CHAPTER 202
Codified Ordinances
202.01   Designation; citation; headings.
202.02   General definitions.
202.025   Definition of objectionable condition.
202.03   Rules of construction.
202.04   Revivor; effect of re-enactment, amendment or repeal.
202.05   Construction of section references.
202.06   Separability.
202.99   General penalty.
 
CROSS REFERENCES
See section histories for similar State law
Codification in book form - see CHTR. 5.08
Imprisonment until fine paid - see Ohio R.C. 1905.30, 2947.14
Ordinances and resolutions - see ADM. Ch. 222
Statute of limitations on prosecutions - see GEN. OFF. 606.06
202.01 DESIGNATION; CITATION; HEADINGS.
   This volume consists of all ordinances and resolutions of a permanent and general nature of the Municipality, revised, codified, arranged, numbered and consolidated into component codes, titles, chapters and sections, and as such shall be known and designated as the Codified Ordinances of Carlisle, Ohio, 2014, for which designation “Codified Ordinances” may be substituted. Code, title, chapter and section headings do not constitute any part of the law as contained in the Codified Ordinances. (ORC 1.01)
202.02 GENERAL DEFINITIONS.
   As used in the Codified Ordinances, unless otherwise expressly provided or the context otherwise requires:
   (a)   “And” may be read “or”, and “or” may be read “and”, if the sense requires it.
   (b)   “Another,” when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property.
   (c)   “Bond” includes an undertaking.
   (d)   “Child” includes child by adoption.
   (e)   “Council” means the legislative authority of the Municipality.
   (f)   “County” means Warren County or Montgomery County, Ohio, as the context requires, inasmuch as parts of the Municipality are in both counties.
   (g)   “Fire Chief” shall mean the Chief of the Fire Department.
   (h)   “Imprisoned” shall have the same meaning as in Ohio R.C. 1.05.
   (i)   “Internet” shall mean the international computer network of both federal and non-federal interoperable packet switched data networks, including the graphical subnetwork known as the world wide web.
   (j)   “Keeper” or “proprietor” includes all persons, whether acting by themselves or as a servant, agent, or employee.
   (k)   “Land” or “real estate” includes rights and easements of incorporeal nature.
   (l)   “Legislative authority” means the legislative authority of the Municipality.
   (m)   “May” is permissive.
   (n)   “Municipality” means the municipality of Carlisle, Ohio.
   (o)   “OAC” refers to the Ohio Administrative Code.
   (p)   “Oath” includes affirmation; and “swear” includes affirm.
   (q)   “Of unsound mind.” The person lacks the relevant mental capacity.
   (r)   “Owner.” When applied to property, includes any part owner, joint owner or tenant in common of the whole or part of the property.
   (s)   “Person.” Includes an individual, corporation, business trust, estate, trust, partnership and association.
   (t)   “Personal property.” Includes all property except real property.
   (u)   “Plan of sewerage,” “system of sewerage,” “sewer” and “sewers.” Includes sewers, sewage disposal works and treatment plants, and sewage pumping stations, together with facilities and appurtenances necessary and proper therefor.
   (v)   “Premises.” As applied to property, includes land and buildings.
   (w)   “Property.” Includes real, personal, mixed estates and interests.
   (x)   “Public authority.” Includes boards of education; the municipal, county, state or federal government, its officers or an agency thereof; or any duly authorized public official.
   (y)   “Public place.” Includes any street, sidewalk, park, cemetery, school yard, body of water or watercourse, public conveyance or any other place for the sale of merchandise, public accommodation or amusement.
September 2024 Replacement
   (z)   “Real property.” Includes lands, tenements and hereditaments.
   (aa)   “Registered mail.” Includes certified mail; and “certified mail” includes registered mail.
   (bb)   “Revised Code” or “R.C.” Refers to the Ohio Revised Code.
   (cc)   “Shall.” The action referred to is mandatory.
   (dd)   “Sidewalk.” That portion of the street between the curb line and the adjacent property line intended for the use of pedestrians.
   (ee)   “State.” The State of Ohio.
   (ff)   “Street.” Includes alleys, avenues, boulevards, lanes, roads, highways, viaducts and all other public thoroughfares within the municipality.
   (gg)   “Tenant” or “occupant.” As applied to premises, includes any person holding a written or oral lease, or who actually occupies the whole or any part of the premises, alone or with others.
   (hh)   “Undertaking.” Includes a bond.
   (ii)   “Week.” Seven consecutive days.
   (jj)   “Whoever.” Includes all persons, natural and artificial; partners; principals, agents and employees; and all officials, public or private.
   (kk)   “Writing.” Includes printing.
   (ll)   “Written” or “in writing.” Include any representation of words, letters, symbols or figures; this provision does not affect any law relating to signatures.
   (mm)   “Year.” Twelve consecutive months.
      (ORC 1.02, 1.05, 1.44, 1.59, 701.01)
202.025 DEFINITION OF OBJECTIONABLE CONDITION.
   (a)   As used in these Codified Ordinances, unless otherwise expressly provided or the context otherwise requires, “objectionable condition” means a condition that is offensive. An objectionable condition is a situation that can and should be corrected to preclude the condition from being declared a public nuisance which adversely affects the health, safety or welfare of the citizens of a particular neighborhood or the entire community.
   (b)   An objectionable condition means any condition or use of premises, objects on premises, or building exteriors, which condition or use is detrimental to the property of others or causes or tends to cause reduction in the value of other property in the community.
   (c)   An objectionable condition can be caused by the use of things in an excessive manner compared to the norm of the area (for example, in a residential area, the display on the property of several items with the implied purpose of selling or trading the items).
   (d)   An objectionable condition can be caused by the use of things in a manner for which they were not intended (for example, using a vehicle not designed as a housing unit as a housing unit; or using a part of or all of a vehicle as a part of or all of a stationary business use when the vehicle is not designed to be so used).
   (e)   An objectionable condition can be caused by property being in a state of disrepair, such as having broken windows.
   (f)   An objectionable condition can be caused by keeping or depositing on premises, or by scattering over premises, junk, trash, rubbish or refuse of any kind; abandoned, discarded or unused objects or equipment, such as furniture, stoves, refrigerators, freezers, cans or containers; or building materials, including, but not limited to, lumber, bricks, concrete or cinder blocks, plumbing materials, electrical wiring or equipment, shingles, mortar, concrete, cement, nails, screws or other materials used in constructing any structure or object.
(Ord. 37-91. Passed 11-12-91.)
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