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(A) The use of a brazier, salamander, space heater, room heater, furnace, water heater or other burner or heater using wood, coal, coke, fuel oil, kerosene, gasoline, natural gas, liquid petroleum gas or similar fuel, and tending to give off carbon monoxide or other harmful gases must comply with the following provisions:
(1) When used in living quarters, or in any enclosed building or space in which persons are usually present, shall be used with a flue or vent so designed, installed and maintained as to vent the products of combustion outdoors; except in storage, factory or industrial buildings which are provided with sufficient ventilation to avoid the danger of carbon monoxide poisoning; and
(2) When used as a portable or temporary burner or heater at a construction site, or in a warehouse, shed or structure in which persons are temporarily present, shall be vented as provided in division (A)(1) above or used with sufficient ventilation to avoid the danger of carbon monoxide poisoning.
(B) This section does not apply to domestic ranges, laundry stoves, gas logs installed in a fireplace with an adequate flue or hot plates, unless the same are used as space or room heaters.
(C) No person shall negligently use, or, being the owner, person in charge or occupant of premises, negligently permit the use of, a burner or heater in violation of the standards for venting and ventilation provided in this section.
(D) Division (A) above does not apply to any kerosene-fired space or room heater that is equipped with an automatic extinguishing tip-over device, or to any natural gas-fired or liquid petroleum gas-fired space or room heater that is equipped with an oxygen depletion safety shut-off system, and that has its fuel piped from a source outside the building in which it is located, that are approved by an authoritative source recognized by the State Fire Marshal in the State Fire Code adopted by him or her under R.C. § 3737.82.
(E) The State Fire Marshal may make rules to ensure the safe use of unvented kerosene, natural gas or liquid petroleum gas heaters exempted from division (A) above when used in assembly buildings, business buildings, high hazard buildings, institutional buildings, mercantile buildings and type R-1 and R-2 residential buildings, as these groups of buildings are defined in rules adopted by the Board of Building Standards under R.C. § 3781.10. No person shall negligently use, or, being the owner, person in charge or occupant of premises, negligently permit the use of, a heater in violation of any rules adopted under this division.
(F) The State Fire Marshal may make rules prescribing standards for written instructions containing ventilation requirements and warning of any potential fire hazards that may occur in using a kerosene, natural gas or liquid petroleum gas heater. No person shall sell or offer for sale any kerosene, natural gas or liquid petroleum gas heater unless the manufacturer provides with the heater written instructions that comply with any rules adopted under this division.
(G) No product labeled as a fuel additive for kerosene heaters and having a flash point below 100°F or 37.8°C shall be sold, offered for sale or used in any kerosene space heater.
(H) No device that prohibits any safety feature on a kerosene, natural gas or liquid petroleum gas space heater from operating shall be sold, offered for sale or used in connection with any kerosene, natural gas or liquid petroleum gas space heater.
(I) No person shall sell or offer for sale any kerosene-fired, natural gas or liquid petroleum gas-fired heater that is not exempt from division (A) above, unless it is marked conspicuously by the manufacturer on the container with the phrase “Not Approved For Home Use”.
(J) No person shall use a cabinet-type, liquid petroleum gas-fired heater having a fuel source within the heater, inside any building, except as permitted by the State Fire Marshal in the State Fire Code adopted by him or her under R.C. § 3737.82.
(R.C. § 3701.82)
(K) Whoever violates this section is guilty of a misdemeanor of the first degree.
(R.C. § 3701.99(B))
(Prior Code, § 9.14.13) Penalty, see § 91.99
(A) (1) Excessive noises. No person or organization shall engage in any performance or use any electronic device in any manner as to create a public disturbance or operate or permit the operation of any sound amplification system from within a vehicle so that the sound is plainly audible at a distance of 50 or more feet from the vehicle.
(2) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PLAINLY AUDIBLE. Any sound produced by a sound amplification system from within the vehicle which clearly can be heard from a distance of 50 feet or more. Measurement standards shall be by the auditory senses, based upon direct line of sight. Words or phrases need not be discernable and base reverberations are included. The motor vehicle may be stopped, standing, parked or moving on a street, highway, alley, parking lot or driveway.
PUBLIC DISTURBANCE. Loud music revelry, or electronically reproduced sound done or created at a time and a place, or in a manner so as to create a substantial likelihood of disturbing the public’s reasonable expectation of peace and quiet.
