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   521.07 FENCES.
   (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 subsection (b) does not prevent the placement and use of not more than three strands of barbed wire on top of a fence other than a barbed wire fence, provided such strands are not less than seventy-two inches from the ground.
   (c)   Whoever violates this section is guilty of a minor misdemeanor.
   521.08 LITTERING AND DEPOSIT OF GARBAGE, RUBBISH, JUNK, ETC.
   (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.
   521.09 NOXIOUS OR OFFENSIVE ODORS.
   (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.
   521.10 NONSMOKING AREAS IN PLACES OF PUBLIC ASSEMBLY.
   (a)   As used in this section, "place of public assembly" means:
      (1)   Enclosed theaters, except the lobby; opera houses; auditoriums; classrooms; elevators; rooms in which persons are confined as a matter of health care, including but not limited to a hospital room and a room in a rest home serving as the residence of a person living in such rest home;
      (2)   All buildings and other enclosed structures owned by the State,its agencies or political subdivisions, including but not limited to hospitals and State institutions for the mentally ill and persons with intellectual disabilities; university and college buildings, except rooms within those buildings used primarily as the residences of students or other persons affiliated with the university or college; office buildings; libraries; museums; and vehicles used in public transportation. That portion of a building or other enclosed structure that is owned by the State, a State agency or a political subdivision and that is used primarily as a food service establishment is not a place of public assembly.
      (3)   Each portion of a building or enclosed structure that is not included in subsection (a)(1) or (2) hereof is a place of public assembly if it has a seating capacity of fifty or more persons and is available to the public. Restaurants, food service establishments, dining rooms, cafes, cafeterias or other rooms used primarily for the service of food, as well as bowling alleys and places licensed by the Department of Liquor Control to sell intoxicating beverages for consumption on the premises, are not places of public assembly.
   (b)   For the purpose of separating persons who smoke from persons who do not smoke for the comfort and health of persons not smoking, in every place of public assembly there shall be an area where smoking is not permitted, which shall be designated a no smoking area. Provided that, no more than one-half of the rooms in any health care facility in which persons are confined as a matter of health care may be designated as smoking areas in their entirety. The designation shall be made before the place of public assembly is made available to the public. In places included in subsection (a)(1) hereof the local fire authority having jurisdiction shall designate no smoking area. In places included in subsection (a)(2) hereof that are owned by the Municipality, Council shall designate an officer who shall designate the area. In places included in subsection (a)(3) hereof, the person having control of the operations of the place of public assembly shall designate the no smoking area. In places included in subsection (a)(2) hereof which are also included in subsection (a)(1) hereof, the officer who has authority to designate the area in places in subsection (a)(2) hereof shall designate the no smoking area. A no smoking area may include the entire place of public assembly. Designations shall be made by the placement of signs that are clearly visible and that state "NO SMOKING". No person shall remove signs from areas designated as no smoking areas.
   (c)   No person shall smoke in any area designated as a no smoking area in accordance with subsection (b) hereof or Ohio R.C. 3791.031.
 
   (d)   Whoever violates this section is guilty of a minor misdemeanor.
(ORC 3791.031)
   (e)   No person shall smoke in or upon Duncan Plaza or Veterans Park. Appropriate signage shall be posted by the Director of Public Service and Safety indicating such designation as a Tobacco Free Area. If in violation of subsection (e) you may be asked to leave the premises. (Ord. 97-2016. Passed 9-19-16.)
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