(a) Purpose and Intent. The purpose of this Chapter is to reduce public exposure to health risks where trained law enforcement officers have determined that hazardous chemicals from a suspected clandestine drug lab site or associated dumpsite may exist. The City Council finds that such sites may contain suspected chemicals and residues that place people, particularly children or adults of child bearing age, at risk when exposed through inhabiting or visiting the site, now and in the future.
(b) Interpretation and Application. The provisions of this Chapter shall be construed to protect the public health, safety and welfare.
(1) Where the conditions imposed by any provisions of this Chapter are either more or less restrictive than comparable provisions imposed by any other law, ordinance, statute, or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall prevail.
(2) Should any court of competent jurisdiction declare any section or subpart of this Chapter to be invalid, such decision shall not affect the validity of the Chapter as a whole or any part thereof, other than the provision declared invalid.
(c) Fees. Fees for the administration of this Chapter may be established and amended periodically by the City Administration.
(d) For the purpose of this Chapter, the following terms shall have the meanings as provided below:
(1) Box Lab shall mean any illegal methamphetamine manufacturing laboratory that is portable, including but not limited to motor vehicles used as an illegal methamphetamine manufacturing laboratory.
(2) Child shall mean any person less than eighteen (18) years of age.
(3) Chemical dumpsite shall mean any place or area where chemicals or other waste materials used in a clandestine lab have been located.
(4) Clandestine drug lab shall mean the unlawful manufacture or attempt to manufacture controlled substances. Clandestine drug lab site shall mean any place or area where law enforcement has determined that conditions associated with the operation of a clandestine drug lab exist. A clandestine drug lab site may include dwellings, accessory buildings, accessory structures, a chemical dumpsite or any land, vehicles and trailers.
(5) Controlled substance shall mean a drug, substance or immediate precursor in Schedules I through V of the Ohio R.C. 3719.41. The term does not include distilled spirits, wine, malt beverages, intoxicating liquors or tobacco.
(6) Household hazardous wastes and/or hazardous wastes shall mean waste generated from a clandestine drug lab including, but not limited to, illegal methamphetamine manufacturing laboratories. Such wastes shall be treated, stored, transported or disposed of in a manner consistent with all federal, state and local regulations.
(7) Illegal methamphetamine manufacturing laboratory has the same meaning as in Ohio R.C. 3745.13.
(8) Illegal methamphetamine manufacturing laboratory site shall mean any place or area where law enforcement has determined that the conditions associated with the operation of an illegal methamphetamine manufacturing laboratory exist. Conditions associated with the operation of an illegal methamphetamine manufacturing laboratory include, but are not limited to, the existence of an illegal methamphetamine manufacturing laboratory, a box lab, or chemical dumpsite or the storage of chemicals used in the production of methamphetamine. An illegal methamphetamine manufacturing laboratory site may include dwellings, accessory buildings, accessory structures, motor vehicles, trailers, or any land.
(9) Manufacture, in places other than a pharmacy or a licensed pharmaceutical manufacturing facility, means and includes the production, cultivation, quality control, and standardization, by mechanical, physical, chemical or pharmaceutical means, packing, repacking, tableting, encapsulating, labeling, relabeling, filling, or by process, of controlled substances.
(10) Methamphetamine has the same meaning as in Ohio R.C. 3745.13.
(11) Owner shall mean any person, firm or corporation who owns, in whole or in part, the land, Building or structures associated with a clandestine drug lab site or chemical dumpsite.
(12) Public health nuisance includes all dwellings, accessory structures and buildings, associated with a clandestine drug lab site that are potentially unsafe due to health hazards.
(13) Transfers of residential property shall mean the transfer or conveyance of any interest in real property by sale, lease, gift or land contract. Real property shall include any buildings or structures located on property.
(Ord. 2012-103. Passed 5-7-12.)