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(a) No owner or occupant of lots or lands abutting any sidewalk, curb or gutter shall fail to keep the sidewalks, curbs and gutters in repair and free from snow, ice or any nuisance, and to remove from the sidewalks, curbs or gutters all snow and ice accumulated thereon within a reasonable time, which will ordinarily not exceed 12 hours after any storm during which the snow and ice has accumulated.
(R.C. § 723.011)
(b) Whoever violates this section is guilty of a minor misdemeanor.
(a) No person shall erect or maintain any fence charged with electrical current.
(b) No person shall erect or maintain a barbed wire fence which abuts or is adjacent to any public street or sidewalk. This division (b) does not prevent the placement and use of not more than two strands of barbed wire on top of a fence other than a barbed wire fence, provided the strands are not less than 48 inches from the ground.
(c) Barbed wire partition fences may be erected and maintained as provided in R.C. § 971.03.
(d) 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.
(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 him or her, or in or on waters of the state, 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 division (b) of this section, 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 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 him or her, 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 he or she 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 division (b)(1) of this section,
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 division (b)(4) of this section,
CASUAL PASSERBY means a person who does not have depositing litter in a litter receptacle as his or her primary reason for traveling to or by the property on which the litter receptacle is located.
(d) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(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. 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. A dumpster, trash can, trash bin, garbage can or similar container in which litter is deposited for removal.
(e) This section may be enforced by any sheriff, deputy sheriff, police officer of a municipal corporation, police constable or officer of a township, or township or joint police district, wildlife officer designated under R.C. § 1531.13, natural resources officer appointed under R.C. § 1501.24, forest-fire investigator appointed under R.C. § 1503.09, conservancy district police officer, inspector of nuisances of a county, or any other law enforcement officer within the law enforcement officer’s jurisdiction.
(R.C. § 3767.32)
(f) Whoever violates any provision of this section shall be guilty of a misdemeanor of the third degree. The sentencing court may, in addition to or in lieu of the penalty provided in this division, require a person who violates this section to remove litter from any public or private property or in or on waters of the state.
(R.C. § 3767.99(C))
(a) 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.
(b) 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.
(c) 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 the watercourse from its natural course or state to the injury or prejudice of others.
(d) Persons who are engaged in agriculture- related activities, as
AGRICULTURE is defined in 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 (a) and (b) above and from any ordinances, resolutions, rules, or other enactments of the municipality that prohibit excessive noise.
(R.C. § 3767.13)
(e) Whoever violates this section is guilty of a misdemeanor of the third degree.
(R.C. § 3767.99(C))
(a) Prohibition and Definitions.
(1) Any person owning or having charge of land within the city limits shall not permit the deposit, storage, or maintenance of any considered "junk" on said property.
(2) For purposes of this section, JUNK shall be defined as items that are of little or no economic value as they exist in their present condition, other than value as salvage, as determined by the city, and that are not confined within an industrial zoned area. Items may
include but are not limited to vehicle parts, inoperable riding lawnmowers, other machinery, discarded interior furniture and housewares, mattresses, appliances, or other items determined by the city that may attract rodents or insects.
(b) Order to Clean Up Premises. Upon information of the deposit, storage, or maintenance of junk on any property, the City Manager or his designee shall cause certified written notice to be served upon the owner, occupant, or responsible party having charge of the property, notifying him or her that junk is being deposited, stored, or maintained on the property and that such junk must be removed within 30 days after the service of the notice.
(c) Appeal of Order. Any person owning or having charge of land within the city limits served with the notice provided for in division (b) above may file an appeal of such notice with the Zoning Board of Appeals, acting in its capacity to hear administrative appeals, within 10 days of service of the notice. Said appeal shall be heard by the Zoning Board of Appeals at a regularly scheduled meeting on a date to be determined by the city.
(1) The hearing shall be conducted as follows:
A. Such hearing shall be conducted by the Zoning Board of Appeals.
B. In an appeal pursuant to this chapter, the Zoning Board of Appeals may vote to: sustain the finding that the property in question does constitute a violation of division (a)(1) of this section and order that the junk be removed; continue the matter for a period not to exceed 60 days for further investigation; take such other action and render such other orders as it deems appropriate within the authority conferred by this chapter; or
C. Reverse the finding that a violation of division (a)(1) of this section exists on the property and dismiss the case.
D. A copy of the decision of the Zoning Board of Appeals shall be mailed, with certificate of mailing, to the last known address of the owner, or person representing the owner, who demanded the hearing. It shall be the responsibility of the owner, or person representing the owner, or person representing the owner, to keep the secretary of the Zoning Board of Appeals appraised of his/her current mailing address. For the purpose of appeal pursuant to R.C. Chapter 2506, the final order shall be deemed to have been entered on the date on which the copy of the decision was mailed.
E. A majority of the members of the Zoning Board of Appeals then present must concur that a violation of division (a)(1) of this section exists before enforcement is carried out pursuant to this chapter.
F. A copy of the decision of the Zoning Board of Appeals shall be promptly served upon the owner or owners in the manner provided under division C. above.
G. If the Zoning Board of Appeals denies the appeal, the owner or occupant or other responsible party shall have 14 days to comply with the order.
