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(a) No person, regardless of intent, shall deposit litter or cause litter to be deposited on any public property, on private property not owned by the person, or in or on waters of the State, or Municipality, unless one of the following applies:
(1) The person is directed to do so by a public official as part of a litter collection drive;
(2) Except as provided in subsection (b) hereof, the person deposits the litter in a litter receptacle in a manner that prevents its being carried away by the elements;
(3) The person is issued a permit or license covering the litter pursuant to Ohio R. C. Chapter 3734 or 6111.
(b) No person, without privilege to do so, shall knowingly deposit litter, or cause it to be deposited, in a litter receptacle located on any public property or on any private property not owned by the person, unless one of the following applies:
(1) The litter was generated or located on the property on which the litter receptacle is located.
(2) The person is directed to do so by a public official as part of a litter collection drive.
(3) The person is directed to do so by a person whom the person reasonably believes to have the privilege to use the litter receptacle.
(4) The litter consists of any of the following:
A. The contents of a litter bag or container of a type and size customarily carried and used in a motor vehicle;
B. The contents of an ash tray of a type customarily installed or carried and used in a motor vehicle;
C. Beverage containers and food sacks, wrappings and containers of a type and in an amount that reasonably may be expected to be generated during routine commuting or business or recreational travel by a motor vehicle;
D. Beverage containers, food sacks, wrappings, containers and other materials of a type and in an amount that reasonably may be expected to be generated during a routine day by a person and deposited in a litter receptacle by a casual passerby.
(c) (1) As used in subsection (b)(1) hereof, "public property" includes any private property open to the public for the conduct of business, the provision of a service, or upon the payment of a fee but does not include any private property to which the public otherwise does not have a right of access.
(2) As used in subsection (b)(4) hereof, "casual passerby" means a person who does not have depositing litter in a litter receptacle as the person’s primary reason for traveling to or by the property on which the litter receptacle is located.
(d) As used in this section:
(1) “Auxiliary container” means a bag, can, cup, food or beverage service item, container, keg, bottle, or other packaging to which all of the following apply:
A. It is designed to be either single use or reusable.
B. It is made of cloth, paper, plastic, foamed or expanded plastic, cardboard, corrugated material, aluminum, metal, glass, postconsumer recycled material, or similar materials or substances, including coated, laminated, or multilayered substrates.
C. It is designed for consuming, transporting, or protecting merchandise, food, or beverages from or at a food service operation, retail food establishment, grocery, or any other type of retail, manufacturing, or distribution establishment.
(2) “Deposit” means to throw, drop, discard, or place.
(3) “Litter” includes garbage, trash, waste, rubbish, ashes, cans, bottles, wire, paper, cartons, boxes, automobile parts, furniture, glass, auxiliary containers, or anything else of an unsightly or unsanitary nature.
(4) “Litter receptacle” means a dumpster, trash can, trash bin, garbage can, or similar container in which litter is deposited for removal.
(ORC 3767.32)
(e) No person shall cause or allow litter to be collected or remain in any place to the damage or prejudice of others or of the public, or unlawfully obstruct, impede, divert, corrupt or render unwholesome or impure, any natural watercourse.
(f) Whoever violates any provision of subsections (a) to (d) hereof, is guilty of a misdemeanor of the third degree. The sentencing court may, in addition to or in lieu of the penalty provided in this subsection require a person who violates subsections (a) to (d) hereof to remove litter from any public or private property, or in or on any waters.
(ORC 3767.99(C))
(g) Whoever violates subsection (e) hereof is guilty of a minor misdemeanor.
(a) No person shall erect, continue, use or maintain a dwelling, building, structure or place for a residence or for the exercise of a trade, employment or business, or for the keeping or feeding of 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.
(ORC 3767.13)
(ORC 3767.13)
(b) Whoever violates this section is guilty of a misdemeanor of the third degree.
(a) No person shall smoke or carry a lighted cigar, cigarette or pipe or other tobacco product in any City-owned or leased public building or vehicle.
(b) Regulation size signs (lettering 4" high) (NO SMOKING) shall be posted at eye level at each exterior door, at stairs or elevators.
(c) Whoever violates this section is guilty of a minor misdemeanor.
(Ord. 38-1993. Passed 3-22-93.)
(a) Smoking is hereby prohibited in the Oregon Recreational Facility also known as the William P. Coontz Athletic Complex as defined in Section 521.101
(f)(l), except in the designated parking lots at or within the Complex.
