(a) Definitions. As used in this section:
(1) "Waste material" means any material which has been discarded or abandoned, or any material no longer in use. Without limiting the generality of the foregoing, waste material includes junk, waste boxes, cartons, plastic or wood scraps or shavings, waste paper and paper products, and other combustible materials or substances no longer in use or, if unused, those discarded or abandoned; metal or ceramic scraps or pieces of all types, glass and other noncombustible materials or substances no longer in use or, if unused, those discarded or abandoned; machinery, appliances or equipment, or parts thereof, no longer in use or, if unused, those discarded or abandoned.
(2) "Junk" includes abandoned, inoperable, partially dismantled or wrecked vehicles of any kind, whether motor vehicle, automobile, motorcycle, emergency vehicle, school bus, bicycle, commercial tractor, agricultural tractor, house trailer, truck, bus, trailer, semitrailer, pole trailer, railroad train, railroad car, street or trackless trolley, aircraft, lighter-than-aircraft, watercraft or any other form of device for the transportation of persons or property. Without limiting the generality of the foregoing, with respect to any automobile or other transportation device of any kind, the operation of which requires issuance of a license by the United States Government or any agency thereof, or by the State of Ohio or any agency or political subdivision thereof, any such automobile or other transportation device shall be deemed to be junk, unless a current valid license has been issued for the operation of such automobile or other transportation device and, if required by law, is displayed upon such automobile or other transportation device.
(b) Enforcement; Right of Entry for Inspection. The Director of Safety, the Building Inspector, the Fire Chief and any other officer or employee in the Fire or Police Department or the Service Department who may, from time to time, be authorized, are hereby authorized to enter and inspect, at all reasonable times, any premises and building in the Village in order to determine if such premises are in compliance with the requirements of subsection (c) to (e) hereof. The owner, occupant or person in possession of such premises or building shall permit any such director, officer or employee free access to any part of such premises or building, at all reasonable times, for the purposes of such inspection.
(c) Deposits or Accumulations. No person shall, within the city, deposit or leave garbage, waste, waste paper, newspaper, paper products, putrid substances, junk, refuse oil, sludge or other waste materials on any public property or in any lake, pond, watercourse or storm sewer. No person, except as provided in subsection (d) hereof, who is the owner, occupant or person in possession of any property within the Village, shall deposit or permit to remain, or permit any other person to deposit, any of such materials on such property.
(d) Exceptions. This section does not prohibit:
(1) The collection and disposal of garbage and refuse by the Village. However, no such disposal shall be so conducted as to constitute a nuisance, in violation of Ohio R.C. 3707.39.
(2) The conduct of the business of junk dealer pursuant to a license granted by the Village.
(3) The keeping, by any person who is the owner, occupant or person in possession of any property, of such garbage and refuse as accumulates on such property from the last Village garbage and rubbish collection available for such property, provided that any such garbage is kept in receptacles meeting the requirements of subsection (e) hereof. Such receptacles, except from sunset on the day prior to the day scheduled for Village garbage and rubbish collection for such property, shall be kept behind the setback building line established by the Zoning Code and the Zone Map of the Village for such property.
(4) The keeping of waste material, including garbage and putrid substances, wholly within a weathertight, watertight and rodentproof structure which is subject to the provisions of, and in conformity with the requirements of, the Building and Housing Code.
(5) Building construction activities, including the construction, location and use of vehicles and other equipment on or in connection with any such temporary facilities, provided such building construction activities are in conformity with the provisions of the Zoning Code and the Zone Map of the Village, and are in conformity with any rules and regulations issued by the Planning Commission.
(e) Receptacles. Receptacles for garbage shall be made of metal, rubber, plastic, authorized paper bags or other nonabsorbent material, and shall be of such maximum capacity as may be determined by the Director of Safety.
(f) Nuisances; Abatement. A violation of any provision of subsections (c) to (e) hereof shall constitute a nuisance, and, in addition to any penalty provided in subsection (g) hereof, the nuisance may be abated in the manner provided now or in the future by the statutes of Ohio or pursuant to these Codified Ordinances.
(g) Penalty. Whoever violates any provision of this section, or fails to comply therewith, shall, for each violation or noncompliance, be deemed guilty of a minor misdemeanor for a first offense and, for a second or subsequent offense within one year, be deemed guilty of a misdemeanor of the fourth degree. Each day of any violation or failure to comply shall constitute a separate offense. The penalty shall be as provided in Section 698.02.
(Ord. 91-2-4. Passed 4-2-91.)