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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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521.10 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.)
 
521.12 PLACING SNOW, LEAVES OR TOP SOIL IN STREETS.
   (a)   It shall be unlawful to create a hazard in the streets such as:
      (1)   Throwing snow into the streets that have been plowed.
      (2)   Throwing leaves or yard cuttings into the streets.
      (3)   Placing or throwing top soil into the streets.
 
   (b)   Whoever creates a hazard as provided in subsection (a) hereof is guilty of a minor misdemeanor for each offense.
(Ord. 1994-05. Passed 3-1-94.)
 
521.13 LOT CLEAN-UP.
   The procedures for the enforcement of the lot clean-up ordinances of the Municipality shall be as follows:
   (a)   Information regarding a lot which is out of compliance shall be forwarded to the proper committee of Council.
   (b)   An individual of the committee investigates to see if the property is in fact out of compliance.
   (c)   The member of the committee reports his findings to the entire committee.
   (d)   If the lot is out of compliance, the committee votes to send a letter to the property owner signed by the committee chairman or in the absence of the chairman, a member of the committee.
   (e)   If the lot has not been cleaned up within the proper time, the committee, through the chairman or one of its members, files the complaint for violation of the ordinance against the property owner.
   (f)   The Police Department serves a copy of the complaint and warrant citing the property owner into Mayor's Court.
      (Ord. 1984-21. Passed 5-15-84.)
 
521.14 SPREADING CONTAGION.
   (a)   No person, knowing or having reasonable cause to believe that the person has a dangerous, contagious disease, shall knowingly fail to take reasonable measures to prevent exposing self to other persons, except when seeking medical aid.
   (b)   No person, having charge or care of a person whom the person having charge or care knows or has reasonable cause to believe has a dangerous, contagious disease, shall recklessly fail to take reasonable measures to protect others from exposure to the contagion, and to inform health authorities of the existence of the contagion.
   (c)   No person, having charge of a public conveyance or place of public accommodation, amusement, resort or trade, and knowing or having reasonable cause to believe that persons using such conveyance or place have been or are being exposed to a dangerous, contagious disease, shall negligently fail to take reasonable measures to protect the public from exposure to the contagion, and to inform health authorities of the existence of the contagion.
(ORC 3701.81)
   (d)   Whoever violates this section is guilty of a misdemeanor of the second degree.
(ORC 3701.99(C))
521.99 PENALTY.
   (EDITOR'S NOTE: See Section 501.99 for penalties applicable to any misdemeanor classification.)