Loading...
(a) No person, regardless of intent, shall deposit litter or cause litter to be deposited on any public property, on private property not owned by the person, or in or on waters of the State, or Municipality, unless one of the following applies:
(1) The person is directed to do so by a public official as part of a litter collection drive;
(2) Except as provided in subsection (b) hereof, the person deposits the litter in a litter receptacle in a manner that prevents its being carried away by the elements;
(3) The person is issued a permit or license covering the litter pursuant to Ohio R. C. Chapter 3734 or 6111.
(b) No person, without privilege to do so, shall knowingly deposit litter, or cause it to be deposited, in a litter receptacle located on any public property or on any private property not owned by the person, unless one of the following applies:
(1) The litter was generated or located on the property on which the litter receptacle is located.
(2) The person is directed to do so by a public official as part of a litter collection drive.
(3) The person is directed to do so by a person whom the person reasonably believes to have the privilege to use the litter receptacle.
(4) The litter consists of any of the following:
A. The contents of a litter bag or container of a type and size customarily carried and used in a motor vehicle;
B. The contents of an ash tray of a type customarily installed or carried and used in a motor vehicle;
C. Beverage containers and food sacks, wrappings and containers of a type and in an amount that reasonably may be expected to be generated during routine commuting or business or recreational travel by a motor vehicle;
D. Beverage containers, food sacks, wrappings, containers and other materials of a type and in an amount that reasonably may be expected to be generated during a routine day by a person and deposited in a litter receptacle by a casual passerby.
(c) (1) As used in subsection (b)(1) hereof, "public property" includes any private property open to the public for the conduct of business, the provision of a service, or upon the payment of a fee but does not include any private property to which the public otherwise does not have a right of access.
(2) As used in subsection (b)(4) hereof, "casual passerby" means a person who does not have depositing litter in a litter receptacle as the person’s primary reason for traveling to or by the property on which the litter receptacle is located.
(d) As used in this section:
(1) “Auxiliary container” means a bag, can, cup, food or beverage service item, container, keg, bottle, or other packaging to which all of the following apply:
A. It is designed to be either single use or reusable.
B. It is made of cloth, paper, plastic, foamed or expanded plastic, cardboard, corrugated material, aluminum, metal, glass, postconsumer recycled material, or similar materials or substances, including coated, laminated, or multilayered substrates.
C. It is designed for consuming, transporting, or protecting merchandise, food, or beverages from or at a food service operation, retail food establishment, grocery, or any other type of retail, manufacturing, or distribution establishment.
(2) “Deposit” means to throw, drop, discard, or place.
(3) “Litter” includes garbage, trash, waste, rubbish, ashes, cans, bottles, wire, paper, cartons, boxes, automobile parts, furniture, glass, auxiliary containers, or anything else of an unsightly or unsanitary nature.
(4) “Litter receptacle” means a dumpster, trash can, trash bin, garbage can, or similar container in which litter is deposited for removal.
(ORC 3767.32)
(e) No person shall cause or allow litter to be collected or remain in any place to the damage or prejudice of others or of the public, or unlawfully obstruct, impede, divert, corrupt or render unwholesome or impure, any natural watercourse.
(f) Whoever violates any provision of subsections (a) to (d) hereof, is guilty of a misdemeanor of the third degree. The sentencing court may, in addition to or in lieu of the penalty provided in this subsection require a person who violates subsections (a) to (d) hereof to remove litter from any public or private property, or in or on any waters.
(ORC 3767.99(C))
(g) Whoever violates subsection (e) hereof is guilty of a minor misdemeanor.
(a) No person shall erect, continue, use or maintain a dwelling, building, structure or place for a residence or for the exercise of a trade, employment or business, or for the keeping or feeding of 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.
(ORC 3767.13)
(b) Whoever violates this section is guilty of a misdemeanor of the third degree.
(a) No person shall sweep, shovel or pile or cause to be swept, shoveled or piled, any snow, ice, leaves, branches, twigs, brush, grass or other waste upon any of the streets, avenues, alleys, sidewalks or other public ways of the City.
(b) Whoever violates this section is guilty of a minor misdemeanor.
(Ord. 1962-20. Passed 7-23-62.)
(a) No person shall drive, propel, haul or convey over, upon or along any paved street, avenue or alley, any wheeled vehicle having cogs, spikes or other metallic substance upon the outside rim or tires or any of the wheels, nor shall any person drive, propel, haul or convey over, upon or along any street, avenue or alley that is oiled or paved with blacktop or macadam, any wheeled vehicle having iron rims or tires.
(b) Whoever violates this section is guilty of a minor misdemeanor.
(Ord. 1962-20. Passed 7-23-62.)
(a) No person shall swim in the waters immediately abutting any publicly owned property in the City, except in those areas located off West Beach, Lake Front Park and Nickel Plate Park designated as swimming areas.
