(a) Definitions. As used in this chapter, the following words shall mean:
(1) "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 foods. Any containers that have contained food or liquids for consumption by humans or other beings also shall be classified as garbage.
(2) "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 for remelting purposes by a person customarily engaged in such business having facilities for processing such materials.
(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.
(4) "Trash" means broken, discarded, or worthless things; rubbish; refuse; parts that have been broken off or stripped off, especially leaves, twigs, husks, and other plant trimmings.
(5) "Rubbish" means any materials rejected or thrown away as worthless; trash; refuse; useless fragments of stone or other debris left over in building or from ruined buildings.
(6) "Junk motor vehicle" means an apparently inoperable vehicle; or an unlicensed or not currently licensed vehicle; or a dismantled, partly dismantled or wrecked vehicle, or parts thereof; or any vehicle having a fair market value of one hundred dollars ($100.00) or less.
(7) "Collector's vehicle" means any motor vehicle or agricultural tractor or traction engine of special interest having a fair market value of one hundred dollars ($100.00) or more, whether operable or not, that is owned, operated, collected, perserved, restored, maintained or used essentially as a collector's item, leisure pursuit or investment, but not as the owner's principal means of transportation. This definition includes any historical motor vehicle which is one that is over twenty-five years old, and is owned solely as a collector's item and for participation in club activities, exhibitions, tours, parades, and similar uses, but in no event to be used for general transportation.
(Ord. 56-87. Passed 9-8-87.)
(b) Public Nuisances-Enumerated; Prohibited. 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 a manner other than as provided by this Code or other ordinances or health regulations of the City.
(2) The accumulation or storage of junk at any place except in a wholly enclosed building or structure, provided, however, that this subsection shall not apply to a junkyard or scrap metal processing facility licensed under the authority of Ohio R.C. 4737.05 to 4737.12 or as amended.
(3) The accumulation or storage of a junk motor vehicle or vehicles except in a wholly enclosed building or structure and further excepting that this subsection shall not apply to a junkyard or scrap metal processing facility licensed under authority of Ohio R.C. 4737.05 to 4737.12 or as amended; or if the motor vehicle is a collector's vehicle.
(Ord. 18-71. Passed 4-19-71; Ord. 30-79. Passed 5-21-79.)
(4) A. All material defined in Section 521.08(a)(1) as “Garbage,” must be placed in approved garbage containers as defined in following paragraph and cannot be stored outside a premises or establishment for more than seven days. Items defined as “Junk, Refuse, Trash and Rubbish” cannot be stored outside for more than seven days and must be neatly stacked or placed in structurally stable containers in a manner preventing displacement by weather, animals or uncontrolled activities.
B. The size of individual garbage containers may not exceed one-half cubic yard (96 gallons) for single-family dwellings. Multiple- family dwellings and commercial establishments may utilize containers larger than one cubic yard. All containers must have covers and be properly maintained. Single-family residences may, once per year for a period not to exceed thirty days, utilize containers larger than one cubic yard for the purpose of removing construction material, yard waste or other refuse. An extension to the thirty-day period may be granted by the Building and Zoning Department for reasons such as delay caused by weather or unexpected construction conditions.
(Ord. 27-2008. Passed 5-19-08.)
(c) Inspection; Right of Entry. For the purpose of enforcing the provisions of this section, the Chief of the Division of Building and Zoning Inspection, or any person designated by him, is authorized and empowered at any reasonable time to enter upon and inspect any premises or property when he has reasonable cause to believe that a public nuisance as defined in this chapter exists.
(d) Collector's Vehicle. Any unlicensed or not currently licensed collector's vehicle stored in the open with the permission of the person having the right to the possession of the property shall conceal such vehicle by means of buildings, fences, vegetation, terrain or other suitable obstruction.
(e) Abatement.
(1) The Division of Building and Zoning Inspection may abate a nuisance as defined in this section by giving notice, either in person or by certified mail, return receipt requested, to the person having the right of possession of the property on which garbage, junk, refuse or a junk motor vehicle is left, that within ten days of receipt of the notice, the garbage, junk, refuse or the junk motor vehicle either shall be covered by being housed in a garage or other suitable structure, or shall be removed from the property.
(2) No person shall willfully leave garbage, junk, refuse or a junk motor vehicle uncovered in the open for more than ten days after receipt of a notice as provided in this section. The fact that garbage, junk, refuse or a junk motor vehicle is so left is a prima facie evidence of willful failure to comply with the notice and each subsequent period of thirty days that garbage, junk, refuse or a junk motor vehicle continues to be so left constitutes a separate offense.
(f) Littering; Deposits Prohibited.
(1) No person shall, without lawful authority, place or dispose of in any manner, upon any public property or upon the premises of another, any paper, trash, garbage, waste, rubbish, refuse, junk or any substance or material which is or may become noxious, offensive, injurious or dangerous to the public health, comfort or safety.
(2) No person shall cause or allow trash, garbage, waste, rubbish, refuse or any other noxious or offensive materials or substances to be collected or remain in any place to the damage or prejudice of others of the public or unlawfully obstruct, impede, divert, corrupt or render unwholesome or impure any natural watercourse.
(Ord. 30-79. Passed 5-21-79.)
(3) No person shall cause or allow grass or leaves to be collected or remain in place in or upon a highway, lane, road or street. Grass clippings and leaves are not to be discharged in or upon a highway, lane, road or street, unless it is cleaned-up/removed afterwards.
(Ord. 57-2004. Passed 8-2-04.)
(g) Spillage Prohibited. It hereby is declared a nuisance, and no person shall transport in any vehicle of any kind, rubbish, garbage, refuse or trash of any kind unless such vehicle shall be properly equipped with a cover, lid, tarpaulin or enclosure designed effectively to prevent such transported materials from spilling or falling from such vehicle upon the public streets and highways.
(Ord. 57-87. Passed 9-8-87.)
(h) Penalty.
(1) Whoever violates subsection (f) and (g) hereof is guilty of a misdemeanor of the fourth degree on a first offense; on a second offense, such person is guilty of a misdemeanor of the third degree; on each subsequent offense, such person is guilty of a misdemeanor of the second degree.
(2) Whoever violates any other of the provisions of this section is guilty of a minor misdemeanor on a first offense; on a second offense, such person is guilty of a misdemeanor of the fourth degree; on each subsequent offense, such person is guilty of a misdemeanor of the third degree.
(3) In addition to the penalties provided in subsection (h)(1) and (2) hereof following conviction, and while the nuisance continues, the Division of Building and Zoning Inspection may cause written notice to abate such public nuisance to be served either in person or by certified mail return receipt requested upon the person convicted and the owner of the premises, if other than the persons convicted. The notice shall state the nature of the public nuisance and the time, not less than fifteen days following service of the notice, within which the public nuisance shall be abated. If, by the time stated, the public nuisance has not been abated, the Division of Building and Zoning Inspection may cause it to be abated and, if abated, forward the cost to the Licking County Auditor for addition to the tax duplicate, or, in the case of vehicles, instruct the Heath Police Department to impound the vehicle(s) and be reimbursed for fees either through arrangements with the owner or public auction. Such demand shall be in writing and shall contain a notice that a lawsuit may be commenced to recover the cost of abating the nuisance after 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 City Auditor shall notify the Law Director of the steps taken to recover the costs of abating the nuisance, from the person who created, permitted or maintained the public nuisance.
(Ord. 30-79. Passed 5-21-79; Ord. 60-83. Passed 6-6-83; Ord. 92-2007. Passed 11-5-07.)