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(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))
(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 this section is guilty of a minor misdemeanor.
(a) No person shall place or knowingly drop upon any part of a sidewalk, playground or other public place 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.
(EDITOR'S NOTE: City Council declared a moratorium on the provisions of this division (c) for any restaurant or food service operation in the B-D Downtown Business District, to allow outdoor dining on a temporary basis commencing with the approval of Ordinance 2002-129, passed July 1, 2002, and terminating on November 1, 2002. Ordinance 2008-71, passed May 19, 2008, further extends the moratorium until November 1, 2008.)
(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. The affected area shall be rendered safe and free from danger.
(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 condition.
(Ord 74-174. Passed 6-17-74.)
(f) A permit is hereby authorized to be issued for a vendor-operated push cart, for ice cream., sandwiches, soft drinks and other similar items, to operate on the sidewalks in the downtown commons area, excluding the Ely Park area, which boundaries include Broad Street, Middle Avenue, Second Street and Court Street, from January 1 through December 31 of each year. Said permit is to be renewed annually and must comply with all licensing requirements of the Health Department.
(Ord. 95-159. Passed 7-10-95.)
(g) A permit is hereby authorized to be issued for outdoor dining in the Business-Downtown Zoning District, from April 1 through November 1 of each year. Said permit is to be renewed annually. The following application procedures and standards must be followed.
(1) Application process.
A. An applicant for an outdoor dining permit shall file an application with the Safety Service Director on such forms and subject of such procedures and fee(s) as the Director may establish.
B. Application shall include a plan with dimensions showing the layout for the outdoor dining area which accurately depicts the existing sidewalk conditions, including sidewalk width from the building face to curb; location and dimensions of tree wells, location of light posts, trash receptacles, and other sidewalk features or obstructions, as well as design, location, size and space of dining area, chairs, tables, fence/barriers, umbrellas, signage, lighting and other facilities to be located within the outdoor dining area, and such additional information as the Director may reasonably require.
C. The Director shall review the application to determine if the proposed outdoor dining application is reasonable, attractive and promotes pedestrian and retail activity while retaining adequate space within the public right-of-way to facilitate safe circulation of pedestrian traffic.
D. The Director will request review from the Building Inspector, City Engineer, Fire Department and Health Commissioner prior to approval.
E. The Director may approve, approve with conditions, or deny the application.
(2) Standards for outdoor dining.
A. The outside dining area shall be located adjacent to the property of an existing and lawfully operating restaurant.
B. The outside dining area is to be kept attractive and clean.
C. The outdoor dining area may be open to patrons from 6:00 a.m. to 1:00 a.m. daily.
D. No food preparation is permitted in the outside dining area.
E. Tents, banners, speakers and televisions are prohibited.
F. All improvements (furniture and fixtures) used in the outdoor dining area must be readily removable without damage to the surface of the right-of-way.
G. There shall be no penetration of the public sidewalk.
(h) Whoever violates this section is guilty of a minor misdemeanor.
(Ord. 2009-98. Passed 4-6-09; Ord. 2009-108. Passed 5-4-09.)
(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 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) No owner or occupant of lots or lands abutting any sidewalk, curb or gutter shall fail to keep the sidewalks, curbs and gutters in repair and free from snow, ice or any nuisance, and to remove from such sidewalks, curbs or gutters all snow and ice accumulated thereon within a reasonable time, which will ordinarily not exceed 12 hours after any storm during which the snow and ice has accumulated.
(ORC 723.011)
(b) Whoever violates this section is guilty of a minor misdemeanor.
(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 two strands of barbed wire on top of a fence other than a barbed wire fence, provided such strands are not less than forty-eight inches from the ground.
Barbed wire partition fences may be erected and maintained as provided in Ohio R.C. 971.03.
(c) Whoever violates this section is guilty of a minor misdemeanor.
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