SOUND AMPLIFICATION SYSTEM. Any radio, tape player, compact disc player, loud speaker or other electronic device used for amplification of the human voice and/or musical instrument.
(B) It is an affirmative defense to charge under this section that the operator was not otherwise prohibited by law from operating the sound amplification system, and that any of the following apply:
(1) A system was being operated to request medical or vehicular assistance or to warn of a hazardous road condition;
(2) The vehicle was an emergency or public safety vehicle;
(3) The vehicle was owned and operated by the city or gas, electric, communications or refuse company; or
(4) The vehicle was used in authorized public activities, such as parades, fireworks, sports events, musical productions and other activities which have the approval of the department of the city authorized to grant such approval.
(C) Such offenses shall be a minor misdemeanor.
(D) No person who owns, rents, leases or has control of or possession of any lot, business, property, house, rental unit, house trailer, mobile home, room apartment or any other vehicle or place used for human habitation, shall negligently allow said lot, business, property, house, rental unit, house trailer, mobile home, room, apartment or any other place or vehicle used for human habitation to be used in a manner which produces or disseminates unreasonable noises or in a manner that breaches the peace of the neighborhood in which it is located.
(1) It shall be prima facie evidence of using property to disturb the peace when a police officer, in good faith effort to enforce this section, notifies the offender that, in the police officer’s judgment, the offender is producing or disseminating unreasonable noises or is breaching the peace of the neighborhood and the offender, once notified, continues producing or disseminating unreasonable noises or breaches the peace of the neighborhood after such notice by the police officer.
(2) Nothing in this section shall be construed to zone use of property or land to certain uses.
(Prior Code, § 9.14.15) Penalty, see § 91.99
(A) All exterior property areas and premises located within the city shall be maintained in a clean, safe and sanitary condition, free from any accumulation of garbage, refuse, rubbish, special rubbish or litter otherwise in violation of §§ 53.03, 53.12, 91.03 and/or 91.12 or other applicable sections as herein established or amended.
(B) No owner, operator, agent, tenant, lease holder, firm, corporation or entity capable of holding title of real property or premises within the city shall maintain or permit to be maintained at, or on, the exterior property areas of such premises any condition which deteriorates or debases the appearance of the neighborhood; adversely alters the appearance and general character of the neighborhood; creates a fire, safety or health hazard; or is a public nuisance, including, but not limited to:
(1) Broken or dilapidated fences, walls or other structures in disrepair;
(2) Out of use, unusable, discarded or inoperable appliances;
(4) Display of vending machines in single-family residential zones, on property in any zone where the primary use is single-family residential or on the sidewalks of the public square in accordance with Ordinance 29-86;
(5) Broken, dilapidated, discarded or unusable furniture, including, but not limited to, mattresses, box springs, bed frames or upholstered furniture intended for indoor use;
(6) Used building material, including floor coverings and carpet, stored on a lot where the material is not being used in association with repairs or construction;
(7) The storage of materials in boxes, bags, sacks or containers, kept on open porches or outside a completely enclosed building or other materials that contribute to neighborhood blight;
(8) Conditions described in § 91.01; or
(9) Conditions described in § 91.06.
(Prior Code, § 9.14.16) Penalty, see § 91.99
NUISANCE STRUCTURES
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
STRUCTURE UNIT FOR HUMAN OCCUPANCY. A structure that is unsafe, or because of the degree in which it lacks maintenance or is in disrepair; is unsanitary; vermin or rat infested; contains filth and contamination; or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment, or because its location constitutes a hazard to it occupants or to the public.
UNREASONABLE REPAIRS. When the cost of repair to a structure would exceed 100% of the County Auditor’s true value of such structure; such repairs shall be presumed unreasonable.
UNSAFE EQUIPMENT. Any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid or containers, or other equipment on the premises or within the structure which is in such disrepair or condition that it is found to be a hazard to life, health, property or safety of the public or occupants of the premises or structure. UNSAFE EQUIPMENT may contribute to the finding that a structure is unsafe or unfit for human occupancy or use.
UNSAFE STRUCTURE. One in which all or part thereof is found to be dangerous to life, health, property or the safety of the public or its occupants because it is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable condition that it is likely to partially or completely collapse.
(Prior Code, § 9.15.01.01)
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