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(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)
(a) For the purpose of this section, “smoking material” means any cigarette, cigar, pipe, weed, plant or other smoking equipment in any form, and “public place” means that portion of any enclosed or indoor area owned or leased by the municipality.
(b) (1) Possession of lighted smoking material in all public places owned or leased by the municipality is prohibited.
(2) Possession of lighted smoking material in all vehicles owned or leased by the municipality is prohibited.
(3) The Director of Public Safety shall erect or post signs that state “No Smoking” at all entranceways to all public places and at any other locations throughout the public places as is necessary.
(c) Whoever violates this section is guilty of a minor misdemeanor and shall be subject to the penalty provided in § 698.02.
(Ord. 97-O-1628, passed 10-21-1997)
(a) No person shall allow, suffer or permit water from any spouting, conduit, hydrant, drain or pipe to flow or empty upon the sidewalk abutting on real estate owned or occupied by him or her.
(b) The person owning or occupying real estate abutting on any sidewalk over or upon which water would flow from any accumulation upon such real estate shall construct underground watertight drains or conduits for the discharge of such water, such underground drain or conduit to be constructed so that the water from such real estate will be conveyed underneath the abutting sidewalk into the gutters and ditches in front of such real estate.
(Ord. passed 3-17-1904)
(c) Whoever violates this section is guilty of a minor misdemeanor and shall be subject to the penalty provided in § 698.02.
(1974 Code, § 521.10(c))
(a) No owner of any tree, awning, awning frame, sign or any other obstruction shall permit the boughs or limbs of such tree to overhang any sidewalk within nine feet therefrom, measuring perpendicularly from the grade line, or permit the awning, awning frame, sign or other obstruction to overhang any sidewalk within eight feet therefrom, measuring perpendicularly from the grade line.
(b) No owner of any tree shall permit the boughs or limbs of such tree to overhang any street within fifteen feet therefrom, measuring perpendicularly from the grade line.
(c) All trees, the boughs or lines of which overhang any sidewalk or street within the distances mentioned in divisions (a) and (b) hereof, shall be trimmed at least once each year, such trimming to be done in the month of September. Nothing in this division shall be construed to prevent the owner of trees referred to in divisions (a) and (b) hereof to trim the same at any time, but if not done at least once each year, in September, such trimming shall be done as set forth in division (d) hereof.
(d) If the owner of a tree fails to trim the same after ten days written notice by the Superintendent of Public Service, then such trimming shall be done by the Superintendent and the cost assessed against the owner of such tree. This remedy shall be in addition to the penalty provided in § 698.02.
(Ord. passed 8-8-2004)
(e) Whoever violates this section is guilty of a minor misdemeanor and shall be subject to the penalty provided in § 698.02.
(1974 Code, § 521.11(e))
(a) No person owning or having charge of land within the municipality shall fail to keep such property free and clear from all noxious weeds and rank vegetation that are a detriment to the health and welfare of the inhabitants of the municipality nor fail to cut all such weeds and vegetation on the lot owned or controlled by him or her when such weeds or vegetation reach a height of 12 inches.
(b) In addition to any other consequence or penalty provided by these Codified Ordinances for a violation of division (a) hereof, the municipality may, after ten days notice to the person owning or having charge of the subject land within the municipality and the subsequent failure of such person to comply with such notice, cut or otherwise remove such weeds and vegetation. The cost of such cutting or removal shall become the personal obligation of the property owner. Such cost shall be the total cost to the municipality of such cutting or removal, including the cost of notification, subject to a minimum service charge of one hundred fifty dollars ($150.00) for each such cutting or removal. The cost of such cutting or removal may be certified by the Manager to the appropriate County Auditor to be assessed against the subject real estate and thereby collected as other real estate taxes, or may be collected by any duly appointed collection agent or other agent acting on the municipality’s behalf as an outstanding debt owed to the municipality.
(c) The ten days notice required by division (b) hereof shall be given personally, by way of certified U.S. mail, return receipt requested, or by way of regular U.S. mail, to the owner or agent in charge of the subject real estate. However, where such service of notice is not reasonably practicable, service of notice may be by publication once in a newspaper of general circulation in the municipality. Such notice shall specify the subject real estate, the period of time in which such cutting or removal shall take place and the consequences of the failure to take such action within such time period.
(d) Whoever violates division (a) of this section is guilty of a minor misdemeanor and shall be subject to the penalty provided in Section 698.02. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues from and after the ten days notice set forth in this section.
(Ord. 88-O-1039, passed 6-21-1988; Ord. 16-O-2873, passed 7-19-2016)
(a) No person shall cause or allow any electrical lighting device or other source of illumination to be of such size, intensity, height or location upon any property zoned R-1, R-2 or R-3 Residential, so as to shine on or illuminate any adjoining property zoned R-1, R-2 or R-3 Residential in an unreasonable manner.
(b) Upon the filing of a written complaint by any interested person requesting an inspection of any such light, the Manager or someone appointed by him or her shall make such inspection and may order the removal, relocation, extinguishment or shielding of such light within a specified period of time, not to exceed thirty days, by letter directed to the person causing or allowing such light.
(c) Whoever fails to remove, relocate, extinguish or shield any such light in accordance with the order of the Manager as specified in division (b) hereof, is guilty of a minor misdemeanor, and shall be subject to the penalty provided in § 698.02.
