For the purpose of this subchapter, the following words and phrases shall have the meanings ascribed to them respectively.
AIRCRAFT. Any contrivance now known or hereafter invented, used or designated for navigation and for flight in the air. AIRCRAFT includes helicopters and lighter-than-air dirigibles and balloons.
AUTOMOBILE PARTS. Any portion or parts of any motor-driven vehicle, as detached from the vehicle as a whole.
BOTTLES. Glass containers and sheets or parts of sheets of glass, whether in entire form or broken, which have served their intended purpose and are no longer fit for the original purpose thereof.
COMMERCIAL HANDBILL. Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature which:
(1) Advertises for sale any merchandise, product, commodity or thing;
(2) Directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales;
(3) Directs attention or advertises any meeting, theatrical performance, exhibition or event of any kind for which an admission fee is charged for the purpose of private gain or profit; but the terms of this clause shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition or event of any kind, when either of the same is held, given or takes place in connection with the dissemination of information which is not restricted under the ordinary rule of decency, good moral public peace, safety and good order. Nothing contained in this clause shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition or event of any kind without a license where such license is or may be required by any law of this state, or under any ordinance of this village; or
(4) While containing reading matter other than advertising matter, is predominantly and essentially an advertisement, and is distributed or circulated for advertising purposes, or for the private benefit and gain of any person so engaged as advertiser or distributor.
GARBAGE. Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
HOUSEHOLD LITTER. Litter, as defined herein, that is created, accumulated or is the product of the every day operation, maintenance and use of one's private residence.
LITTER. Garbage, trash, waste, rubbish, ashes, cans, bottles, wire, paper, cartons, boxes, automobile parts, furniture, glass or anything else of an unsightly or unsanitary nature thrown, dropped, discarded, placed or deposited by a person on public property, on private property not owned by him or in or on waters of the state unless the person has:
(1) Been directed to do so by a public official as part of a litter collection drive;
(2) Thrown, dropped, discarded, placed or deposited the material in a receptacle in a manner that prevented its being carried away by the elements; or
(3) Been issued a permit or license carrying the material by any federal, state or village agency.
MOTOR VEHICLE. Every device in, on or by which any person or property may be transported or drawn by power other than muscular power.
(1)
INOPERATIVE MOTOR VEHICLE. Any type of motor vehicle unable to move under its own power due to defective or missing parts, and which has remained in such condition for a period of not less than 30 consecutive days. A motor vehicle is presumed to be in an inoperative condition if it has not been duly registered and licensed under the laws of the State of Ohio for a period of 12 months or more.
(2) UNFIT FOR FURTHER USE. Any type of motor vehicle which is in such dangerous condition, has defective or missing parts, or is in such a condition generally as to be unsuitable for further use as a conveyance.
NEWSPAPER. Any newspaper of general circulation as derived by general law, any newspaper duly entered with the Post Office Department of the United States, in accordance with federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law; and, in addition thereto, shall mean and include any periodical or current magazine regularly published with not less than four issues per year and sold to the public.
NONCOMMERCIAL HANDBILL. Any printed or written matter, any sample, device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper or booklet, or any other printed or otherwise reproduced original or copies of any matter of literature not included in the aforesaid definitions of a commercial handbill or newspaper.
OFFENSIVE MATERIALS. Dead or decaying vegetable matter, whether formerly growing on the lot or lands or whether placed thereon; manure or fertilizer which has remained on the premises for more than three months; ashes; straw; offal; or other annoying materials.
PAPER. Scrap or paper material not being used for any purpose in their original form, or unfit for any further use in their original form and present condition.
PARK. A park, reservation, playground, recreation center or any other public area in the village, owned or used by the village and devoted to active or passive recreation.
PLACE OF PUBLIC ASSEMBLY.
(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 retarded and the mentally ill; 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 divisions (l) or (2) above is a place of public assembly if it has a seating capacity of 50 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.
PRIVATE PREMISES. Any dwelling, house, building or other structure, designed or used, either wholly or in part, for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure.
PRIVATE RECEPTACLE. A litter storage and collection receptacle placed on private property or on public property by a person, firm, or corporation other than the village.
PUBLIC PLACE. Any and all streets, sidewalks, boulevards, alleys or other public ways, and any and all public parks, squares, spaces, grounds and buildings.
RAGS. Clothing or cloth which is unfit for further use for its originally intended purposes, in its present condition.
REFUSE. All putrescible and nonputrescible solid wastes (except body wastes) including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.
ROPE. Materials of hemp, cotton, nylon, rayon or any composition thereof, whether in a single piece or various parts, which is no longer safe to use or which can no longer be used for its intended purpose.
RUBBISH. Nonputrescible solid wastes consisting of both combustible and noncombustible wastes such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, furniture, glass, bedding, crockery and similar materials.
SCRAP METAL. Pieces of or parts of steel, iron, tin, zinc, copper or any alloy thereof, whether covered with porcelain or any other material, whether intact or in parts which have served their usefulness in the original form and can no longer be used for the originally intended purpose.
TIN CANS. Any container or sheet metal made of tin or any alloy thereof, which is no longer useful in its present condition for the purpose for which it was originally intended.
USED BUILDING MATERIALS. Any materials, including wood, stone, brick, cement block or any composition thereof, used or useful in the erection of any building or structure, which have been used previously for such erection or construction by the same persons or by any other person.
VEHICLE. Every device in, on, or by which any person or property is or may be transported or drawn on a highway, including devices used exclusively on stationary rails or tracks.
(Ord. O-2014-05, passed 1-27-2015)