(a) As used in this section:
(1) "Junk" means old or scrap copper, brass, rope, rags, batteries, paper, rubber, lumber, pipe, used building materials and roofing, old scrap iron, steel or other ferrous or nonferrous materials, which are not held for sale or remelting purposes by a person customarily engaged in such business having facilities for processing such materials, and motor vehicle parts and motor vehicles that have no value except for salvage or junk purposes.
(2) "Garbage" means all putrescible wastes, except wastes of the human body and other water-carried wastes, and includes all vegetable and animal wastes resulting from the handling, preparation, cooking or consumption of food. A container that once contained food or liquid for human or animal consumption shall also be considered garbage.
(3) "Refuse" means ashes, crockery, bottles, cans, paper and other wood pulp products, boxes, rags, grass clippings and other cut vegetation, old or discarded clothing, bedding, mattresses, furniture, appliances, rubbish, stone, sand, dirt, nails, pieces of glass, oil and all other similar nonputrescible wastes, other than those included in the definition of garbage.
(Ord. 515. Passed 11-29-68.)
(b) No person shall erect, continue to use, or maintain a building, structure, or place for the exercise of a trade, employment, or business or for keeping or feeding 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.
(c) No person shall cause or allow offal, filth, or noisome substances to be collected or remain in any place to the damage or prejudice of others or of the public.
(d) No person shall unlawfully obstruct or impede the passage of a navigable river, harbor, or collection of water, or corrupt or render unwholesome or impure a watercourse, stream of water, or unlawfully divert such watercourse from its natural course or state to the injury or prejudice of others.
(e) Persons who are engaged in agriculture-related activities, as "agriculture" is defined in Ohio R.C. 519.01, and who are conducting those activities outside the Municipality, in accordance with generally accepted agricultural practices, and in such a manner so as not to have a substantial, adverse effect on the public health, safety, or welfare, are exempt from divisions (b) and (c) above and from any ordinances, resolutions, rules, or other enactments of the Municipality that prohibit excessive noise.
(ORC 3767.13) (Adopting Ordinance)
(f) No person shall create, permit or maintain a public nuisance. The following shall be deemed to constitute a public nuisance:
(1) The accumulation, storage or disposition of garbage or refuse in any manner other than as provided by the ordinances or health regulations of the Village;
(2) The accumulation or storage or junk at any place, except in a wholly enclosed building or structure, provided that this division shall not apply to a junk yard lawfully operated by one customarily engaged in and having facilities for processing junk.
(g) No person owning, occupying or otherwise having charge of or control of any property shall place or permit to be placed on such property any paper, dirt, ashes, cartons, boxes or scrap or waste material, unless such person takes reasonable steps to prevent such matter from being blown or carried onto any street, sidewalk, alley, park, public ground or property of another person.
(h) In addition to the penalty provided in division (i) hereof, the Mayor shall, after conviction of any offender and so long as the nuisance continues, cause written notice to abate such nuisance to be served upon the person convicted and the owner of the premises, if other than the person convicted. Such notice shall state the nature of the nuisance and the time, not less than fifteen days following service of the notice, within which the nuisance shall be abated. If, by the time stated, the nuisance has not been abated, the Mayor shall cause it to be abated and shall certify the cost thereof to the Clerk-Treasurer who shall demand payment for the cost from the person who created, permitted or maintained the nuisance. Such demand shall be in writing and shall contain a notice that a lawsuit will be commenced to recover the cost of abating the nuisance within fifteen days from the date of the demand for payment. If such payment is not forthcoming, within fifteen days from the date of the demand for payment, the Clerk-Treasurer shall notify the Village Solicitor to take all steps necessary, including commencing a lawsuit, to recover the cost of abating the nuisance from the person who created, permitted or maintained the nuisance.
(Ord. 515. Passed 11-29-68.)
(i) 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.