§ 660.04 NOXIOUS ODORS; FILTHY ACCUMULATIONS; POLLUTING AND DIVERTING WATERCOURSES.

(a) The use of 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 gases must comply with the following provisions;

(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 division (a)(1) 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) Division (a) above 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 shut-off system, and that has its fuel piped from a source outside 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 or her 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 division (a) above 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 division.

(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 division.

(g) No product labeled as a fuel additive for kerosene heaters and having a flash point below 100°F or 37.8°C 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 division (a) above, 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 or her 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(B)) (Ord. 83-O-680, passed 6-21-1983)

§ 660.02 SPREADING CONTAGION.

(a) No person, knowing or having reasonable cause to believe that the person has a dangerous, contagious disease, shall knowingly fail to take reasonable measures to prevent exposing self to other persons, except when seeking medical aid.

(b) No person, having charge or care of a person whom the person having charge or care knows or has reasonable cause to believe has a dangerous, contagious disease, shall recklessly fail to take reasonable measures to protect others from exposure to the contagion, and to inform health authorities of the existence of the contagion.

(c) No person, having charge of a public conveyance or place of public accommodation, amusement, resort, or trade, and knowing or having reasonable cause to believe that persons using such conveyance or place have been or are being exposed to a dangerous, contagious disease, shall negligently fail to take reasonable measures to protect the public from exposure to the contagion, and to inform health authorities of the existence of the contagion.

(ORC 3701.81)

(d) Whoever violates this section is guilty of a misdemeanor of the second degree.

(ORC 3701.99(C))

§ 660.03 LITTERING.

(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 him or her, or in or on waters of the state, 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 division (b) of this section, 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 him or her, 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 he or she 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 division (b)(1) of this section, “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 division (b)(4) of this section, “casual passerby” means a person who does not have depositing litter in a litter receptacle as his or her primary reason for traveling to or by the property on which the litter receptacle is located.

(d) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(1) “Auxiliary container.” 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.” To throw, drop, discard or place.

(3) “Litter.” 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.” A dumpster, trash can, trash bin, garbage can or similar container in which litter is deposited for removal.

(e) This section may be enforced by any sheriff, deputy sheriff, police officer of a municipal corporation, police constable or officer of a township, or township or joint police district, wildlife officer designated under R.C. § 1531.13, natural resources officer appointed under R.C. § 1501.24, forest-fire investigator appointed under R.C. § 1503.09, conservancy district police officer, inspector of nuisances of a county, or any other law enforcement officer within the law enforcement officer’s jurisdiction.

(R.C. § 3767.32)

(f) Whoever violates any provision of this section shall be guilty of a misdemeanor of the third degree. The sentencing court may, in addition to or in lieu of the penalty provided in this division, require a person who violates this section to remove litter from any public or private property or in or on waters of the state.

(R.C. § 3767.99(C))

§ 660.04 NOXIOUS ODORS; FILTHY ACCUMULATIONS; POLLUTING AND DIVERTING WATERCOURSES.

(a) No person shall erect, continue to use, or maintain a building, structure, or place for the exercise of a trade, employment, or business or for keeping or feeding 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.

(b) No person shall cause or allow offal, filth, or noisome substances to be collected or remain in any place to the damage or prejudice of others or of the public.

(c) No person shall unlawfully obstruct or impede the passage of a navigable river, harbor, or collection of water, or corrupt or render unwholesome or impure a watercourse, stream of water, or unlawfully divert such watercourse from its natural course or state to the injury or prejudice of others.

(d) Persons who are engaged in agriculture-related activities, as “agriculture” is defined in Ohio R.C. 519.01, and who are conducting those activities outside the municipality, in accordance with generally accepted agricultural practices, and in such a manner so as not to have a substantial, adverse effect on the public health, safety, or welfare, are exempt from divisions (a) and (b) above and from any ordinances, resolutions, rules, or other enactments of the municipality that prohibit excessive noise.

(ORC 3767.13)

(e) Whoever violates this section is guilty of a misdemeanor of the third degree.

(ORC 3767.99(C))

§ 660.05 DUTY TO KEEP SIDEWALKS IN REPAIR AND CLEAN.

(a) No owner or occupant of abutting premises shall fail to keep the sidewalks, ramps, curbs or gutters, as well as premises access steps, staircases, stoops, platforms and other such passageways within or upon the city’s sidewalk or street right-of-way in repair and free from snow, ice or any nuisance.

(b) Whoever violates this section is guilty of a minor misdemeanor and shall be subject to the penalty provided in § 698.02.

(Ord. 04-O-2126, passed 4-6-2004; Ord. 08-O-2490, passed 11-4-2008)

§ 660.06 ABANDONED REFRIGERATORS AND AIRTIGHT CONTAINERS.

(a) No person shall abandon, discard, or knowingly permit to remain on premises under the person's control, in a place accessible to children, any abandoned or discarded icebox, refrigerator, or other airtight or semi-airtight container which has a capacity of one and one-half cubic feet or more and an opening of 50 square inches or more and which has a door or lid equipped with a hinge, latch, or other fastening device capable of securing such door or lid, without rendering the 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 semi-airtight container located in that part of a building occupied by a dealer, warehouse or repairer.

