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East Palestine Overview
East Palestine, OH Code of Ordinances
CODIFIED ORDINANCES OF EAST PALESTINE, OHIO
CERTIFICATION
DIRECTORY OF OFFICIALS
PRELIMINARY UNIT
CHARTER OF THE MUNICIPALITY OF EAST PALESTINE
PART TWO - ADMINISTRATION CODE
PART FOUR - TRAFFIC CODE
PART SIX - GENERAL OFFENSES CODE
PART EIGHT - BUSINESS REGULATION AND TAXATION CODE
PART TEN - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART TWELVE - PLANNING AND ZONING CODE
PART FOURTEEN - BUILDING AND HOUSING CODE
PART SIXTEEN - FIRE PREVENTION CODE
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   660.15   WATER POLLUTION.
   (a)   No person shall throw any filth, dirt, dead animal or carcass into, or in any other manner pollute, the water used in the waterworks of the City or any stream from which water is used by or in the waterworks, within the City or within twenty miles beyond the City limits.
(Adopting Ordinance)
   (b)   No person shall put any filth, shavings, dirt or substance into any plug, pipe, hydrant or reservoir or walk upon the turf around the reservoir or parks or grass plats planted around the pumping station, except those persons duly authorized to do so.
(Ord. 88. Passed 3-3-90.)
   (c)   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. The penalty shall be as provided in Section 698.02.
   660.16   DANGEROUS ABANDONED EXCAVATIONS OR BUILDINGS.
   (a)   (1)   No property owner, tenant or person having control of property within the City shall create or allow, directly or indirectly, dangerous conditions to exist on his premises.
      (2)   “Dangerous conditions,” as used in this section, means any open, unguarded or unprotected excavation or building which, when abandoned, left open or otherwise unprotected, will likely prove dangerous to life or limb; or any abandoned, open, uncovered or otherwise unprotected well, cesspool, cistern or catch basin.
(Ord. 1341. Passed 10-15-56.)
   (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. The penalty shall be as provided in Section 698.02.
   660.17   ELECTRICALLY CHARGED FENCE. (REPEALED)
   (EDITOR'S NOTE: Section 660.17 was repealed by Ordinance 19-92, passed September 14, 1992. See Chapter 1443 of the Building and Housing Code.)
   660.18   REMOVAL OF LANTERNS AND WARNING BARRICADES.
   (a)   The removal of red lanterns, barricades or other devices, placed on the streets and on public or private construction projects in the City as a warning or protection for the public, by persons unauthorized to remove the same, or the willful, careless or negligent destruction of the lanterns or barricades is hereby prohibited.
(Ord. 1341. Passed 10-15-56.)
   (b)   Whoever violates this section is guilty of a minor misdemeanor and shall be subject to the penalty provided in Section 698.02.
   660.19   TREES, WEEDS AND GRASS.
   (a)   The owner of every lot or parcel of land in the City upon which a tree, plant, grass or shrubbery stands or grows shall conform to the provisions of this division.
      (1)   The owner shall trim or cause to be trimmed the tree, plant or shrubbery so that a clear height of eight feet between the lowest branches of the same and the street or sidewalk is maintained.
      (2)   The owner shall trim or remove, as the case may require, every dead, decayed or broken tree, plant or shrubbery or part thereof, so that the same shall not fall to the street or sidewalk.
      (3)   The owner shall cut down and remove any tree, plant or shrubbery or any part thereof, as may be necessary to provide a clear and unobstructed view of traffic from all directions at any street intersection, or to abate any nuisance necessary to protect life, limb or property, of drivers of any vehicles or pedestrians.
      (4)   The owner shall not cause grass, leaves, trees, plants or shrubbery to fall into the street or onto the sidewalk.
   (b)   The owner, occupant or person having the charge or management of any lot or parcel of land situated within the City, whether the same is improved or unimproved, vacant or occupied, within five days written notice to do so, served upon him in conformity with Ohio R.C. 731.51, shall cut or destroy or cause to be cut or destroyed any noxious or poisonous weeds, vines or grass growing upon any such lot or parcel of land, and prevent the same from blooming, going to seed or exceeding a height of eight inches.
   (c)   Whenever any tree, plant or shrubbery, or part thereof, or weeds and grass are growing in any street, public place or upon private property contiguous to a street, sidewalk or public place, and are trimmed or removed by the Municipality then, after the work is done, the Municipality shall give five days notice, by regular mail, to the owner of the lot or parcel of land, at his last known address, to pay the cost of the trimming or removal of such vegetation, which notice shall be accompanied by a statement of the amount of cost incurred. In the event the same is not paid within thirty days after the mailing of the notice, then the amount shall be certified to the County Auditor for collection in the same manner as other taxes and assessments are collected. Such remedy shall be in addition to the penalty provided in division (d) of this section.
(Ord. 1341. Passed 10-15-56; Ord. 22-01. Passed 10-8-01; Ord. 24-04. Passed 11-22-04.)
   (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. The penalty shall be as provided in Section 698.02.
   660.20   JUNK AND JUNK VEHICLES.
   See Chapter 446; this section was formerly based on Ordinances 1799 (passed 5-15-74), and 1929 (passed 10-11-76).
   660.21   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)