521.01 ABANDONED REFRIGERATORS AND AIRTIGHT CONTAINERS.

   (a)   No person shall abandon, discard, or knowingly permit to remain on premises under his control, in a place accessible to children, any abandoned or discarded icebox, refrigerator or other airtight or semiairtight container which has a capacity of one and one-half cubic feet or more and an opening of fifty square inches or more and which has a door or lid equipped with hinge, latch or other fastening device capable of securing such door or lid, without rendering such equipment harmless to human life by removing such hinges, latches or other hardware which may cause a person to be confined therein. This section shall not apply to an icebox, refrigerator or other airtight or semiairtight container located in that part of a building occupied by a dealer, warehouseman or repairman.
(ORC 3767.29)

   (b)   Whoever violates this section is guilty of a misdemeanor of the fourth degree.

521.02 VENTING OF HEATERS AND BURNERS.

   (a)   A brazier, salamander, space heater, room heater, furnace, water heater or other burner or heater using wood, coal, coke, fuel oil, kerosene, gasoline, natural gas, liquid petroleum gas or similar fuel, and tending to give off carbon monoxide or other harmful gas:

      (1)   When used in living quarters, or in any enclosed building or space in which persons are usually present, shall be used with a flue or vent so designed, installed and maintained as to vent the products of combustion outdoors; except in storage, factory or industrial buildings which are provided with sufficient ventilation to avoid the danger of carbon monoxide poisoning;

      (2)   When used as a portable or temporary burner or heater at a construction site, or in a warehouse, shed or structure in which persons are temporarily present, shall be vented as provided in subsection (a) hereof, or used with sufficient ventilation to avoid the danger of carbon monoxide poisoning.

   (b)   This section does not apply to domestic ranges, laundry stoves, gas logs installed in a fireplace with an adequate flue, or hot plates, unless the same are used as space or room heaters.

   (c)   No person shall negligently use, or, being the owner, person in charge, or occupant of premises, negligently permit the use of a burner or heater in violation of the standards for venting and ventilation provided in this section.

   (d)   Subsection (a) hereof does not apply to any kerosene-fired space or room heater that is equipped with an automatic extinguishing tip-over device, or to any natural gas-fired or liquid petroleum gas-fired space or room heater that is equipped with an oxygen depletion safety shutoff system, and that has its fuel piped from a source outside of the building in which it is located, that are approved by an authoritative source recognized by the State Fire Marshal in the State Fire Code adopted by him under Ohio R.C. 3737.82.

   (e)   The State Fire Marshal may make rules to ensure the safe use of unvented kerosene, natural gas or liquid petroleum gas heaters exempted from subsection (a) hereof when used in assembly buildings, business buildings, high hazard buildings, institutional buildings, mercantile buildings and type R-1 and R-2 residential buildings, as these groups of buildings are defined in rules adopted by the Board of Building Standards under Ohio R.C. 3781.10. No person shall negligently use, or, being the owner, person in charge or occupant of premises, negligently permit the use of a heater in violation of any rules adopted under this subsection.

   (f)   The State Fire Marshal may make rules prescribing standards for written instructions containing ventilation requirements and warning of any potential fire hazards that may occur in using a kerosene, natural gas, or liquid petroleum gas heater. No person shall sell or offer for sale any kerosene, natural gas or liquid petroleum gas heater unless the manufacturer provides with the heater written instructions that comply with any rules adopted under this subsection.

   (g)   No product labeled as a fuel additive for kerosene heaters and having a flash point below one hundred degrees fahrenheit or thirty-seven and eight-tenths degrees centigrade shall be sold, offered for sale or used in any kerosene space heater.

   (h)   No device that prohibits any safety feature on a kerosene, natural gas or liquid petroleum gas space heater from operating shall be sold, offered for sale or used in connection with any kerosene, natural gas or liquid petroleum gas space heater.

   (i)   No person shall sell or offer for sale any kerosene-fired, natural gas or liquid petroleum gas-fired heater that is not exempt from subsection (a) hereof unless it is marked conspicuously by the manufacturer on the container with the phrase "Not Approved For Home Use."

   (j)   No person shall use a cabinet-type, liquid petroleum gas-fired heater having a fuel source within the heater, inside any building, except as permitted by the State Fire Marshal in the State Fire Code adopted by him under Ohio R.C. 3737.82.
(ORC 3701.82)

   (k)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(ORC 3701.99(C))

521.03 BARRICADES AND WARNING LIGHTS; ABANDONED EXCAVATIONS.

   (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.