(d) Failure to Comply with Notice. Any person owning or having charge of land within the city limits that fails to comply with the notice or subsequent decision of the Zoning Board of Appeals, the City Manager or designee shall cause the junk to be removed and may employ the necessary labor to perform the task. All expenses incurred shall, when approved by the City Manager, be paid out of the city funds not otherwise appropriated.
(e) The Clerk shall make a written return to the County Auditor of the action taken under this section, with a statement of the charges for its services, the amount paid for the performing of the labor, the fees of the officers who made the service of the notice and return, and a proper description of the premises. The amounts, when allowed, shall be entered upon the tax duplicate, shall be a lien upon the lands from the date of the entry, and shall be collected as other taxes and returned to the city with the General Fund.
(f) Whoever violates or fails to comply with any provision of this section is guilty of a minor misdemeanor.
(Ord. 2-1969, passed 3-10-1969; Ord. 2018-67, passed 7-9-2018)
(a) Definitions.
(1) LAKE. A body of standing water, including ponds and reservoirs that may have natural or artificial water level control.
(2) MEAN WATER LEVEL. The normal summer (June 1 - September 15) water level, measured in feet above sea level, of lakes as determined by an average of water level readings available over time.
(3) NOXIOUS. Hurtful or offensive.
(4) NATURAL AREA. An area planted in approved native plants of Ohio.
(5) RIPARIAN BUFFER. The width of land measured horizontally from the mean water level for lakes and from the top of bank or top of slope for streams, to the edge of other land uses.
(6) RANK. Luxuriant in growth.
(7) STREAM. The full length and width, including the bed and banks, of any watercourse, including rivers, creeks, brooks, and branches and intermittent watercourses that have a defined channel and evidence of water and sediment transport, even if such watercourses do not have surface water flow throughout the year or throughout the channel.
(8) TOP OF BANK. The point along a stream bank where an abrupt change in slope is evident, and where the stream is generally able to overflow the banks and enter the adjacent floodplain during flows at or exceeding the average annual high water stage.
(9) TOP OF SLOPE. A break in slope adjacent to steep-banked streams that have little or no floodplain: or a break in slope where the side slopes adjacent to an incised, or deeply cut channel meet floodplains that have been abandoned or are undergoing abandonment.
(10) WEED. Undesirable, unattractive vegetation.
(b) Prohibitions.
(1) Any person owning or having charge of land within the city which falls within the limits provided by division (b)(2) hereof shall keep the land free and clear from all noxious weeds and rank vegetation and shall also be required to control all weeds, grasses and vegetation, except trees, shrubs, acceptable flowers and farm crops, by cutting or other effective legal means of control, at least twice in every year, once between June 1 and July 1, and once between August 1 and September 1, and at any other time as is necessary to keep the growth of weeds, grasses and vegetation under eight inches high.
(2) The control of weeds and vegetation required by division (b) hereof shall be accomplished on all lands within the city except: all land adjacent to the top of slope or top of bank for all blue line streams; any designated natural area on a non-single family residential lot greater than five acres; or where the property has applied for and been granted a permit to maintain an area of riparian buffer and/or natural area.
(c) Notice.
(1) Notice generally. Upon information that noxious or rank vegetation as defined in division (b) hereof are growing on lands in the city and are about to spread or mature seeds, the City Manager shall cause written notice to be served upon the owner, lessee, agent or tenant having charge of the land, notifying him or her that noxious weeds are growing on the land and that they must be cut and destroyed within five days after the service of the notice. If the owner or other person having charge of the land is a nonresident whose address is known, the notice shall be sent to his or her address by certified mail. If the address of the owner is unknown, it shall be sufficient to publish the notice once in a newspaper of general circulation in the county.
(2) Fees for service and return. The Chief of Police, any police officer or Clerk of Council may make service and return of the notice in division (c) hereof and shall be allowed the same fee as that provided for service and return of summons in civil cases before a magistrate.
(3) Procedure when owner fails to comply with notice. If the owner, lessee, agent or tenant having charge of the lands fails to comply with the notice, Council shall cause the noxious weeds to be cut and destroyed and may employ the necessary labor to perform the task. All expenses incurred shall, when approved by Council, be paid out of the city funds not otherwise appropriated.
(4) Written return to County Auditor; amount of lien upon property. The Clerk shall make a written return to the County Auditor of the action taken under divisions (a) through (d) hereof, with a statement of the charges for its services, the amount paid for the performing of the labor, the fees of the officers who made the service of the notice and return, and a proper description of the premises. The amounts, when allowed, shall be entered upon the tax duplicate, shall be a lien upon the lands from the date of the entry, and shall be collected as other taxes and returned to the city with the General Fund.
(d) Violations. Whoever violates or fails to comply with any provision of this section is guilty of a minor misdemeanor.
(Ord. 2008-73, passed 6-8-2008)
(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 the 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.
(R.C. § 3701.81)
(d) Whoever violates this section is guilty of a misdemeanor of the second degree.
(R.C. § 3701.99(C))
Editor’s note:
See § 501.99 for penalties applicable to any misdemeanor classification.