(a) Purpose and Intent. The purpose of this chapter is to reduce public exposure to health risks where trained law enforcement officers have determined that hazardous chemicals from a suspected clandestine drug lab site or associated dumpsite may exist. The City Council finds that such sites may contain suspected chemicals and residues that place people, particularly children or adults of child bearing age, at risk when exposed through inhabiting or visiting the site, now and in the future.
(b) Interpretation and Application. The provisions of this chapter shall be construed to
protect the public health, safety and welfare.
Where the conditions imposed by any provision of this chapter are either more or less restrictive than comparable provisions imposed by any other law, ordinance, statute, or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall prevail.
Should any court of competent jurisdiction declare any section or subpart of this chapter to be invalid, such decision shall not affect the validity of the chapter as a whole or any part thereof, other than the provision declared invalid.
(c) Fees. Fees for the administration of this Chapter may be established and amended
periodically by the City Administration.
(d) Definitions. As used in this chapter:
(1) "Box Lab" shall mean any illegal methamphetamine and/or drug manufacturing laboratory that is portable, including but not limited to motor vehicles used as an illegal methamphetamine manufacturing laboratory.
(2) "Certified/licensed environmental testing/cleaning firm" means any testing and or cleaning firm that performs testing/cleaning in compliance with established EPA standards and procedures.
(3) "Chemical dumpsite" means any place or area where chemicals or other waste materials used or produced in a clandestine drug lab have been located.
(4) "Child" means any person less than 18 years of age.
(5) "Clandestine drug lab" means the unlawful manufacture or attempt to manufacture controlled substances
(6) "Clandestine drug lab site" means any place or area where law enforcement has determined that conditions associated with the operation of a clandestine drug lab exist. A clandestine drug lab site may include residential, commercial, industrial or institutional structures, accessory buildings, accessory structures, motor vehicles, a chemical dumpsite, land or any box lab.
(7) "Controlled substance" means a drug, substance or precursor in Schedules I through V of Ohio R.C. 3719.41. The term does not include distilled spirits, wine, malt beverages, intoxicating liquors or tobacco.
(8) "Emergency dismantling" shall include dismantling or disposal of drug processing apparatus and/or chemicals once the site has been declared a public health hazard.
(9) "Hazardous wastes" means waste generated from a clandestine drug lab.
(10) "Illegal methamphetamine or drug manufacturing laboratory" has the same meaning as in Ohio R.C. 3745.13.
(11) "Illegal methamphetamine or drug manufacturing laboratory site" shall mean any place or area where law enforcement has determined that the conditions associated with the operation of an illegal methamphetamine manufacturing laboratory exist. Conditions associated with the operation of an illegal methamphetamine manufacturing laboratory include, but are not limited to, the existence of an illegal methamphetamine manufacturing laboratory, a box lab, or chemical dumpsite or the storage of chemicals used in the production of methamphetamine. An illegal methamphetamine manufacturing laboratory site may include, but is not limited to dwellings, accessory buildings, accessory structures, motor vehicles, or any land.
(12) "Manufacture", in places other than a pharmacy or a licensed pharmaceutical manufacturing facility, includes the production, cultivation, quality control, and standardization, by mechanical, physical, chemical or pharmaceutical means, packing, repacking, tableting, encapsulating, labeling, relabeling, filling, or by other process, of controlled substances.
(13) "Methamphetamine" has the same meaning as in Ohio R.C. 3745.13.
(14) "Motor vehicles" shall have the same meaning as in Ohio R.C. 4501.01.
(15) "Owner" means any person, firm or corporation who owns, in whole or in part, the land, buildings, structures, vehicle or property associated with a clandestine drug lab site, box lab or chemical dumpsite.
(16) "Precursor" means any chemical reactant which takes place at any stage in the production by whatever method of a hazardous waste.
(17) "Public health hazard" includes all residential, commercial, industrial or institutional structures, accessory structures, buildings, vehicles and property associated with a clandestine drug lab site that are potentially unsafe due to health hazards.
(18) "Real property" shall include any buildings or structures located on property.
(19) "The City" means the City of Chillicothe, Ohio.
(20) "Transfers of property" shall mean the transfer or conveyance of any interest in real property by sale, lease, and gift or land contract.
(Ord. 19-14. Passed 4-14-14.)