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(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 residential care facility serving as the residence of a person living in such residential care facility.
(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 illnesses 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 division (a)(1) or (a)(2) of this section 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 Ohio Division 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 not 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 division (a)(1) of this section, the local fire authority having jurisdiction shall designate the no smoking area. In places included in division (a)(2) of this section that are owned by the State or its agencies, the Ohio Director of Administrative Services shall designate the area, and if the place is owned by a political subdivision, its legislative authority shall designate an officer who shall designate the area. In places included in division (a)(3) of this section, the person having control of the operations of the place of public assembly shall designate the no smoking area. In places included in division (a)(2) of this section which are also included in division (a)(1) of this section, the officer who has authority to designate the area in places in division (a)(2) of this section 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) This section does not affect or modify the prohibition contained in Ohio R.C. 3313.751(B).
(d) No person shall smoke in any area designated as a no smoking area in accordance with division (b) of this section.
(e) Whoever violates this section is guilty of a minor misdemeanor.
(ORC 3791.031)
(a) Smoking is prohibited in all City-owned or leased buildings and other enclosed structures, except as provided for in division (c) of this section.
(b) Smoking outside of City buildings and other enclosed structures is permitted.
(c) City Council may direct the City Manager to adopt a building specific policy which permits the designation of an area in enclosed structures as “Smoking Permitted”.
(d) Smoking is prohibited in any City-owned or operated vehicles.
(Ord. 4784. Passed 6-7-94.)
(e) Whoever violates any of the provisions of this section is guilty of a minor misdemeanor.
(a) The City Health Officer or the County Board of Health is hereby authorized to inspect or cause to be inspected all buildings, tenements and rooms in the City which are used for dwellings or sleeping purposes, for the purpose of ascertaining the sanitary conditions thereof.
(b) If the inspection discloses the premises to be so damp or insufficiently provided with water or toilet facilities as to be the cause of nuisance, sickness or filth, or if the premises or any part thereof is so unsanitary as to be a menace to the health of the occupants thereof or of the public, the inspector shall serve a written notice on the owner, agent or occupant thereof directing the correction or removal of the unsanitary condition, which shall be named in such notice.
(c) If the order is not obeyed and the condition set forth in the notice is not remedied within five days after service of the notice, then, in addition to the penalty provided in division (d) of this section, the inspector is hereby authorized to seek legal action for correction of the condition and, if necessary, vacation of the premises.
(Ord. 36. Passed 8-16-32.)
(d) Whoever fails to comply with the notice provided for in division (b) of this section is guilty of a minor misdemeanor. A separate offense shall be deemed committed each day during or on which the noncompliance occurs of continues.
(a) Noxious or Harmful Plants, Weeds, Vines and Grass Defined. As used in this section, “noxious or harmful plants, weeds, vines and grass” means plants, weeds, vines and grass that have attained a height of over eight inches, are uncultivated and/or constitute a blighting or deteriorating effect on structures and properties and likely to harbor rodents.
(b) Removal of Noxious, Harmful Plants, Weeds, Vines and Grass by Owner.
(1) The owner of any lot or parcel of land situated within the City, whether the same is improved or unimproved, vacant or occupied, within five days of receipt of written notice to do so, shall cut any noxious, harmful plants, weeds, vines or grass on such lot or parcel or upon any street, public right-of-way or tree lawn abutting such lot or parcel. Written notice may be served by mail or by posting upon premises.
(2) Notice issued under this section shall be effective for the remainder of the growing season in which they are issued. Remedy procedures may be taken per division (c) of this section without issuing any additional notices.
(3) The City Manager may exempt lots or parcels of land of five acres or more in size either in whole or in part from the requirements of division (b)(1) of this section.
(c) Remedy of City for Noncompliance with Notice; Costs. Five days after the date of service of the written notice or the publication thereof, the City Manager or his or her designate may cause to be cut and removed the noxious, harmful plants, weeds or grasses if the owner, lessee, agent or tenant has not complied with such notice. If such cutting is done by the City because of noncompliance with the notice, or for any other proper reason, all cost of such cutting and removal, as well as all administrative costs as determined and regulated by the City Manager, shall be borne by the owner of the lot or land and shall be assessed against the lot or land.
(d) Notice of Assessment; Certification. Whenever possible, a notice of the assessment shall be given to the owner of the lot or land charged therewith or his or her agent, either in person or left at the usual place of residence or sent by mail. All assessments not paid within ten days after the giving of such notice shall be certified by the Clerk of Council to the County Auditor to be placed on the tax duplicate and collected as other taxes are collected. The remedy provided in this division and in division (c) of this section shall be in addition to the penalty provided in division (e) of this section.
(e) Penalty. Any owner, lessee, agent or tenant, having the care of any lot or land, who fails to comply with the notice referred to in division (b) of this section within five days after the date of service or publication thereof is guilty of a minor misdemeanor. A separate offense shall be deemed committed each day during or on which such noncompliance occurs or continues.
