(a) For the purposes of this chapter, the following terms, phrases, words, and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, the plural includes the singular and the singular includes the plural. The word “shall” is always mandatory and not merely directory.
(1) “Authorized private receptacle” means a litter storage and collection receptacle as required and authorized in the refuse collection ordinances.
(2) “Village” means the Village of Millersburg, Ohio.
(3) “Commercial handbill” means 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:
A. Advertises for sale any merchandise, product, commodity, or thing; or
B. 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 sale; or
C. Directs attention to 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 upon 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 rules of decency, good morals, public peace, safety and good order; provided, that 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 State law or Village ordinance; or
D. 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.
(Ord. 2002-104. Passed 6-24-02.)
(4) “Junk automobile” means a motor vehicle which is not licensed for use upon the highways of the state, or a motor vehicle which, although licensed, is apparently inoperable and extensively damaged, including but not limited to any of the following: missing wheels, tires, engine or transmission, except that unlicensed but operative vehicles may be kept as the stock in trade of a regularly licensed and established new or used vehicle dealer. A vehicle is apparently inoperable if it is not equipped in order to meet the equipment requirements of Chapter 337 and/or it has not been moved for a period of seventy-two consecutive hours.
(Ord. 2002-106. Passed 7-29-02.)
(5) “Litter” means junk, garbage, refuse, rubbish which includes, but is not limited to, any of the following whether or not said item or material maybe put to reasonable use: parts of machinery or parts of motor vehicles, tires, unused furniture, stoves, refrigerators or other appliances, remnants of wood or metal, junk automobiles defined herein, putrescible animal and vegetable waste resulting from the handling, preparation, cooking or consumption of food, putrescible and non- putrescible solid waste including but not limited to garbage, rubbish, ashes, street cleanings, dead animals, and solid market and industrial waste, non-putrescible waste consisting of both combustible and non- combustible waste such as paper, wrappings, cardboard, tin cans, wood, glass bedding, crockery and similar materials.
(6) “Newspaper” means any newspaper of general circulation as defined by general law, any newspaper duly entered with the United States Postal Service, in accordance with Federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by genera 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.
(7) “Noncommercial handbill” means any printed or written matter, any sample, or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or any other printed or otherwise reproduced original or copies of nay matter of literature not included in the definitions of a commercial handbill or newspaper.
(8) “Park” means a park, playground, recreation center or any other public area in the Village, owned or used by the Village and devoted to recreation.
(9) “Person” means any person, firm, partnership, association, corporation, company or organization of any kind.
(10) “Private premises” means any dwelling, house, building or other structure, designed or used or intended to be used either wholly or in part for private residential purposes, whether inhabited or uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, outbuildings, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure.
(11) “Public place” means any and all streets, sidewalks, alleys or other public ways and any and all public parks, squares, spaces, grounds, parking lots and buildings.
(12) “Vehicle” means any device in, upon or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks.
(Ord. 2002-104. Passed 6-24-02.)