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029-98 OrdinanceRECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No._______.-____ 29-98 Amended - - -- Passed- - ---..------ --------- - --19-- -- AN ORDINANCE AMENDING SECTIONS §94.05, §94.99(C), AND §94.99(D) OF THE CODIFIED ORDINANCES OF THE CITY OF DUBLIN FOR THE PREVENTION AND REMOVAL OF LITTER AND ESTABLISHING APPROPRIATE PENALTIES WHEREAS, the City of Dublin, Ohio (the "City") is vitally concerned with preservation of public peace, health, safety and welfare of its citizens, and; WHEREAS, the operation of the provisions of this ordinance will help maintain a clean and safe living environment for the citizens of Dublin and to its visitors. WHEREAS, litter degrades the community and leads to urban blight; is inconsistent with the city's property maintenance goals and aesthetic standards; and WHEREAS, Council finds that incidents of littering have been increasing within the City; and WHEREAS, litter constitutes a public nuisance; and NOW THEREFORE IT BE ORDAINED by the Council of the City of Dublin, State of Ohio ~ of the elected members concurring that: Section 1. Chapter 94.05 of the Code of Ordinances, be amended as follows. A. Definitions: For the purpose of this ordinance, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number. The word "shall" is always mandatory and not merely directory: "Aircraft" means any contrivance now known or hereafter invented, used or designed for navigation or for flight in the air, and includes but is not limited to helicopters and lighter-than-air dirigibles and balloons. 2. "Authorized private receptacle" means a litter storage and collection receptacle as required and authorized in this article. 3. "City" means the City of Dublin. 4. "Commercial Handbill" means any newspaper or similar publication containing substantial amounts of matter advertising articles or things for sale or any businesses or services for profit which newspaper or similar publication is in normal course distributed without charge and without subscription therefore by the recipients, and includes, but is not limited to, any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, booklet, paper or any other printed or otherwise reproduced original and copies of any matter or literature which: a. Advertises for sale any merchandise, product, commodity or things; or b. Directs attention to any business or mercantile or commercial establishment or other activity for the purpose of either directly or indirectly promoting the interest thereof by sales; or Page 1 RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No. Passed- ---------19__ __-- c. Directs attention to or advertises any meeting, theatrical performance, exhibition or event of any kind, for which an admission fee is charged for the purpose of profit; or d. While containing reading matter other than advertising matter, is predominantly and essentially an advertisement and is distributed or circulated for advertising purposes or for private benefit and gain for any person so engaged as advertiser or distributer. 5. "Litter" means garbage, refuse, and rubbish and all other waste material which, if thrown or deposited in a manner prohibited by this article, tends to create a danger to public health, safety and welfaze or significantly reduces the aesthetic appeazance of public or private property or the public right of way. 6. "Litter Receptacle" means a dumpster, trash can, trash bin, garbage can or similar container in which litter is deposited for removal. 7. "Newspaper" means any newspaper of general circulation as defined by general law, any newspaper duly entered with the Post Office Department of the United States, in accordance with the Federal statute or regulation, any newspaper filed and recorded with any recording officer as provided by general law and includes but is not limited to any newspaper, periodical or current magazine regularly published and sold to the public by subscription. 8. "Noncommercial Handbill" means any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper booklet or any other printed or otherwise reproduced original or copies of any matter of literature not included in the definitions of a commercial handbill. 9. "Pazk" means a park, reservation, playground, recreation center or any other public area in the city owned or used by the city and devoted to recreation. 10. "Person" means any person, firm, partnership, association, corporation, company or organization of any kind. 11. "Private premises" means any dwelling, house, building, multi-family structure or other structure designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and includes but is not limited to any Yazd, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house building or other structure. 12. "Public place" means any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings. 13. "Refuse" means all putrescible and nonputrescible solid wastes except body wastes, including garbage, rubbish, ashes, street cleanings, dead animals, abandoned, wrecked or junked vehicles or parts thereof and solid market and industrial wastes. 14. "Rubbish" means nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, metal, wood, glass, crockery, bedding and similar materials. Page 2 RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No. Passed -- ---- -- ------- -19--- - 15. "Right of Way" means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. 