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Fairborn Overview
Codified Ordinances of Fairborn, OH
Codified Ordinances of Fairborn, Ohio
CERTIFICATION
ROSTER OF OFFICIALS
GENERAL INDEX
COMPARATIVE SECTION TABLE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
CHAPTER 501 General Provisions and Penalty
CHAPTER 503 Advertising, Billposting and Handbills
CHAPTER 505 Animals and Fowl
CHAPTER 507 Curfew
CHAPTER 509 Disorderly Conduct and Peace Disturbance
CHAPTER 513 Drug Abuse Control
CHAPTER 515 Fair Housing Practices
CHAPTER 517 Gambling
CHAPTER 521 Health, Safety and Sanitation
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 533 Obscenity and Sex Offenses
CHAPTER 537 Offenses Against Persons
CHAPTER 541 Property Offenses
CHAPTER 545 Theft and Fraud
CHAPTER 547 Trees, Weeds and Shrubs
CHAPTER 549 Weapons and Explosives
CHAPTER 551 Excessive Vehicle Noise
CHAPTER 553 Railroads
CHAPTER 559 Smoke Abatement
CHAPTER 561 Public Nuisance Abatement
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING AND HOUSING
PART FIFTEEN - FIRE PREVENTION CODE
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   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 the mentally ill 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; Ord. 34-96. Passed 7-1-96.)
   521.11 VANDALISM THREATENING THE PUBLIC WATER SUPPLY.
   (a)    No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, property or equipment which is a part of or used in conjunction with water facilities of the City and/or any other protected public water supply which results in a threat to the quality of the public water supply.
   (b)    A violation of this section shall constitute a minor misdemeanor punishable as provided in Section 1132.06 of the Codified Ordinances.
(Ord. 34-96. Passed 7-1-96.)
   521.12 OBSTRUCTING VISION AT DRIVEWAY INTERSECTIONS.
   (a)    There shall be no sight obstruction created or maintained at the intersection of a driveway and a street right-of-way line. A sight obstruction is defined as any tree, shrub, group of shrubs, hedge, fence, decorative or landscaping feature or similar item which obstructs the sight of pedestrians or motorists at the intersection in all the following ways:
      (1)    By being located closer than eight feet to the driveway and right-of-way intersection.
      (2)    By obscuring more than sixty percent (60%) of the line of sight through the object.
      (3)    By occupying a height of more than thirty inches and less than eight feet above the adjoining grade.
   (b)    Each day's violation of this section constitutes a separate offense.
   (c)    Whoever violates this section is guilty of a minor misdemeanor.
      (Ord. 34-96. Passed 7-1-96.)
   521.13 OBSTRUCTING VISION AT STREET INTERSECTIONS.
   (a)   No person shall construct, maintain or permit to remain any fence, wall, sign or other structure, or any bush, shrub, tree or other plant, or park any motor vehicle, on private property within fifty feet of the intersection of any street edge of pavement lines projected, or when in the opinion of the City Engineer a vehicular sight obstruction exists, which obstructs the vision of the intersection, at a height of more than three feet above the street grade nearest thereto.
   (b)   Each day’s violation of this section constitutes a separate offense.
   (c)   Whoever violates this section is guilty of a minor misdemeanor.
(Ord. 22-20. Passed 8-6-20.)
   521.14 DEPOSITING MUD ON CITY STREETS; FAILURE TO REMOVE.
   (a)   No person, firm or corporation, or any officer or agent thereof, shall place or cause to be deposited or placed, mud or similarly objectionable matter upon the City streets, whether done intentionally or otherwise.
   (b)   In the event that any mud or other objectionable matter is deposited or placed or caused to be deposited or placed, unintentionally upon the City streets, it shall be removed or caused to be removed within a reasonable time. In the event that such material is not removed on the same day it is deposited or placed on the streets, it shall be prima-facie evidence of a violation of this section.
   (c)   Whoever violates this section is guilty of a minor misdemeanor.
(Ord. 11-98. Passed 3-2-98.)
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