(Ord. 73-O-35, passed 6-19-1973)
(a) Authority. This section is enacted under the authority of Ohio R.C. 3745.13 - Costs of dealing with unauthorized spill, releases or discharge.
(b) Purpose. In order to protect the city from incurring extraordinary expenses from the utilization of the Fire Department's resources and other municipal governed agencies to respond to an incident involving hazardous materials, the city authorizes the imposition of charges to cover reasonable and actual costs incurred by it in responding to calls for assistance in connection with a hazardous materials release.
(c) Definitions. The following terms or phrases shall be defined to mean:
(1) CLEANUP. The management, control, containment, recovery, removal or neutralization of any released hazardous material for the purpose of promoting or protecting public health or safety.
(2) EMERGENCY RESPONSE. Any response by the Fire Department, Police Department, Street/Road Department, Water/Sewage Department or other local governmental agency, or other entity operating at the request of the Fire Department to any call for assistance from any person, property owner, governmental agency, emergency service provider, or other entity.
(3) FIRE CHIEF'S AUTHORITY. The chief operational officer of the Fire Department or in his absence the senior fire officer in charge at the scene of a hazardous materials incident per the authority of Ohio R.C. 3737.80 - Chief of fire department responsible for primary coordination in emergency situation.
(4) HAZARDOUS SUBSTANCE OR MATERIALS. Includes but is not limited to, a chemical that is combustible liquid, flammable gas, an explosive, a flammable and organic peroxide, an oxidizer, a pyrophoric, an unstable reactive or water reactive substance, petroleum and/or petroleum by-products, a flammable solid, a poisonous or infectious material, a radioactive material, a corrosive, or any other material that may be defined as hazardous by the U.S. Department of Transportation in Title 49 of the Code of Federal Regulations or by any hazardous materials laws of the State of Ohio.
(5) RELEASE. The accidental or intentional, sudden or gradual spilling, leaking, dumping, or disposing into the environment (including the abandonment or discarding of barrels, containers and other receptacles containing any hazardous material or substance or waste or pollutant or contaminant) whether such release occurs from a fixed facility or while the materials are being transported.
(6) RESPONSIBLE PARTY. Any individual, firm, facility, corporation, association, partnership, commercial entity, consortium, joint venture, government entity, motor carrier, railroad, aircraft, or other transportation conveyance material, either actual or threatened, or as an owner, tenant, occupant, or a party in control of property onto which or from which a hazardous material is released or the owner, possessor or party in control of property onto which or from which a hazardous material is released or the owner, possessor or party in control of the hazardous substance immediately prior to said release.
(d) Duty to report. Any person who causes or has knowledge of any discharge or release of hazardous materials from their safe container, in any manner which poses an actual or potential threat to people, animals, wildlife, vegetation, property, or the environment, shall immediately report the incident to the Fire Department.
(e) Cleanup. The user or transporter of a hazardous material which is intentionally or accidentally discharged or released within the city shall, in addition to reporting the accident as required in division (d) of this section, shall take immediate action to cause the discharge or release to be cleaned up in an environmentally safe and scientifically sound manner, and to restore the incident site and surrounding environment to the best of it's original state. The responsible party of an intentionally or accidentally discharged or released hazardous materials incident within the city, shall take full financial responsibility for all costs associated with the clean up of this incident.
(f) Cost recovery of expenses.
(1) Those persons or entities whose actions cause or create, in whole or in part, a hazardous materials emergency within the boundaries of the city are financially liable to the city for all costs and expenses incurred in or arising from response to such hazardous materials emergency by the city and any other political subdivision, agency, or cooperative entity. The city shall have all rights under the law to recover all such costs and expenses, including reasonable attorneys fees, litigation expenses and court costs incurred in, related to or arising out of, all cost recovery efforts and enforcement of the terms of this section.
(2) In the event that personnel and equipment from other emergency responders, political subdivisions, government entities, specialized agencies or cooperative entities that are requested to respond to assist with the hazardous materials emergency, then the city shall make every effort to document their operational expenses and include them on the city cost recovery billing to the responsible party.
(3) All costs and expenses incurred by the emergency response to the hazardous materials incident are to be billed at the current rate established and approved by resolution of the Columbiana County Fire Chiefs Association in co-operation with the Columbiana County Emergency Management Association and the Columbiana County Local Emergency Planning Committee who serve as the hazardous materials billing agency for Columbiana County. By option of the fire department whose jurisdiction the hazardous materials incident has occurred, the Columbiana County Hazardous Materials billing agency may be utilized. Submission of all cost recovery expenses must be submitted within 14 days of the incident.
(4) Upon recovery of costs and expenses from the responsible party, the city or billing agency is authorized to reimburse such other emergency responder, political subdivisions, government entities, specialized agencies or cooperative entities for their actual costs incurred in responding to the hazardous materials emergency.
(g) Action to recover costs. In the event the responsible party fails or refuses to pay any or all of the costs and expenses determined by the city related to or arising out of the response to the hazardous materials emergency within 30 days after the assessment or after the governing body decision on an appeal, the city may initiate a legal action to recover such costs, including reasonable attorney's fees and costs. Nothing herein shall be construed to limit any other rights or actions, legal or otherwise, to which the city may otherwise be entitled due to a hazardous materials emergency.
(Res. 09-R-387, passed 4-7-2009)