(b) Smoking is hereby prohibited in any restroom, bathroom, storage shed, or any structure located at the William P. Coontz Athletic Complex, wherein the sole recreational activity occurring on said property is softball, baseball, football or soccer.
(c) No person found to be smoking in the Oregon Recreational Facility also known as the William P. Coontz Athletic Complex shall fail to immediately cease said activity when requested to do so by the Mayor, Service Director, Safety Director, Recreational Director, Police Officer, or person charged with management or care of any City-owned park or property, including a baseball or softball umpire or soccer official.
(d) Lack of intent to violate a provision of this chapter shall not be a defense to a violation.
(e) The provisions of this chapter shall be liberally construed so as to further its purpose of protecting public health and shall prevail over any less restrictive State or local laws or regulations. Nothing in this chapter shall be construed to permit smoking where it is otherwise prohibited by other laws or regulations.
(f) As used in this section:
(1) "The Oregon Recreational Facility also known as William P. Coontz Athletic Complex"" means and refers to , playing fields, concession stands, dugouts, bench areas, restrooms, or places provided for access to City-owned property, the William P. Coontz Athletic Complex, wherein the primary activity occurring on said property is softball, baseball, football or soccer
(2) "Smoking" means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, or other lighted smoking device for burning tobacco or any other plant or alternative nicotine product, including electronic cigarettes. "Smoking" does not include the burning of incense in a religious ceremony.
(3) "Alternative nicotine product" means, subject to division (A)(l ), an electronic cigarette or any other product or device that consists of or contains of or contains nicotine that can be ingested into the body by any means, including, but not limited to, chewing, smoking, absorbing, dissolving, or inhaling.
A. "Alternative nicotine product" does not include any of the following:
1. Any cigarette or other tobacco product;
2. Any product that is a "drug" as that term is defined in 21 U.S.C. 32l(g)(l).
3. Any product that is a "device" as that term is defined in 21 U.S.C. 32l(h)
4. Any product that is a "combination product" as described in 21 U.S.C. 353(g).
(4) "Electronic Cigarette" means subject to division (d)(l)of this section, any electronic product or device that produces vapor that delivers nicotine or any other substance to the person inhaling from the device to simulate smoking and that is likely to be offered to or purchased by consumers as an electronic cigarette, electronic cigar, electronic cigarillo, or electronic pipe.
A. "Electronic Cigarette" does not include any item, product, or device described in division (A) 1 to 4 of this section.
(g) Whoever violates this section is guilty of smoking in public places prohibited, a minor misdemeanor.
(Ord. 086-2016. Passed 6-27-16.)
(a) No person shall abandon, store or permit the storage of a junked or abandoned vehicle. A junked or abandoned motor vehicle means a motor vehicle meeting both of the following requirements:
(1) Kept outside on the owner’s private property for forty-eight hours or longer; left on private property for twenty-four hours or longer without the permission of the person having the right to the possession of the property; on a public street or other property open to the public for purposes of vehicular travel or parking; or upon or within the right-of- way of any road or highway, for eighteen hours or longer;
(2) Extensively damaged, such damage including but not limited to any of the following: deflated, wrecked, or missing tires or rims; missing or wrecked body parts; broken or missing headlights, taillights or brake lights; broken, cracked or missing windows or windshields; missing all or a part of the motor or transmission.
(b) No person shall abandon, store or permit the outside storage of any vehicle incapable of being operated within the City. A vehicle is incapable of operation if meeting any of the following:
(1) It is not currently registered;
(2) It is not mechanically operable;
(3) It is not apparently operable due to extensive damage including but not limited to any of the following: deflated, wrecked, or missing tires or rims; missing or wrecked body parts; broken or missing headlights, taillights or brake lights; broken, cracked or missing windows or windshields; missing all or a part of the motor or transmission.
(c) Whoever violates this section is guilty of a misdemeanor of the fourth degree. The record owner of any property on which an abandoned or junked vehicle is stored or located, and the owner of the vehicle, on the receipt of written notice from the Mayor or the Chief of Police, shall within the time stated in the notice remove the abandoned or junked vehicle or correct the condition stated in the notice. Should the owner, after such service, and the lapse of time therein stated, fail, refuse, or neglect to remove the vehicle or correct such condition, the Mayor or the Chief of Police shall cause such work to be done as may be required for the preservation of the life, health, comfort and property of the public. This section does not apply to commercial garages, scrap processors or automobile wreckers, repair shops or vehicles undergoing repairs at commercial repair shops.
(Ord. 059-2003. Passed 4-14-03.)
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