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Delta Overview
Codified Ordinances of Delta, OH
CODIFIED ORDINANCES OF DELTA, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 00-09
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
CHARTER OF THE VILLAGE
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
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521.07 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 subsection (b) does not prevent the placement and use of not more than three strands of barbed wire on top of a fence other than a barbed wire fence, provided such strands are not less than seventy-two inches from the ground.
   (c)   Whoever violates this section is guilty of a minor misdemeanor.
521.08 LITTERING AND DEPOSIT OF GARBAGE, RUBBISH, JUNK, ETC.
   (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 the person, or in or on waters of the State, or Municipality, 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 subsection (b) hereof, 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 the person, 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 the person 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 subsection (b)(1) hereof, "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 subsection (b)(4) hereof, "casual passerby" means a person who does not have depositing litter in a litter receptacle as the person’s primary reason for traveling to or by the property on which the litter receptacle is located.
   (d)    As used in this section:
      (1)   “Auxiliary container” means 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” means to throw, drop, discard, or place.
      (3)   “Litter” includes 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” means a dumpster, trash can, trash bin, garbage can, or similar container in which litter is deposited for removal.
         (ORC 3767.32)
   (e)   No person shall cause or allow litter to be collected or remain in any place to the damage or prejudice of others or of the public, or unlawfully obstruct, impede, divert, corrupt or render unwholesome or impure, any natural watercourse.
   (f)   Whoever violates any provision of subsections (a) to (d) hereof, is guilty of a misdemeanor of the third degree. The sentencing court may, in addition to or in lieu of the penalty provided in this subsection require a person who violates subsections (a) to (d) hereof to remove litter from any public or private property, or in or on any waters.
(ORC 3767.99(C))
   (g)   Whoever violates subsection (e) hereof is guilty of a minor misdemeanor.
521.09 NOXIOUS OR OFFENSIVE ODORS.
   (a)   No person shall erect, continue, use or maintain a dwelling, building, structure or place for a residence or for the exercise of a trade, employment or business, or for the keeping or feeding of 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.
(ORC 3767.13)
   (b)   Whoever violates this section is guilty of a misdemeanor of the third degree.
521.10 NONSMOKING AREAS 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 rest home serving as the residence of a person living in such rest home;
      (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 illness 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 subsection (a)(1) or (2) hereof is a place of public assembly if it has a seating capacity of fifty 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 Department 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, no 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 subsection (a)(1) hereof the local fire authority having jurisdiction shall designate no smoking area. In places included in subsection (a)(2) hereof that are owned by the Municipality, Council shall designate an officer who shall designate the area. In places included in subsection (a)(3) hereof, the person having control of the operations of the place of public assembly shall designate the no smoking area. In places included in subsection (a)(2) hereof which are also included in subsection (a)(1) hereof, the officer who has authority to designate the area in places in subsection (a)(2) hereof 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 subsection (b) hereof or Ohio R.C. 3791.031.
   (e)   Whoever violates this section is guilty of a minor misdemeanor.
(ORC 3791.031)
521.11 POSSESSION OF TOBACCO BY MINORS PROHIBITED.
   (a)   Definitions.
      (1)   “Cigarettes” includes any roll for smoking made wholly or in part of tobacco, irrespective of size or shape, and whether or not such tobacco is flavored, adulterated or mixed with any other ingredient, the wrapper or cover of which is made of paper, reconstituted cigarette tobacco, homogenized cigarette tobacco, cigarette tobacco sheet or any similar materials.
      (2)   “Tobacco products” includes the proceeds, yield or final form of anything made up wholly or in part of the genus of the plant known as “nicotiana”. Such products include but are not limited to cigar, pipe tobacco, chewing tobacco and snuff.
      (3)   “Sale” includes delivery, barter, exchange, transfer or gift, or offer thereof and each such transaction made by any person, whether as a principal, proprietor, agent, servant or employee.
      (4)   “Possess” or “possession” means having control over a thing or substance, but may not be inferred solely from mere access to the thing or substance through ownership or occupation of the premises upon which the thing or substance is found.
   (b)   Sale to Minors Prohibited: Possession and use Prohibited.
      (1)   No manufacturer, producer, distributor, wholesaler or retailer of cigarettes or other tobacco products, or any agent, employee or representative of a manufacturer, producer, distributor wholesaler or retailer of cigarettes or other tobacco products shall do any of the following:
         A.   Give, sell, or otherwise distribute cigarettes or other tobacco products to any person under eighteen years of age.
         B.   Give away, sell or distribute cigarettes or other tobacco products in any place that does not have posted in a conspicuous place a sign stating that giving, selling or otherwise distributing cigarettes or other products to a person under eighteen years of age is prohibited by law.
      (2)   No person shall sell, give away or provide cigarettes or other tobacco products to, or buy these products for, any person under the age of eighteen years.
      (3)   No person under the age of eighteen years shall purchase, possess or use cigarettes or other tobacco products.
      (4)   No person under the age of eighteen years shall order, pay for, share the cost of or attempt to purchase cigarettes or any other tobacco product.
      (5)   No person under the age of eighteen years shall knowingly show or give false information concerning his name, age, or other identification for the purpose of purchasing or otherwise obtained cigarettes or other tobacco products in any place in the Village where cigarettes or other tobacco products are sold.