16. "Vehicle" means every device in, upon or by which any person or property is or maybe transported or drawn upon a highway. B. Litter in Public Places No person shall throw or deposit litter in or upon any street, sidewalk or other public place including freshwater streams, lakes, and ponds within the City except in public receptacles, or in authorized private receptacles for refuse, recycling or yard waste collection or as placed at the curb for chipper service, leaf service or other City sponsored collection service. C. Placement of Litter in Receptacles Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried, or deposited by the elements upon any street, sidewalk or other public place or upon private property. D. Depositing Litter in Gutters No person shall sweep into or deposit in any gutter, street or other public place within the City the accumulation of litter from any public or private sidewalk or driveway or any building or lot. Persons owning or occupying property or places of business shall keep the sidewalk and parkway in front of their premises free of litter. E. Litter From a Vehicle No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the City, or upon private property. F. Littering in Parks No person shall throw or deposit litter in any park within the City except in public receptacles and in such manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided in this article or as prescribed by other sections of the City's Codified Ordinances. G. Deposit of Commercial Handbills on Public Property No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place within the city, nor shall any person hand out or distribute or sell any commercial handbill in any public place, but nothing in this section shall be deemed to prohibit any person from handing out or distributing on any sidewalk, street, or other public place within the city, without charge to the receiver thereof, any commercial handbill to any person willing to accept it. Page 3 RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No. Passed 19 H. Handbills: Placing on Vehicles No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle, but it is not unlawful in any public place for a person to hand out or distribute without charge to the receiver thereof, a noncommercial handbill to any occupant of a vehicle who is willing to accept it. I. Handbills: Deposited on Posted Property No person shall throw, deposit or distribute any commercial or noncommercial handbill upon any private premises, if requested by any one thereon not to do so, or if there is placed on the premises in a conspicuous position near the entrance thereof, a sign bearing the words, "No Trespassing," "No Peddlers or Agents," "No Advertisement," or any similaz notice, indicating in any manner that the occupants of said premises do not desire to have their right of privacy disturbed, or to have any handbill left upon such premises. Depositing Handbill at Inhabited Premises: Mail and Newspapers No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private premises which are inhabited unless the handbill is so placed or deposited as to secure or prevent the handbill from being blown or drifted about the premises or sidewalks, streets or other public places, and except that mailboxes may not be so used when so prohibited by federal postal law or regulations. The provisions of this section shall not apply to the distribution of mail by the United States nor of newspapers as defined by this article. K. Dropping Litter From Aircraft No person in an aircraft shall throw out, drop or deposit within the City any litter, handbill or any other object. L. Deposit of Litter on Occupied Private Property No person shall throw or deposit litter on any occupied private property within the City, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles or collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk, or other public place or upon any private property. M. Maintenance of Litter Free Premises The owner or person in control of any private property shall at all times maintain the premises free of litter; but this Section shall not prohibit the storage or litter in authorized private receptacles for collection, or within any building when not in violation of any health, fire, building code or other regulation, order, ordinance or statute. N. Vacant Lots No person shall throw or deposit litter on any open or vacant private property within the City whether owned by such person or not. Vacant lots shall be kep free of litter at all times by the person responsible for the property. Page 4 RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No.___ O. Business Establishments: Receptacles Passed------- --- ------------------------ - -- 19-- -- Every person owning, or managing, or having charge, control or occupance of any real property in the City, who maintains a receptacle designated for their use shall dispose of refuse in such a way that said receptacle shall not overflow and the refuse so deposited shall not circulate freely in the environment. P. Receptacles: Sanitary Conditions Every person owning, or managing, or having charge, control or occupance of any real property in the City who maintain litter receptacles shall maintain such containers and receptacles in good condition. No receptacle may have ragged or sharp edges or any other defect liable to hamper or injure the person depositing or collecting the contents thereof. Q. Unsightly Premises Every person owning, or managing, or having charge, control or occupance of any real property in the City shall not allow any part of such property visible from the street of adjoining premises to become so unsightly or untidy as to substantially detract from the appearance of the immediate neighborhood or tend to threaten the safety and welfare of the immediate neighborhood. R. Abatement All persons, firms, or corporations owning, leasing or occupying buildings, grounds, or lots are hereby required to remove rubbish, trash, weeds, or other accumulation of filth or debris which constitutes a hazard to the public health, safety and welfare, from buildings, grounds, lots, contiguous sidewalks, streets, and alleys. S. Notice of