Loading...
GENERAL PROVISIONS
The provisions of this chapter shall be enforceable within this municipality concurrently with the state and federal laws relative to sanitation and health and the ordinances or orders of the local health district relative thereto, and shall not be construed as modifying, repealing, limiting, or affecting in any manner such laws, ordinances, or orders.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
NUISANCE. Any of the following:
(1) That which is defined and declared by statutes or ordinances to be a nuisance;
(2) Any place in or upon which lewdness, assignation, or prostitution is conducted, permitted, continued, or exists, or any place in or upon which lewd, indecent, lascivious or obscene films or plate negatives, film or plate positives, films designed to be projected on a screen for exhibition films, or glass slides either in negative or positive form designed for exhibition by projection on a screen, are photographed, manufactured, developed, screened, exhibited, or otherwise prepared or shown, and the personal property and contents used in conducting and maintaining any such place for any such purpose. This chapter shall not affect any newspaper, magazine, or other publication entered as second class matter by the post office department;
(3) Any room, house, building, boat, vehicle, structure, or place where beer or intoxicating liquor is manufactured, sold, bartered, possessed, or kept in violation of law and all property kept and used in maintaining the same, and all property designed for the unlawful manufacture or beer, or intoxicating liquor and beer, or intoxicating liquor contained in the room, house, building, boat, structure, or place described in this division (3) where the operation of that place substantially interferes with public decency, sobriety, peace, and good order. “Violation of Law” includes but is not limited to sales to any person under the legal drinking age prohibited in R.C. § 4301.22(A) or R.C. § 4301.69(A), and any violation of R.C. § 2913.46 or R.C. § 2925.03.
PERSON. Includes any individual, corporation, association, partnership, trustee, lessee, agent or assignee.
PLACE. Includes any building, erection, or place or any separate part or portion thereof or the ground itself.
(R.C. § 3767.01) (Rev. 1999)
Cross-reference:
Penalty and procedure when injunction issued pursuant to division (3) of the definition of “nuisance” is violated, see § 92.27
(A) (1) Any person who uses, occupies, establishes, or conducts a nuisance, or aids and abets in the use, occupancy, establishment, or conduct of a nuisance; the owner, agent, or lessee of an interest in any such nuisance; any person who is employed in that nuisance by that owner, agent, or lessee; and any person who is in control of that nuisance is guilty of maintaining a nuisance and shall be enjoined as provided in R.C. §§ 3767.03 through 3767.11.
(2) A criminal gang that uses or occupies any building, premises, or real estate, including vacant land, on more than two occasions within a one-year period to engage in a pattern of criminal gang activity is guilty of maintaining a nuisance and shall be enjoined as provided in R.C. §§ 3767.03 through 3767.11. As used in this division (A)(2),
CRIMINAL GANG and PATTERN OF CRIMINAL GANG ACTIVITY have the same meanings as in R.C. § 2923.41.
(R.C. § 3767.02) (Rev. 1999)
(3) Any building, premises, or real estate, including vacant land, that is used or occupied by a criminal gang on more than two occasions within a one-year period to engage in a pattern of criminal gang activity constitutes a nuisance subject to abatement pursuant to R.C. §§ 3767.01 through 3767.11
(R.C. § 2923.43) (Rev. 1999)
(B) In case of the violation of any injunction or closing order granted under R.C. §§ 3767.01 through 3767.11, or of a restraining order or the commission of any contempt of court in proceedings under such sections, the court or, in vacation, a judge thereof, may summarily try and punish the offender. The trial may be had upon affidavits or either party may demand the production and oral examination or witnesses.
(R.C. § 3767.07)
(C) Whoever is guilty of contempt under this section is guilty of a misdemeanor of the first degree.
(R.C. § 3767.99(A))
Statutory reference:
Abatement of nuisance, bond and notice, see R.C. § 3767.03
Content of judgment and order, disposition of property seized, see R.C. § 3767.06
Criminal gang activity, see R.C. §§ 2923.41 et seq.
Priority of actions, evidence, costs; nuisances relating to liquor permit premises, see R.C. § 3767.05
Procedure in injunction action, see R.C. § 3767.04
(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 such 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))
Loading...