      (6)   No person shall knowingly furnish any false information as to the name, age or other identification of any person under eighteen years of age for the purpose of obtaining, or with the intent to obtain, cigarettes or other tobacco products for a person under eighteen years of age, by purchase or as a gift.
   (c)   Sales From Vending Machines.  
      (1)   No person shall sell or offer to sell cigarettes or other tobacco products by or from a vending machine except in the following locations:
         A.   An area either:
            1.   Within a factory, business, office or other place not open to the general public; or
            2.   To which persons under the age of eighteen years are not generally permitted access;
         B.   In any other place not identified in subsection (c)(1)A. hereof, upon all of the following conditions:
            1.   The vending machine is located within the immediate vicinity, plain view and control of the person who owns or operates the place, or an employee of such person, so that all cigarettes and other tobacco product purchases from the vending machine will be readily observed by the person who owns or operates the place or an employee of such person. For the purpose of this section, a vending machine located in any unmonitored area, including an unmonitored coatroom, restroom, hallway or outer waiting area, shall not be considered located within the immediate vicinity, plain view and control of the person who owns or operates the place, or an employee of such person.
            2.   The vending machine is inaccessible to the public when the place is closed.
      (2)   As used in this section, “vending machine” has the same meaning as “coin machine” as defined in Section 545.01.
   (d)   Posting Age Warning Signs. Every person in control of any place within the City where cigarettes or other tobacco products are sold, whether by a person or by a vending machine, shall display at all times, in a prominent place on the premises thereof, or in a prominent place on such cigarette or other tobacco product vending machine, a printed sign which shall read substantially as follows:
“WARNING TO PERSONS UNDER AGE
   If you are under the age of eighteen and if you order, pay for, share the cost of, attempt to purchase, possess or use any cigarettes or other tobacco products, or if you furnish false information as to your name, age or other identification, you are subject to punishment in the Juvenile Court of Fulton County, Ohio.”
   (e)   Responsibility of Owner, Lessee, Agent, or Employee. No owner or lessee of a building or premises, no owner or lessee of a cigarette or other tobacco products vending machine, or their employees or agents shall knowingly allow or permit cigarettes or other tobacco products to be sold, distributed or given away in violation of the provisions of this section.
   (f)   Immunity. No person may be found guilty of violation of the provisions of this section where age is an element of the offense, if any court determines that the individual buying, at the time of so doing, exhibited to the aforesaid person, his agent or employee, a driver’s license or commercial driver’s license showing that such individual was then of legal age to buy cigarettes or other tobacco products and if such person made a bona fide effort to ascertain the true age of the individual buying by checking the identification presented at the time of purchase; to ascertain that the description of the identification presented compared with the visual description of the buyer and the identification presented had not been altered in any way and if the aforesaid person had reason to believe that the individual buying was of legal age.
   (g)   Penalty. Whoever violates any provision of this section is guilty of a misdemeanor of the fourth degree. Whoever has been previously convicted of a violation of this section or of Ohio R.C. 2927.02 shall be guilty of a misdemeanor of the third degree.
(Res. 99-7. Passed 10-18-99.)
521.12 SMOKING IN VILLAGE BUILDINGS AND VEHICLES PROHIBITED.
   (a)   Definitions. As used in this section, certain terms are defined as follows:
      (1)   “Smoking material” means any cigar, cigarette, pipe, weed, plant or other smoking equipment in any form.
      (2)   “Smoking” means the combustion of tobacco or tobacco products in any form, including cigarette tobacco, pipe tobacco, cigar tobacco and all other types and forms of tobacco products.
      (3)   “Village property” means any enclosed area of any building, structure, vehicle or other enclosed space owned, leased, or otherwise operated by the Village, wheresoever such property may be located.
      (4)   “Sign” means legible, English lettering on a contrasting background to clearly indicate that smoking is not permitted and to provide related information. The international “NO SMOKING” symbol, consisting of a pictorial representation of a burning cigarette enclosed with a red circle with a red bar across it, may be used in, substituted for, a sign indicating that smoking is prohibited. A sign shall be of sufficient size to be clearly legible to one of normal vision throughout the area it is intended to mark.
   (b)   No person, including any member of the public or employee of the Village, shall cause to occur the combustion of a tobacco product in any building, structure, vehicle, office, room or other enclosed area owned, leased or otherwise operated by the Village.
   (c)   Signs indicating that smoking is not permitted shall be clearly, sufficiently and conspicuously posted on all Village property as defined in this section where smoking is regulated pursuant to this section in such a manner as to give adequate notice to members of the general public.
   (d)   This section shall not be interpreted or construed to permit smoking where it is otherwise restricted by law, nor to relieve any proprietor, employer or other responsible party from any liability resulting from exposure to tobacco smoke.
   (e)   Whoever violates any provision of this section is guilty of a minor misdemeanor. Each day on which a violation of any provision occurs is a separate and distinct offense and shall be punishable as such. (Ord. 01-14. Passed 5-21-01.)
521.13 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))
 
521.99 PENALTY.
   (EDITOR'S NOTE: See Section 501.99 for penalties applicable to any misdemeanor classification.)