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Columbiana Overview
Columbiana, OH Code of Ordinances
COLUMBIANA, OHIO CODE OF ORDINANCES
CHARTER OF THE CITY OF COLUMBIANA, OHIO
PART TWO: ADMINISTRATION CODE
PART FOUR: TRAFFIC CODE
PART SIX: GENERAL OFFENSES
PART EIGHT: BUSINESS REGULATION AND TAXATION CODE
PART TEN: STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART TWELVE: PLANNING AND ZONING
PART FOURTEEN: BUILDING AND HOUSING CODE
PART SIXTEEN: FIRE PREVENTION CODE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 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.
   (c)   Permits.
      (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)
§ 660.09 BARRICADES AND WARNING LIGHTS.
   (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 any of the provisions of this section is guilty of a minor misdemeanor. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
§ 660.10 SIDEWALK OBSTRUCTIONS; DAMAGE OR INJURY.
   (a)   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 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 case shall the obstruction remain on such sidewalk for more than one hour. Provided, that tables and chairs to be used by patrons of a food service establishment may be placed upon the sidewalk abutting such establishment with the written permission of the Planning Commission and subject to such limitations or conditions as the Planning Commission may impose upon the owner or operator of such establishment, in which case such tables and chairs shall not be deemed obstructions to pedestrian traffic.
   (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.
   (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 conditions.
   (f)   Whoever violates any of the provisions of this section is guilty of a minor misdemeanor. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(Ord. 03-O-2046, passed 7-25-2003)
§ 660.11 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. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
§ 660.12 FENCES.
   (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 division (b) does not prevent the placement and use of not more than two strands of barbed wire on top of a fence other than a barbed wire fence, provided such strands are not less than 48 inches from the ground.
   (c)   Barbed wire partition fences may be erected and maintained as provided in Ohio R.C. 971.03.
   (d)   Whoever violates any of the provisions of this section is guilty of a minor misdemeanor. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
§ 660.13 SMOKING IN PLACES OF PUBLIC ASSEMBLY.
   (a)   As used in this section, “place of public assembly” means:
      (1)   Enclosed theaters, except the lobby; opera houses; auditoriums; classrooms; elevators; rooms in which persons are confined as a matter of health care, including but not limited to a hospital room and a room in a residential care facility serving as the residence of a person living in such residential care facility.
      (2)   All buildings and other enclosed structures owned by the state, its agencies, or political subdivisions, including but not limited to hospitals and state institutions for persons with mental illnesses and persons with intellectual disabilities; university and college buildings, except rooms within those buildings used primarily as the residences of students or other persons affiliated with the university or college; office buildings; libraries; museums; and vehicles used in public transportation. That portion of a building or other enclosed structure that is owned by the state, a state agency or a political subdivision, and that is used primarily as a food service establishment, is not a place of public assembly.
      (3)   Each portion of a building or enclosed structure that is not included in division (a)(1) or (a)(2) of this section is a place of public assembly if it has a seating capacity of 50 or more persons and is available to the public. Restaurants, food service establishments, dining rooms, cafes, cafeterias, or other rooms used primarily for the service of food, as well as bowling alleys and places licensed by the Ohio Division of Liquor Control to sell intoxicating beverages for consumption on the premises, are not places of public assembly.
   (b)   For the purpose of separating persons who smoke from persons who do not smoke for the comfort and health of persons not smoking, in every place of public assembly there shall be an area where smoking is not permitted, which shall be designated a no smoking area, provided that not more than one-half of the rooms in any health care facility in which persons are confined as a matter of health care may be designated as smoking areas in their entirety. The designation shall be made before the place of public assembly is made available to the public. In places included in division (a)(1) of this section, the local fire authority having jurisdiction shall designate the no smoking area. In places included in division (a)(2) of this section that are owned by the state or its agencies, the Ohio Director of Administrative Services shall designate the area, and if the place is owned by a political subdivision, its legislative authority shall designate an officer who shall designate the area. In places included in division (a)(3) of this section, the person having control of the operations of the place of public assembly shall designate the no smoking area. In places included in division (a)(2) of this section which are also included in division (a)(1) of this section, the officer who has authority to designate the area in places in division (a)(2) of this section shall designate the no smoking area. A no smoking area may include the entire place of public assembly. Designations shall be made by the placement of signs that are clearly visible and that state “no smoking.” No person shall remove signs from areas designated as no smoking areas.
   (c)   This section does not affect or modify the prohibition contained in Ohio R.C. 3313.751(B).
   (d)   No person shall smoke in any area designated as a no smoking area in accordance with division (b) of this section.
   (e)   Whoever violates this section is guilty of a minor misdemeanor.
(ORC 3791.031)
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