction remain on such sidewalk for more than one hour.
(d) No person shall unload upon, or transport any heavy merchandise, goods, material or equipment over or across any sidewalk or curb without first placing some sufficient protection over the pavement to protect against damage or injury. The affected area shall be rendered safe and free from danger.
(e) No person shall allow any cellar or trap door, coal chute or elevator or lift opening in any sidewalk to remain open without providing suitable safeguards to protect and warn pedestrian traffic of the dangerous condition.
(f) Whoever violates this section is guilty of a minor misdemeanor.
(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) No person shall erect or maintain any fence charged with electrical current.
(b) No person shall erect or maintain a barbed wire fence which abuts or is adjacent to any public street or sidewalk. This subsection (b) does not prevent the placement and use of not more than three strands of barbed wire on top of a fence other than a barbed wire fence, provided such strands are not less than seventy-two inches from the ground.
(c) Whoever violates this section is guilty of a minor misdemeanor.
(a) No person, regardless of intent, shall deposit litter or cause litter to be deposited on any public property, on private property not owned by the person, or in or on waters of the State, or Municipality, unless one of the following applies:
(1) The person is directed to do so by a public official as part of a litter collection drive;
(2) Except as provided in subsection (b) hereof, the person deposits the litter in a litter receptacle in a manner that prevents its being carried away by the elements;
(3) The person is issued a permit or license covering the litter pursuant to Ohio R. C. Chapter 3734 or 6111.
(b) No person, without privilege to do so, shall knowingly deposit litter, or cause it to be deposited, in a litter receptacle located on any public property or on any private property not owned by the person, unless one of the following applies:
(1) The litter was generated or located on the property on which the litter receptacle is located.
(2) The person is directed to do so by a public official as part of a litter collection drive.
(3) The person is directed to do so by a person whom the person reasonably believes to have the privilege to use the litter receptacle.
(4) The litter consists of any of the following:
A. The contents of a litter bag or container of a type and size customarily carried and used in a motor vehicle;
B. The contents of an ash tray of a type customarily installed or carried and used in a motor vehicle;
C. Beverage containers and food sacks, wrappings and containers of a type and in an amount that reasonably may be expected to be generated during routine commuting or business or recreational travel by a motor vehicle;
D. Beverage containers, food sacks, wrappings, containers and other materials of a type and in an amount that reasonably may be expected to be generated during a routine day by a person and deposited in a litter receptacle by a casual passerby.
(c) (1) As used in subsection (b)(1) hereof, "public property" includes any private property open to the public for the conduct of business, the provision of a service, or upon the payment of a fee but does not include any private property to which the public otherwise does not have a right of access.
(2) As used in subsection (b)(4) hereof, "casual passerby" means a person who does not have depositing litter in a litter receptacle as the person’s primary reason for traveling to or by the property on which the litter receptacle is located.
(d) As used in this section:
(1) “Auxiliary container” means a bag, can, cup, food or beverage service item, container, keg, bottle, or other packaging to which all of the following apply:
A. It is designed to be either single use or reusable.
B. It is made of cloth, paper, plastic, foamed or expanded plastic, cardboard, corrugated material, aluminum, metal, glass, postconsumer recycled material, or similar materials or substances, including coated, laminated, or multilayered substrates.
C. It is designed for consuming, transporting, or protecting merchandise, food, or beverages from or at a food service operation, retail food establishment, grocery, or any other type of retail, manufacturing, or distribution establishment.
(2) “Deposit” means to throw, drop, discard, or place.
(3) “Litter” includes garbage, trash, waste, rubbish, ashes, cans, bottles, wire, paper, cartons, boxes, automobile parts, furniture, glass, auxiliary containers, or anything else of an unsightly or unsanitary nature.
(4) “Litter receptacle” means a dumpster, trash can, trash bin, garbage can, or similar container in which litter is deposited for removal.
(ORC 3767.32)
(e) No person shall cause or allow litter to be collected or remain in any place to the damage or prejudice of others or of the public, or unlawfully obstruct, impede, divert, corrupt or render unwholesome or impure, any natural watercourse.
(f) Whoever violates any provision of subsections (a) to (d) hereof, is guilty of a misdemeanor of the third degree. The sentencing court may, in addition to or in lieu of the penalty provided in this subsection require a person who violates subsections (a) to (d) hereof to remove litter from any public or private property, or in or on any waters.
