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   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.)
   521.11 STORAGE OF JUNK AND JUNK VEHICLES.
   (a)   Definitions. As used in this section:
      (1)   "Junk" means any worn-out, castoff or discarded article or material which is ready for destruction or has been collected or stored for salvage or conversion to some other use. Any article or material which, unaltered or unchanged and without further reconditioning, can be used for its original purpose as readily as when new, shall not be considered junk.
      (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 persons with mental illness 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)   "Inoperative condition" means that a vehicle is incapable of being propelled under its own power.
      (4)   "Partially dismantled condition" means that a vehicle has some part missing which is ordinarily an essential component thereof.
      (5)   For the purposes of this section "junk motor vehicle" means any motor vehicle meeting the requirements of Ohio R.C. 4513.63(B) to (E) that is left uncovered in the open on private property for more than seventy-two hours with the permission of the person having the right to the possession of the property, except if the person is operating a junk yard or scrap metal processing facility licensed under authority of Ohio R.C. 4737.05 to 4737.12, or regulated under authority of a political subdivision; or if the property on which the motor vehicle is left is not subject to licensure or regulation by any governmental authority, unless the person having the right to the possession of the property can establish that the motor vehicle is part of a bona-fide commercial operation; or if the motor vehicle is a collector's vehicle.
   (b)   Storage a Public Nuisance. Except as otherwise provided herein, the deposit, storage, maintenance or collection of junk or junk cars outside of a building or buildings is hereby declared to be a public nuisance and offensive to the public health, welfare and safety of the residents of this Municipality.
 
   (c)   Removal Notice; Exceptions. No person in charge or control of any premises within the City, whether as owner, tenant, lessee, occupant or otherwise, shall allow any junk or junk cars to remain upon such premises longer than ten days after receipt of a written notice to remove such junk or junk car from such premises, such notice to be issued and delivered by the Chief of the Police Department or by any member thereof duly designated by him. Such written notice shall be served upon the person either personally or at his usual place of residence or by registered or certified mail addressed to such person's last known place of residence.
   The provisions of this section, however, shall not apply to the deposit, storage, maintenance or collection of junk or junk cars in an enclosed building, in a regularly established junk yard, in any area of the City in which the same are permitted under the regulations of the Zoning Code of the City, or if the motor vehicle is a collector's vehicle.
 
   (d)   Impounding and Disposition. The Chief of Police or any member of the Police Department designated by him is hereby authorized to remove or cause to be removed any junk car remaining at any place within the City in violation of the provisions of this section. Such junk car shall be impounded until lawfully claimed or disposed of in accordance with the provisions of Ohio R.C. 737.32 and 737.33.
   (e)   Penalty. Whoever violates any of the provisions of this section is guilty of a minor misdemeanor on a first offense. For each subsequent offense such person is guilty of a misdemeanor of the fourth degree. A separate offense shall be deemed committed each day that a junk motor vehicle remains on such premises.
   521.12 SMOKE EMISSION.
   (a)   The emission of smoke from any chimney or stack within the limits of the City in such a manner as to annoy any person in the City, or to injure the health or property of any person within the City, shall be deemed and held to be a public nuisance. (1957 Code Sec. 969.01.)
 
   (b)    Whoever violates this section is guilty of a misdemeanor of the fourth degree. Each day on which a violation occurs or continues shall be deemed a separate offense.
   521.13 STORAGE OF UNLICENSED MOTOR VEHICLES PROHIBITED.
   (a)   No person shall store or permit to be stored upon any lot or land, for a period of more than twenty days, any motor vehicle that does not have displayed thereon license plates for the current year, unless the vehicle is stored in a completely enclosed building or garage. The twenty days time period shall mean any twenty days and shall not mean twenty consecutive days. This section shall not apply to persons doing business in properly zoned areas for the sale, salvage, repair or impounding of motor vehicles.
 
   (b)   In addition, the owner must produce on request, verification of insurance papers as required by State law as to the minimum insurance requirements for each vehicle in violation of subsection (a) hereof.
 
   (c)   Any motor vehicle stored for more than twenty days in violation of subsection (a) hereof may be towed and impounded.
   (d)   Whoever violates any of this section is guilty of a minor misdemeanor. Any person convicted of a subsequent violation of either of this section within one year shall be guilty of a misdemeanor of the first degree.
(Ord. 107-1987. Passed 10-5-87.)
   521.14 STORAGE OF JUNK TIRES.
   (a)   Council finds it to be in the best public health, safety and welfare that no person shall store tires outside of a building unless the owner of the building operates a business therein dealing with tires.
 
   (b)   Any person who operates a business dealing with tires and stores tires on the exterior of his or her building shall do the following:
      (1)   Remove the tires on a regular basis not less than once every ten days.
      (2)   Store the tires no closer than twenty-five feet from the building.
      (3)   Cover the tires with a tarp or other similar means in order to prevent the accumulation of stagnant water.
   (c)   Any person who violates any provision of this section shall be guilty of a minor misdemeanor on a first offense; on a second offense such person shall be guilty of a misdemeanor of the fourth degree; on any subsequent offense such person shall be guilty of a misdemeanor of the third degree.
(Ord. 59-1987. Passed 5-4-87.)
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