(ORC 3767.29)

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

(ORC 3767.99(B))

§ 660.07 STORAGE OF JUNK VEHICLES.

(a) (1) For purposes of this section, “junk motor vehicle” means any motor vehicle which is three years old or older; extensively damaged, such damage including but not limited to any of the following: missing wheels, tires, motor, or transmission; apparently inoperable; and having a fair market value of one thousand five hundred dollars ($1,500.00) or less, that is left uncovered in the open on private property for more than 72 hours with the permission of the person having the right to possession of the property, except if the person is operating a junk yard or scrap metal processing facility licensed under the authority of Ohio R.C. 4737.05 through 4737.12, or otherwise regulated under authority of a political subdivision; or if the property on which the motor vehicle is left is not subject to licensure or regulation by any governmental authority, unless the person having the right to the possession of the property can establish that the motor vehicle is part of a bona fide commercial operation; or if the motor vehicle is a collector’s vehicle.

(2) The municipality shall not prevent a person from storing or keeping, or restrict him or her in the method of storing or keeping, any collector’s vehicle on private property with the permission of the person having the right to the possession of the property, except that the municipality may require a person having such permission to conceal, by means of buildings, fences, vegetation, terrain, or other suitable obstruction, any unlicensed collector’s vehicle stored in the open.

(3) The chief of a law enforcement agency in the municipal corporation, a state highway patrol trooper, the Legislative Authority, or the zoning authority may send notice, by certified mail with return receipt requested, to the person having the right to the possession of the property on which a junk motor vehicle is left, that within ten days of receipt of the notice, the junk motor vehicle either shall be covered by being housed in a garage or other suitable structure, or shall be removed from the property.

(4) No person shall willfully leave a junk motor vehicle uncovered in the open for more than ten days after receipt of a notice as provided in this section. The fact that a junk motor vehicle is so left is prima facie evidence of willful failure to comply with the notice, and each subsequent period of 30 days that a junk motor vehicle continues to be so left constitutes a separate offense.

(b) Whoever violates this section is guilty of a minor misdemeanor.

(ORC 4513.65)

§ 660.08 OPEN BURNING.

(a) Prohibited; exceptions.

(1) Except as otherwise provided in this section, no person shall cause or permit the open burning of combustible materials, including, without limitation, rubbish, refuse of any kind, grass, leaves, wood, paper, waste, industrial matter and materials of any kind resulting from construction, alteration or demolition of any structure or equipment.

(2) The following shall not be considered open burning within the meaning of this section:

A. Burning of waste material generated on the premises within a permanent, properly ventilated incinerator within an enclosed building, when such incinerator is designed and operated so as to minimize smoke and odors.

B. Campfires using dry wood, coal or charcoal as fuel, provided such campfire is in compliance with all other regulations.

C. Fires in outdoor fireplaces or grills solely for the purpose of cooking food, provided, however, that no such cooking fire shall be used as an incinerator or be permitted to become a nuisance or a source of annoyance or discomfort to any other person by reason of emission of smoke, fumes, fly ash, dust or soot.

D. Small open flames for heating tar, welding equipment, cutting torches and highway safety flares.

(b) Containers for burning; debris. No person shall keep or maintain any container, pit or other device primarily designed for open burning, or keep or maintain any accumulation of rubbish, ashes or other debris resulting from any open burning.

(1) A. Upon application to the Manager for an open burning permit, an owner of the property or the general contractor for construction thereon may be issued a permit to burn natural wood, lumber, paper, cardboard and wooden boxes at the construction site.

B. All such open burning shall be supervised by an individual designated by the Manager on a date and at a time designated by such individual. Copies are to be given to the Police and Fire Departments.

(2) For purposes of this section, natural wood means all trees, including a tree stump and limbs, as well as herbaceous material which is cleared from a construction site and the roads or other means of access to such site.

(3) A property owner or the general contractor shall submit a fee of ten dollars ($10.00) with such application for a permit for open burning on the construction site of a one, two or three-family dwelling, and the fee for a permit for all other construction sites shall be twenty dollars ($20.00).

(4) When an air pollution alert, warning or emergency is declared by the Ohio Environmental Protection Agency or any other authority authorized to declare an air pollution alert, and notice of such alert, warning or emergency has been appropriately conveyed to an open burning permit holder, no open burning shall occur pursuant to such permit until such air pollution warning or emergency has subsided and the property owner or the general contractor has been notified accordingly.

(5) The Manager may reject any such application or revoke any such permit when it becomes reasonably necessary, in the opinion of the Manager, to do so in order to protect the health and safety of individuals or the public.

(6) An open burning permit issued hereunder may be revoked by the Manager for a violation of any provision contained herein or any other such provision or rule hereinafter adopted by the municipality for the purpose of protecting the public health and safety.

(7) The Manager shall report in writing to the Director of Environmental Protection of the State of Ohio the number of permits issued, renewed and revoked for the preceding calendar year, the first such report being due on January 31, 1992.

(d) Penalty. Whoever violates any of the provisions of this section, excluding division (c)(7) hereof, shall be guilty of a minor misdemeanor and shall be subject to the penalty provided in § 698.02.

(Ord. 91-O-1228, passed 4-2-1991)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

Hosted by: American Legal Publishing

Back to Code Library

Previous Doc

Next Doc