(a) Purpose and Intent. The purpose of this chapter is to reduce public exposure to health risks where trained law enforcement officers have determined that hazardous chemicals from a suspected clandestine drug lab site or associated dumpsite may exist. Council finds that such sites may contain chemicals and residues that place people, particularly children or adults of child bearing age, at risk when exposed through inhabiting or visiting the site, now and in the future.
(b) Interpretation and Application.
(1) The provisions of this chapter shall be construed to protect the public health, safety and welfare.
(2) Where the conditions imposed by any provision of this chapter are either more or less restrictive than comparable provisions imposed by any other law, ordinance, statute or regulation of any kind, the provisions which are more restrictive or which impose higher standards or requirements shall prevail.
(3) Should any court of competent jurisdiction declare any section or subpart of this chapter to be invalid, such decision shall not affect the validity of the chapter as a whole or any part thereof, other than the provision declared invalid.
(c) Definitions. As used in this chapter:
(1) "Child" means any person less than eighteen years of age.
(2) "Chemical dumpsite" means any place or area where chemicals or other waste materials used or produced in a clandestine drug lab have been located.
(3) "Clandestine drug laboratory or lab" means a location where the unlawful manufacture or attempt to manufacture controlled substances has occurred. Only those labs which law enforcement determines may contain residual contamination that could be harmful to the occupants are subject to this chapter.
(4) "Clandestine drug lab site" means a place or area where law enforcement has determined that conditions associated with the operation of a clandestine drug lab exist. A clandestine drug lab site may include residential, commercial, industrial or institutional structures, accessory buildings, accessory structures, motor vehicles, a chemical dumpsite or any land.
(5) "Controlled substance" means a drug, substance or immediate precursor in Schedules I through V of Ohio R.C. 3719.41. The term does not include distilled spirits, wine, malt beverages, intoxicating liquors or tobacco.
(6) "Household hazardous wastes" means waste generated from a clandestine drug lab. Such waste shall be treated, stored, transported or disposed of in a matter consistent with Federal, State and local regulations.
(7) "Manufacture" means, in places other than a pharmacy or a licensed pharmaceutical manufacturing facility, the production, cultivation, quality control and standardization by mechanical, physical, chemical or pharmaceutical means, packing, repacking, tableting, encapsulating, labeling, relabeling, filling or by other process, of controlled substances.
(8) "Motor vehicles" shall have the same meaning as in Ohio R.C. 4501.01.
(9) "Owner" means any person, firm or corporation who owns, in whole or in part, the land, buildings or structures associated with a clandestine drug lab site or chemical dumpsite.
(10) "Public nuisance" includes all residential, commercial, industrial or institutional structures, accessory structures and buildings associated with a clandestine drug lab site that are potentially unsafe due to health hazards.
(Ord. 2016-14. Passed 10-10-16.)