1931.02 DEFINITIONS.

         For the purposes of this chapter the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

         (a)    "Aircraft" means any contrivance now known or hereafter invented, used or designated for navigation or for flight in the air. The term shall include helicopters and lighter-than-air dirigibles and balloons.

         (b)    "Alley" means a street or highway intended to provide access to the rear or side of lots or buildings in urban districts and not intended for the purpose of through vehicular traffic, and includes any street or highway that has been declared an "alley" by the City.

         (c)    "Authorized Private Container" means a litter storage and collection receptacle as required and authorized in Chapter 973 of the Streets, Utilities and Public Services Code.

         (d)    "City" is the City of Hamilton, Ohio.

         (e)    "City Manager" or "Manager" means the City Manager of the City of Hamilton, and his or her authorized representative or designee.

         (f)   "Commercial Handbill" means any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature:

            (1)    Which advertises for sale any merchandise, product, commodity or thing; or

            (2)    Which directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales; or

            (3)    Which directs attention to or advertises any meeting, theatrical performance, exhibition or event of any kind, for which an admission fee is charged for the purpose of private gain or profit. But, the terms of this clause shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition or event of any kind, when either of the same is held, given or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order. However, nothing contained in this clause shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition or event of any kind, without a license, where such license is or may be required by any law of this State, or under any ordinance of this City; or

            (4)    Which, while containing reading matter other than advertising matter, is predominantly and essentially an advertisement, and is distributed or circulated for advertising purposes, or for the private benefit and gain of any person so engaged as advertiser or distributor.

   (g)    "Enclosed Structure" means a building with at least three (3) sides.

   (h)    "Garbage" means putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.

   (i)    "Litter" means "garbage", "refuse", and "rubbish", as defined herein, including peelings of vegetables or fruits, ashes, cans, bottles, wire, paper, cartons, boxes, parts of automobiles, wagons, furniture, glass, oil of an unsightly or unsanitary nature, and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger or nuisance to public health, safety and welfare.

   (j)    "Newspaper" means any newspaper of general circulation as defined by general law, any newspaper duly entered with the Post Office Department of the United States, in accordance with Federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law. In addition "newspaper" means and includes any periodical or current magazine regularly published with not less than four issues per year, and sold to the public.

      (k)    "Noncommercial Handbill" means any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature not included in the definitions of a "commercial handbill" or "newspaper" in this section.

   (l)    "Nonresidential Property" means a lot or tract of land or building or other structure or grounds which are used or intended to be used or which property's last active use was primarily for non-residential purposes.

   (m)    "Park" means a park, reservation, playground, beach, recreation center or any other public area in the City, owned or used by the City and devoted to active or passive recreation.

   (n)    "Person" means any individual, firm, partnership, association, corporation, company, or organization of any kind.

   (o)    "Public Container" means a dumpster, trash can, trash bin, garbage can, or similar container in which litter is deposited for removal.

   (p)    “Public Place" means any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.

   (q)    "Refuse" means all putrescible and non-putrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned or inoperative automobiles, appliances and equipment, and solid market and industrial wastes.

   (r)    "Residential Property" means any dwelling, house, building, multi-family structure, or other structure designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and includes, but is not limited to, any yard, grounds, walk, driveway, porch, steps, vestibule, or mailbox belonging or appurtenant to such dwelling, house building, or other structure.

   (s)    "Rubbish" means non-putrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.

          (t)   "Vehicle" means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks.

      (Ord. 2022-4-26. Passed 4-13-22; Ord. 2023-9-82. Passed 9-27-23.)