521.04 SIDEWALK OBSTRUCTIONS; DAMAGE OR INJURY.

   (a)    As used in this section, "Downtown Business District" means all public streets within the City of Celina, Ohio contained within and bounded by Livingston Street, Ash Street, Logan Street and Walnut Street, and the parts of such streets that define said boundary, including both sides thereof; as well as the one-half block west on Market Street from Walnut Street, and both sides of said Market Street at that location; as well as and one block west on Fayette Street from Walnut Street, and both sides of said Fayette Street at that location; or as otherwise defined in Section 353.01 of these Codified Ordinances, as amended from time to time.

   (b)    No person shall place or knowingly drop upon any part of a sidewalk or playground any tacks, bottles, wire, glass, nails or other articles which may damage or injure any person or

animal traveling along or upon such sidewalk or playground.

   (c)    No person shall erect, construct or place any obstruction on the streets, alleys or sidewalks, except as the same may be temporarily necessary for the purpose of erecting structures or making improvements on lands adjacent thereto. A permit for such temporary obstruction must

be obtained from the Director of Public Service-Safety prior to the erection of such obstruction.

   (d)   (1)    Notwithstanding any other provisions of this section, no person shall erect, construct and/or place any obstruction on the streets, alleys or sidewalks which are contained within the "Downtown Business District" without first obtaining a permit, annually, for such obstruction from the Director of Public Service-Safety prior to the erection of such obstruction.

      (2)    No such permit for any such obstruction within the "Downtown Business District" shall be issued unless all of the following apply:

         A.   The obstruction shall allow for full compliance with the Americans with Disabilities Act ("ADA"), and all similar legislation, including allowing for a minimum of forty (40) inches clearance of "flat sidewalk" outside of the obstructed area, or as otherwise modified by the ADA and all similar legislation which currently requires that any such clearance be no less than thirty-six (36) inches of "flat sidewalk" outside of the obstructed area;

         B.   The obstruction shall be no more than seven (7) feet from the face of the building;

         C.   The obstruction shall be removable and temporary in nature.

         D.   Any anchors used to secure the obstruction to the sidewalk and/or a building shall be fully-removable, shall be pre-approved by the Director of Public Service and Safety, and shall leave a flush surface when the obstruction is removed.

         E.   In the event that the obstruction is a sign advertising goods, services, or similar items of a business, the obstruction shall only be allowed during hours which said business is open to the public.

         F.   In the event any obstruction, including without limitation its installation or removal, the person and/or entity seeking approval for such obstruction shall be fully liable to the City of Celina, Ohio for any and all damages and/or injuries occurring as a result thereof. and shall agree in indemnify the City of Celina, Ohio and its agents for the same.

         G.   Any permit(s) issued hereunder shall be exclusive to the individual/entity who applied for the same, and are not transferable in any manner without the prior approval of the Director of Public Service and Safety.

      (3)   In addition to any and all other requirements set forth in this Section of the Celina Codified Ordinances. no such permit for any obstruction that is a fence within the "Downtown Business District" shall be issued unl ess. in addition to the establishment meeting all other requirements herein set forth, all of the following additional requirements apply:

         A.   In the event that the obstruction is a fence:

            1.   The establishment seeking to erect such fence must be a retail food service business with all appropriate and current licensures from all applicable governmental bodies and/or agency(ies);

            2.   The same shall be no higher than three (3) feet from the surface of the sidewalk to the highest point of the obstruction;

            3.   The obstruction shall be erected no earlier than April I st of each calendar year, and shall be removed by no later than November 1st of the same calendar year; and

            4.   The same shall be consistent with the standards of the City of Celina's Downtown Review Board, and shall be limited to the following materials: painted steel , wrought iron, cast iron, aluminum, or any other material which is otherwise approved of by the City of Celina's Downtown Review Board.

   (e)   No person shall erect, construct, place or maintain awnings, signs, marquees or other projections or any other obstruction from or adjacent to a building in the Downtown Business District unless such are so erected as to be at a height of eighty-four inches or more above the surface of the sidewalk.

   (f)   Notwithstanding any of the provisions contained wi thin this section of these Celina Codified Ordinances, any and all otherwise applicable laws, including local, State and Federal, shall equally apply to all matters arising within all geographical areas addressed herein and/or

otherwise related to this section of these Celina Codified Ordinances.

   (g)   (1)   Whoever violates any provision of Section 521.04 of these Celina Codified Ordinances is guilty of a minor misdemeanor for each such offense, and shall also be assessed any costs incurred in the modification, removal, impoundment, and/or disposal of any obstruction, sign, or other object or thing encroaching upon the sidewalks in violation of this section of these Celina Codified Ordinances.

      (2)   A separate offense shall be deemed committed each day for each and every violation under this section of these Codified Ordinances occurs.

         (Ord. 49-12-0. Passed 1-28-13.)

521.05 NOTICE TO FILL LOTS, REMOVE PUTRID SUBSTANCES.

   (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.