Abatement: Procedure Any person, whether as principle, manager, agent or employees, of the owner, lessee or occupant of any building, grounds or lots who receive Notice to Abate from the City Manager or his authorized representative will have five (5) working days from the receipt of the Notice to Abate to abate litter as described in § 94.05 (A - R). T. Copy of Resolution to be Served or Published A copy of the Notice to Abate adopted under division (S) of this section may be served personally or at the usual place of residence of such owner, occupant or person in charge of such land or by registered mail, or in lieu of such service, may be published for two consecutive weeks in a newspaper of general circulation in the city. U. Enforcement In case of failure or refusal to comply with any such Notice of Abatement, the work required thereby may be done at the expense of the City and the amount of money expended therefor shall be a valid claim against the owner, occupant or person in charge and a lien upon such land which may be enforced by suit in any court of competent jurisdiction. Proceedings under this division shall not relieve any party defendant from criminal prosecution or punishment for violation of any other criminal law or ordinance in force within the city. Page 5 RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No Passed-- ------------------------------------ ---------19-- - - ~:,~ V. Penalty Any person violating any provisions of this ordinance will be deemed guilty of a misdemeanor and subject to penalty. Penalty, see § 94.99. Each day such violation is committed or permitted to continue after the initial five (5) working days to abate shall constitute a separate offense and shall be punishable as such hereunder. Section 2. Chapter 94.99, sections (C & D) be amended as follows: (C) Whoever violates §§ 94.03, 94.04, 94.07, 94.08 or 94.09 is guilty of a minor misdemeanor. (D) Whoever violates any provision of § 94.05(B) thru (V) or §94.06 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 division require a person who violates § 94.05(B) thru (V) to remove litter from any public or private property, or in or on any waters. Passed this day of 1998 G idintz Officer ATTEST: of Council I hereby certify that copies of this Ord'inancefReselatierr wens posted in the City of Dublin in accordance with Section 731.25 of the Ohio Revised Code, ~~Clerk o Cour il, Dubti Ohio Page 6 CITY OF DUBLIN Department of Service 6351 Shier-Rings Road • Dublin, Ohio 43016-1243 Phone: 614-761-6570 Fax: 614-761-6512 To: All Members Dublin City Council From: Timothy C. Hansley, City Manager Initiated by: Dana L. McDaniel, Director of Service~~ Memo Date: Apri129, 1998 Re: "Litter" Ordinance § 94.99. Proposed changes to the penalty sections (C) and (D) of § 94.99. At the last Council meeting there were some questions regarding the penalty section of Ordinance 29-98 (copy attached), the following answers those questions. You will also note the attached copy of Ordinance 29-98 has been amended this "amendment" was the correction of a typo in the last paragraph. By amending section (D) of penalty section § 94.99 we are adding the amended sections of the ordinance to the existing wording. Instead of the text reading §94.05 (A) through (D), it will now read § 94.05 (B) through (~. Section (C) was amended by removing the term, ~ 94.05 (E). Section § 94.05(E) had referred to litter deposited in waterways. Currently, a violation of this section is a minor misdemeanor. Removing § 94.05(E) from section (C) will allow the City of Dublin to prosecute all forms of litter equally. ALL PENALTIES FOR § 94.05 WILL NOW FALL UNDER SECTION (D) OF § 94.99 AND BECOME A MISDEMEANOR OF THE THIItD DEGREE. This includes littering on land or in waterways. A third degree misdemeanor has potential for a larger fine and longer jail time than does a minor misdemeanor. Penalties for misdemeanors are: v Classification of Maximum Term Maximum Misdemeanor of Imprisonment Fine First Degree 6 months $1,000 Second Degree 90 days $750 Third Degree 60 days $500 Fourth Degree 30 days $250 Minor No imprisonment $100 Any questions regarding Ordinance 29-98 may be directed to Dana McDaniel at home: 717-0861 or at work: 761-6570. Thank you. TCH/tb T:\PER\TB209\W P61\DOC\DANA\MEMOS\COUNCIL\LTITERPE. WPD Department of Service 6351 Shier-Rings Road • Dublin, Ohio 43016-1243 CITY OF DUBLIN Phone: 614-761-6570 Fax: 614-761-6512 Memo To: All Members Dublin City Council From: Timothy C. Hansley, City Manager / Initiated by: Dana L. McDaniel, Director of Serv' ~~ Date: April 14, 1998 Re: Ordinance 29-98 Staff recommends Council pass Ordinance 29-98, attached. In the spirit of Earth Week, staff felt it an appropriate time to introduce a new litter ordinance which significantly expands the existing code. It has been staff s observation that litter increases every year throughout the City. In order that the City maintain its traditional high aesthetic standards and enhance the beauty of our community; the ability to abate litter must be improved. This ordinance is very comprehensive. It is modeled after the Scottsdale, Arizona litter ordinance which has been in effect since 1974. It is our understanding that key provisions of this ordinance have withstood the test of time and that this ordinance has been very effective. Keith Rozanski, Intern in the Department of Service, researched and developed this ordinance with the help of the Innovations Group. Enforcement of this ordinance will be a city-wide effort involving all Departments and Divisions. The primary enforcement arm of the City will be the Code Enforcement Officer. Any questions maybe addressed to Keith at 761-6570 or to Dana McDaniel at work: 761-6570 or home: 717-0861. Thank you. 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