(Ord. 5712. Passed 6-17-03; Ord. 6391. Passed 4-2-13.)
(a) Definitions. As used in this section:
(1) “Person” includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual.
(2) “Property” includes any lot, lots, parts of lots, or parcel of land within the corporate limits of the City.
(3) “Trash and debris” includes, but is not limited to, any of the following:
A. “Vehicle parts” includes any part of any motor driven vehicle as detached from the vehicle as a whole.
B. “Garbage” includes all refuse and waste of animals, fish, fowl, fruit, and vegetable matter, and other material or materials so designated by the Public Health - Dayton and Montgomery County or the State of Ohio, liquefied or otherwise, which accumulated in the use and preparation of food for the table, that has been discarded and abandoned and is no longer of value to the owner for ordinary purposes of domestic consumption, and also includes all refuse arising from the dealing in or storing of the substances.
C. “Litter” includes any garbage, waste, peelings of vegetables or fruits, rubbish, ashes, cans, bottles, wire, paper, cartons, boxes, parts of automobiles, wagons, furniture, glass, oil of an unsightly or unsanitary nature, or anything else of an unsightly or unsanitary nature.
D. “Refuse” includes only the matters which are in fact noxious or have been refused and abandoned by the owner as worthless.
E. “Rubbish” includes wire, chips, shavings, bottles, broken glass, crockery, tin, cast or wooden ware, boxes, rags, dead weeds, brush, including chopped tree branches, bushes, and other similar material other than garbage.
F. “Scrap metal” includes pieces of or parts of steel, iron, tin, zinc, copper, aluminum, or any alloy thereof, whether intact or in parts, which has served its usefulness in its original form and can no longer be used or is useful for its originally intended purpose.
G. “Used building materials” includes any materials such as wood, stone, brick, cement blocks, or any composition or combination thereof used or useful in the erection of any building or structure which has been used previously for the erection or construction by the same person or other persons.
H. “Junk” includes scrap metal; vehicular parts; any dismantled, partially dismantled, non-operative, or discarded items such as machinery, appliances, or equipment; stored outside of a completely enclosed structure. Any item of tangible personal property designed to be used in an environment protected from the elements, such as inside a building, shall be presumed to be junk if the item is stored outside.
(b) Prohibited Conditions. No person shall allow trash and debris to be stored, placed, or be allowed to remain on any property within the corporate limits of the City.
(c) Removal of Trash and Debris upon Premises.
(1) The owner of any property within the corporate limits of the City, whether the same is improved or unimproved, vacant or occupied, within five days of receipt of written notice to do so, shall remove all trash and debris from said property and dispose of it in a manner appropriate for such trash and debris. Written notice may be served by U.S. Mail or by posting upon premises.
(2) Notice issued under this section shall be effective for a period of six months. If trash and debris accumulates upon any property within the corporate limits of the City which has been found to be in violation of this section within the previous six months of said violation, remedy procedures may be taken per division (d) of this section without any additional notices.
(3) This section shall not apply to any property within the corporate limits of the City to which an occupancy certificate has been issued for a business use where the primary purpose of the business is the storage of materials which are defined as trash and debris in this section. Such businesses include, but are not limited to, auto salvage yards, landfills of all types, and/or scrap metal yards.
(d) Remedy of City Noncompliance With Notice; Costs. Five days after the date of service of written notice or posting upon the premises, the City Manager or his or her designee may cause the trash and debris to be removed from the property if the owner, lessee, agent or tenant has not complied with such notice. If the trash and debris is removed by the City due to noncompliance with the notice, or for any other proper reason, all costs associated with the removal of the trash and debris, as well as all administrative costs as determined and regulated by the City Manager, shall be borne by the owner of the property and shall be assessed against said property.
(e) Notice of Assessment; Certification. Whenever possible, a notice of the assessment shall be given to the owner of the property charged therewith or his or her agent, either in person or left at the usual place of residence or sent by U.S. Mail. All assessments not paid within ten days after the giving of such notice shall be certified by the Clerk of Council to the County Auditor to be placed on the tax duplicate and collected as other taxes are collected. The remedy provided in this division and in division (d) of this section shall be in addition to the penalty provided in division (f) of this section.
(f) Penalty. Any owner, lessee, agent or tenant, having the care of any property within the corporate limits of the City, who fails to comply with the notice referred to in division (c)(1) of this section within five days after the date of service or posting thereof is guilty of a fourth degree misdemeanor and shall be subject to the penalty provided in Section 698.02. A separate offense shall be deemed committed each day during or on which such noncompliance occurs or continues.
(Ord. 5863. Passed 7-5-05; Ord. 6358. Passed 9-18-12.)
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