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Wintersville Overview
Codified Ordinances of Wintersville, OH
CODIFIED ORDINANCES OF THE CITY OF WINTERSVILLE, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 1995-36
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
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521.05 NOTICE TO FILL LOTS, REMOVE PUTRID SUBSTANCES.
   (a)   No person shall fail to comply with the following requirements within the lawful time after service or publication of the notice or resolution is made as required by law:
   To fill or drain any lot or land or remove all putrid substances therefrom, or remove all obstructions from culverts, covered drains or natural watercourses as provided in Ohio R.C. 715.47.
 
   (b)   Whoever violates this section is guilty of a minor misdemeanor.
 
521.06 DUTY TO KEEP SIDEWALKS IN REPAIR AND CLEAN.
   (a)   For the purpose of this section the following definitions shall apply:
      (1)   "Contractor" means any person, firm, or corporation contracting to supply materials or perform work or labor for another person, firm or corporation.
      (2)   Sub-contractor" means any person, firm, or corporation assuming by secondary contract some or all of the obligations of an original contractor.
      (3)   "Occupant" means any person or persons exercising the supervisory administration of any occupied premises whether residential or commercial of the owner in the event of an unoccupied premises.
 
   (b)   Sidewalks shall be maintained free of deposits of ice and/or snow by the occupant.
 
   (c)   No person, firm, or corporation shall pile, deposit, place or cause permit to be piled, deposited or placed, any snow, rubbish, wood, dirt, merchandise, or any obstruction of any kind, upon any sidewalk, street, highway or alley, within the Municipality.
 
   (d)   No contractor or sub-contractor contracting or sub-contracting to supply materials or perform work or labor for a stipulated sum for the management of accumulations of ice and/or snow on any premises shall pile, deposit, place or caused to be piled, deposited or placed, any ice and/or snow from the accumulations upon any sidewalk, street, highway or alley within the Municipality.
 
   (e)   Contractors and/or sub-contractors contracting or subcontracting to supply material or perform work or labor for a stipulated sum for the management of accumulations of snow and/or ice on any premises shall obtain a permit from the Code Enforcement Officer. The permit required shall be renewed yearly and shall commence on January 1 and terminate on December 31 of any calendar year. There shall be a fee of ten dollars ($10.00) per year to be paid upon the issuance of the permit. Contractors who are in possession of a valid permit issued for the performance of providing materials, work or labor within the Municipality shall be exempted from this fee.
   (f)   Any contractor, sub-contractor or occupant who violates any provision of this section shall be deemed guilty of a minor misdemeanor.
   (g)   Each day that the offense shall continue shall be deemed a separate and distinct offense.
(Ord. 1985-36. Passed 12-17-85; Ord. 2023-09. Passed 4-20-23.)
 
521.07 FENCES AROUND AUTOMOBILE STORAGE.
   (a)   Every gasoline service station, auto body shop, auto repair facility, auto storage facility, or any other business which as part of its regular business stores automobiles or any other motor vehicles either for repair, reclaiming by the owners or for resale shall have a fence erected around said area which will be used for storage.
 
   (b)   For purposes of this section, a fence is hereby defined as follows:
"Fence" means a barrier at least six feet in height, constructed of non-transparent material, of such design and material which shall be deemed as being aesthetically acceptable to the Planning Commission of the Municipality, and maintained so as to obscure the stored vehicles from the ordinary view of persons passing upon highways, roads and streets within the Municipality.
 
   (c)   This section shall apply to any of the above named facilities which shall be built or in which construction is begun after the passage of this section.
(Ord. 1980-55. Passed 12-16-80.)
 
   (d)   Whoever violates this section is guilty of a misdemeanor of the fourth degree.
 