No person shall walk, dive or jump from any public property into the water where swimming is prohibited.
(b) Whoever violates this section is guilty of a minor misdemeanor.
(Ord. 2008-1. Passed 1-8-08.)
(a) No person shall operate a vehicle with mud, dirt or debris on its wheels and other parts on any public street if such operation results in depositing or tracking mud, dirt or debris on the street or sidewalks.
(b) No owner of real property or a contractor in charge of a construction site shall maintain such property or construction site so that vehicles upon such property or construction site, pick up mud, dirt or debris on their wheels or other parts and deposit or track such mud, dirt or debris onto the street or sidewalks.
(c) In the event the operator, owner or contractor causes or permits the littering of streets or sidewalks with mud, dirt or debris, such person shall clean and/or remove such debris at the close of each working day. If the violator fails to remove or is unable to remove such materials, then such cleaning service shall be rendered by the Service Department at the prevailing current hourly rates of its equipment and personnel. The Service Department, through the Service Director, shall render the bill for such services to the violator.
(Ord. 1974-27. Passed 5-28-74.)
(d) Whoever violates any provision of this section is guilty of a minor misdemeanor.
(Ord. 1962-20. Passed 7-23-62.)
(a) No person, knowing or having reasonable cause to believe that the person has a dangerous, contagious disease, shall knowingly fail to take reasonable measures to prevent exposing self to other persons, except when seeking medical aid.
(b) No person, having charge or care of a person whom the person having charge or care knows or has reasonable cause to believe has a dangerous, contagious disease, shall recklessly fail to take reasonable measures to protect others from exposure to the contagion, and to inform health authorities of the existence of the contagion.
(c) No person, having charge of a public conveyance or place of public accommodation, amusement, resort or trade, and knowing or having reasonable cause to believe that persons using such conveyance or place have been or are being exposed to a dangerous, contagious disease, shall negligently fail to take reasonable measures to protect the public from exposure to the contagion, and to inform health authorities of the existence of the contagion.
(ORC 3701.81)
(d) Whoever violates this section is guilty of a misdemeanor of the second degree.
(ORC 3701.99(C))
(a) For the purpose of controlling the blight and disease of shade trees within public rights-of-way, and for planting, maintaining, trimming, removing and/or replacing shade trees in and along the streets of the City, the City Council may establish one or more districts in the City designating the boundaries thereof, and may each year thereafter, by ordinance, designate the district in which such control, planting, care, and maintenance shall be effected, setting forth an estimate of the cost and providing for the levy of a special assessment upon all the real property in the district, in the amount and in the manner provided in Section 727.01 of the Ohio Revised Code, for planting, maintaining, trimming, removing and/or replacing shade trees. The ordinance shall be adopted as other ordinances and a succinct summary of the ordinance shall be published in the manner provided in Section 731.21 of the Ohio Revised Code. Bonds and anticipatory notes may be issued in anticipation of the collection of such special assessments, under Section 133.17 of the Ohio Revised Code.
(b) Subject to the provisions of Section 521.14(a), above, each owner or occupant of any lot or land shall plant, maintain, trim, remove, and/or replace any one or more trees located within a tree lawn in front of or adjacent and contiguous to such lot or land in and along the streets of the City that are blighted, diseased, dead, or partially or fully broken or damaged, and that require planting, maintenance, trimming, removal and/or replacement, or that otherwise constitute a hazard to the public's use of the streets in front of such lot or land after due notice of a Resolution of Council ordering the planting, maintaining, trimming, removal and/or replacement of such tree(s) in a designated district in the City. Management of trees shall also conform with the provisions of Chapters 907, 1115, 1121, 1126, 1127, 1131, and 1133 of the Codified Ordinances.
If the owner or person having charge of such land fails to comply with such notice, the City shall cause the tree(s) to be planted, maintained, trimmed, removed and/or replaced. All expenses and labor costs incurred shall, when approved by Council, be paid out of City funds not otherwise appropriated. Council shall make a written return to the County Auditor of its action, with a statement of the charges for its services, the amount paid for labor and material, the fees of the officers serving such notices, and a proper description of the premises. Such amounts, when allowed, shall be entered upon the tax duplicate and be a lien upon such lands from and after the date of entry and be collected as other taxes and returned to the City.
(c) In the event the City enters a lien upon the tax duplicate as provided in subsections (a) and (b), above, the Finance Director shall certify to the County Auditor for recording such lien such that the amount due shall be divided into eight (8) semiannual payments and collected with the immediate and subsequent tax years as applicable. The Finance Director shall add to the amount due interest at the rate of the Federal Reserve Prime Interest Rate as of June 1 of the current year, but in no event an amount less than twenty-five dollars ($25.00).
(d) Whoever violates this Section 521.14 is guilty of a minor misdemeanor.
(ORC. 727.01, 727.011, 731.21, 133.17; 2023-14. Passed 6-13-23.)