(a) It is the purpose of this section to provide for the public health, safety, general welfare, and esthetic of the right-of-way by preventing objects which obstruct the right-of-way, limit the visibility of drivers along public streets and ways, and visually clutter the rights-of-way in the City, and inhibit the creation of a unified streetscape in the City. It is the intention of this section to provide legitimate time, place and manner restrictions of speech and other constitutionally protected behavior for the purpose of advancing the goals hereby specified in this section.
(b) No person shall knowingly affix, place, keep, or maintain any object within the public right-of-way.
(c) It shall be the responsibility for the person placing an object near the right-of-way to determine whether or not the object is within the public right-of-way.
(d) Any object found in the public right-of-way shall be removed by the City and disposed of as provided for herein.
(e) Any object permanently affixed within the public right-of-way shall be removed with cost charged to the owner.
(f) For the purpose of this section, the term "object" shall mean any manmade tangible or visible matter.
(g) This section does not apply to the following:
(1) Traffic control or directional devices conforming to the applicable Ohio Department of Transportation standards for such devices;
(2) United States Postal Service approved mailboxes;
(3) Trash containers temporarily placed in the right-of-way for collection;
(4) Objects installed by the City of Trotwood or in conjunction with the City of Trotwood including to but not limited to fire hydrants and emergency devices, benches, bicycle racks and storage lockers, trash containers, street lighting, and parking meters;
(5) Public utility fixtures installed by a utility provider;
(6) Cars legally parked in accordance with the provisions of the parking regulations; and
(h) Any objects found in the right-of-way and not retrieved by the owner shall be disposed of after thirty (30) days in accordance with the guidelines established by the Code Enforcement Officer.
(i) Whoever violates this section is guilty of a minor misdemeanor. The owner of objects found in violation of this Chapter and stored by the City may retrieve their property after paying a storage fee in the amount not to exceed fifty ($50) dollars for each object removed from the public right-of-way.
(Ord. 13-07. Passed 6-4-07.)