521.08 LITTERING AND DEPOSIT OF GARBAGE, RUBBISH, JUNK, ETC; REWARD FEE.
   (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 him, 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; or
      (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 him, 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 he 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 may reasonably 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 may reasonably 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 his 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.
   (h)   (1)   Council hereby authorizes and directs the Fiscal Officer to pay a reward of twenty-five dollars ($25.00) to persons certified as having aided in the apprehension and conviction of individuals charged with littering.
      (2)   The reward shall be paid upon the occurrance of the following conditions:
         A.   The person to whom the reward is to be paid shall have taken an active role in the apprehension, charging and conviction of a person charged with littering. Said role shall include, but be not limited to charging an individual with littering and testifying at trial on said violation.
         B.   The Mayor's Court shall certify to the Fiscal Officer in writing that the conditions of the reward have been met and that payment to said individual is authorized.
            (Ord. 1982-40. Passed 10-19-82.)
521.09 NOXIOUS OR OFFENSIVE ODORS.
   (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)
 
   (b)   Whoever violates this section is guilty of a misdemeanor of the third degree.
 
521.10 NONSMOKING AREAS IN PLACES OF PUBLIC ASSEMBLY.
   (a)   As used in this section, "place of public assembly" means:
      (1)   Enclosed theaters, except the lobby; opera houses; auditoriums; classrooms; elevators; rooms in which persons are confined as a matter of health care, including but not limited to a hospital room and a room in a rest home serving as the residence of a person living in such rest home;
      (2)   All buildings and other enclosed structures owned by the State,its agencies or political subdivisions, including but not limited to hospitals and State institutions for persons with mental illness and persons with intellectual disabilities; university and college buildings, except rooms within those buildings used primarily as the residences of students or other persons affiliated with the university or college; office buildings; libraries; museums; and vehicles used in public transportation. That portion of a building or other enclosed structure that is owned by the State, a State agency or a political subdivision and that is used primarily as a food service establishment is not a place of public assembly.
      (3)   Each portion of a building or enclosed structure that is not included in subsection (a)(1) or (2) hereof is a place of public assembly if it has a seating capacity of fifty or more persons and is available to the public. Restaurants, food service establishments, dining rooms, cafes, cafeterias or other rooms used primarily for the service of food, as well as bowling alleys and places licensed by the Department of Liquor Control to sell intoxicating beverages for consumption on the premises, are not places of public assembly.
   (b)   For the purpose of separating persons who smoke from persons who do not smoke for the comfort and health of persons not smoking, in every place of public assembly there shall be an area where smoking is not permitted, which shall be designated a no smoking area. Provided that, no more than one-half of the rooms in any health care facility in which persons are confined as a matter of health care may be designated as smoking areas in their entirety. The designation shall be made before the place of public assembly is made available to the public. In places included in subsection (a)(1) hereof the local fire authority having jurisdiction shall designate no smoking area. In places included in subsection (a)(2) hereof that are owned by the Municipality, Council shall designate an officer who shall designate the area. In places included in subsection (a)(3) hereof, the person having control of the operations of the place of public assembly shall designate the no smoking area. In places included in subsection (a)(2) hereof which are also included in subsection (a)(1) hereof, the officer who has authority to designate the area in places in subsection (a)(2) hereof shall designate the no smoking area. A no smoking area may include the entire place of public assembly. Designations shall be made by the placement of signs that are clearly visible and that state "NO SMOKING". No person shall remove signs from areas designated as no smoking areas.
 
   (c)   This section does not affect or modify the prohibition contained in Ohio R.C. 3313.751(B).
 
   (d)   No person shall smoke in any area designated as a no smoking area in accordance with subsection (b) hereof or Ohio R.C. 3791.031.
 
   (e)   Whoever violates this section is guilty of a minor misdemeanor.
(ORC 3791.031)
 
521.11 SCAVENGING PROHIBITED.
   (a)   No person, without having first obtained written consent of the owner, tenant, lessee or occupant of any dwelling unit shall remove or carry away any garbage or rubbish as defined in the municipal sanitation ordinance from any solid waste receptical unless said person has the consent of the owner, tenant, lessee or occupant of the dwelling to do so.
 
   (b)   Whoever violates this section is guilty of a minor misdemeanor.
 
   (c)   For purposes of this section, each act of scavenging shall be deemed to be a separate offense.
(Ord. 1992-16. Passed 4-21-92.)
 
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