(ORC 3767.99(C))
(ORC 3767.99(C))
(g) Whoever violates subsection (e) hereof is guilty of a minor misdemeanor for a first offense and a misdemeanor of the fourth degree for each subsequent offense.
(a) No person shall erect, continue, use or maintain a dwelling, building, structure or place for a residence or for the exercise of a trade, employment or business, or for the keeping or feeding of an animal which, by occasioning noxious exhalations or noisome or offensive smells, becomes injurious to the health, comfort or property of individuals or of the public. (ORC 3767.13)
(b) Whoever violates this section is guilty of a misdemeanor of the third degree.
(a) All brush, briers, burrs, Russian and Canadian thistles or noxious weeds, four or more inches in height and within twenty-five feet of abutting public streets irrespective of modifying terms such as street, avenue, road, etc., are hereby declared a public nuisance.
(b) No person, after having been notified by the Division of Police shall permit or cause to be maintained upon his premises a public nuisance as defined in subsection (a) hereof.
(c) It shall be the duty of the owner, occupant or agent in charge of any such land in the Municipality to remove from such land any weeds thereon of four or more inches in height within seven days, Sundays and legal holidays excepted, after notice to do so. However, the foregoing provision shall apply to land within the Municipality used exclusively for agricultural purposes only to within the unimproved right of way abutting public streets as defined in subsection (a) hereof.
(d) Whenever there are upon any aforesaid defined lands within the Municipality weeds of four or more inches in height, and no person can be found in the Municipality who either is or claims to represent such owner, as aforesaid, the Manager shall give notice by publication once in one newspaper of general circulation in the Municipality, requiring the removal. Such notice shall specify the land from which weeds are to be removed, the character of the work to be done and the time allowed for doing the same.
(e) If such weeds are not removed as provided and within the time so specified by the notice required by subsection (d) hereof, it shall be the duty of the Manager to cause their removal and the owner of such property shall be held liable to the Municipality for the cost incurred by the removal of the weeds, including the cost of advertising.
(f) It shall be the duty of the owner, occupant or agent in charge of any land abutting upon any street, as defined in subsection (a) hereof, within seven days after the notice from the Manager, to remove any weeds growing along the street edge, curb, or the sidewalk portions of the street, lane, alley or public place. (Ord. 1983-14. Passed 6-7-83.)
(g) The City Manager, Division of Police, or other designated official shall be required to provide only one notice per calendar year for similar violations on the same property and for the same owner. The original violation notice must state that citations for similar violations within the calendar year may be made without additional notification.
(Ord. 2002-28. Passed 11-6-02.)
(h) Whoever violates this section is guilty of a minor misdemeanor.
(Ord. 1983-14. Passed 6-7-83; Ord. 2002-28. Passed 11-6-02.)
(a) A water emergency shall exist when there is an inadequate water supply to assure the maintenance of sufficient pressure in the water system of the Municipality to provide for fighting fires or when there is an anticipated problem with the quality or quantity of drinking water.
(b) The determination of the possibility of such inadequate pressure, quantity or quality, in the water system shall be made by the Manager, with the advice of the Fire Chief of the Cardinal Joint Fire District, and/or the Public Works Supervisor.
(c) Whenever the Manager, in accordance with subsection (b) hereof, has determined that a water emergency exists, the Manager shall proclaim the existence of such emergency and shall give publicity to such proclamation by newspaper, radio, television and any or all of such means as are available and will most rapidly acquaint the citizens of the Municipality with the proclamation.
(d) The proclamation authorized in subsection (c) hereof shall prescribe uses of water to be limited or forbidden and shall fix times for such limitation or prohibition of use with particularity.
(e) The use of water contrary to the limitation or prohibition of the proclamation thereafter and during the existence of the water emergency shall constitute a violation of this section.
(f) When the Manager, with the advice of the Fire Chief of the Cardinal Joint Fire District and/or Public Works Supervisor, determines that the water emergency no longer exists, he shall inform the citizens as set forth in subsection (c) hereof.
(g) Whoever violates this section is guilty of a minor misdemeanor.
(Ord. 1992-11. Passed 3-3-92.)
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