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CROSS REFERENCES

See sectional histories for similar State law.

Nuisances, RC Ch 3767

Adulterated or misbranded food, CO 241.22

Littering, CO Ch 613

Tampering with safety devices, CO 623.03

629.01     Venting of Heaters and Burners

(a) A brazier, salamander, space heater, room heater, furnace, water heater or other burner or heater using wood, coal, coke, fuel oil, kerosene, gasoline, natural gas, liquid petroleum gas or similar fuel, and tending to give off carbon monoxide or other harmful gases:

(1) When used in living quarters, or in any enclosed building or space in which persons are usually present, shall be used with a flue or vent so designed, installed and maintained as to vent the products of combustion outdoors; except in storage, factory, or industrial buildings which are provided with sufficient ventilation to avoid the danger of carbon monoxide poisoning;

(2) When used as a portable or temporary burner or heater at a construction site, or in a warehouse, shed or structure in which persons are temporarily present, shall be vented as provided in division (a)(1) of this section, or used with sufficient ventilation to avoid the danger of carbon monoxide poisoning.

(b) This section does not apply to domestic ranges, laundry stoves, gas logs installed in a fireplace with an adequate flue, or hot plates, unless the same are used as space or room heaters.

(c) No person shall negligently use, or, being the owner, person in charge, or occupant of premises, negligently permit the use of a burner or heater in violation of the standards for venting and ventilation provided in this section.

(d) Division (a) of this section does not apply to any kerosene-fired space or room heater that is equipped with an automatic extinguishing tip-over device, or to any natural gas-fired or liquid petroleum gas-fired space or room heater that is equipped with an oxygen depletion safety shutoff system, and that has its fuel piped from a source outside of the building in which it is located, that are approved by an authoritative source recognized by the State Fire Marshal in the State Fire Code adopted by him under RC 3737.82.

(e) The State Fire Marshal may make rules to ensure the safe use of unvented kerosene, natural gas or liquid petroleum gas heaters exempted from division (a) of this section when used in assembly buildings, business buildings, high hazard buildings, institutional buildings, mercantile buildings and type R-1 and R-2 residential buildings, as these groups of buildings are defined in rules adopted by the Board of Building Standards under RC 3781.10. No person shall negligently use, or, being the owner, person in charge or occupant of premises, negligently permit the use of a heater in violation of any rules adopted under this division.

(f) The State Fire Marshal may make rules prescribing standards for written instructions containing ventilation requirements and warning of any potential fire hazards that may occur in using a kerosene, natural gas or liquid petroleum gas heater. No person shall sell or offer for sale any kerosene, natural gas or liquid petroleum gas heater unless the manufacturer provides with the heater written instructions that comply with any rules adopted under this division.

(g) No product labeled as a fuel additive for kerosene heaters and having a flash point below 100 degrees fahrenheit or thirty-seven and eight-tenths degrees centigrade shall be sold, offered for sale or used in any kerosene space heater.

(h) No device that prohibits any safety feature on a kerosene, natural gas or liquid petroleum gas space heater from operating shall be sold, offered for sale or used in connection with any kerosene, natural gas or liquid petroleum gas space heater.

(i) No person shall sell or offer for sale any kerosene-fired, natural gas or liquid petroleum gas-fired heater that is not exempt from division (a) of this section unless it is marked conspicuously by the manufacturer on the container with the phrase "Not Approved For Home Use".

(j) No person shall use a cabinet-type, liquid petroleum gas-fired heater having a fuel source within the heater, inside any building, except as permitted by the State Fire Marshal in the State Fire Code adopted by him under RC 3737.82. (RC 3701.82)

(k) Whoever violates this section is guilty of a misdemeanor of the first degree.
(RC 3701.99(C); Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)

629.02     Abandoned Refrigerators and Airtight Containers

(a) No person shall abandon, discard or knowingly permit to remain on premises under his control, in a place accessible to children, any abandoned or discarded icebox, refrigerator or other airtight or semiairtight container which has a capacity of one and one-half cubic feet or more and an opening of fifty square inches or more and which has a door or lid equipped with hinge, latch or other fastening device capable of securing such door or lid, without rendering such equipment harmless to human life by removing such hinges, latches or other hardware which may cause a person to be confined therein. This section shall not apply to an icebox, refrigerator or other airtight or semiairtight container located in that part of a building occupied by a dealer, warehouseman or repairman. (RC 3767.29)

(b) Whoever violates this section is guilty of abandoning, a misdemeanor of the fourth degree. (RC 3767.99(B))
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)

629.03     Adulterating of or Furnishing Adulterated Food or Confection

(a) No person shall do either of the following, knowing or having reasonable cause to believe that any person may suffer physical harm or be seriously inconvenienced or annoyed thereby:

(1) Place a pin, needle, razor blade, glass, laxative, drug of abuse or other harmful or hazardous object or substance in any food or confection;

(2) Furnish to any person any food or confection which has been adulterated in violation of subsection (a)(1) hereof. (RC 3716.11)

(b) Whoever violates this section is guilty of adulterating foods, a misdemeanor of the first degree.
(RC 3716.99(C); Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)

629.04     Entertainment Distracting Traffic

(a) No owner or person in charge of any premises where entertainment is provided or public dancing is permitted shall allow any person to entertain or perform or to dance in any area located within twenty-five feet of a public right of way unless such area where the entertainment or performance or dancing is occurring is located or screened so that the entertainers, performers or dancers are not visible to pedestrians or motorists using such public right of way.

(b) Whoever violates this section is guilty of permitting entertainment to distract traffic, a misdemeanor of the third degree.
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)

629.05     Model Airplane Operation; Permit

(a) No person shall operate or cause to be operated, or permit the operation of any model aircraft equipped with a gas engine in, over or upon any of the streets, highways or public places within the City. However, permits for the operation of such model aircraft may be granted by the Commissioner of Recreation, which shall be limited to such portions of the public parks as the Director of Public Properties shall designate and equip for such purposes. The permit shall be subject to such rules and conditions as the Director imposes, and shall be subject to immediate revocation for violation of any such rule or condition.

(b) Whoever violates this section is guilty of unlawful model airplane operation, a minor misdemeanor.
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)

629.06     Barbed Wire Fences—Repealed

629.07     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 residential care facility serving as the residence of a person living in the residential care facility;

(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 the mentally retarded and the mentally ill; university and college buildings, except rooms within those buildings used primarily as the residence 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 division (a)(1) of this section the local fire authority having jurisdiction shall designate the no smoking area. In places included in division (a)(2) of this section that are owned by the Municipality, Council shall designate an officer who shall designate the area. In places included in division (a)(3) of this section, the person having control of the operations of the place of public assembly shall designate the no smoking area. In places included in division (a)(2) of this section which are also included in division (a)(1) of this section, the officer who has authority to designate the area in places in division (a)(2) of this section 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 clearly visible and that state “NO SMOKING”. No person shall remove signs from areas designated as no smoking areas.

(c) No person shall smoke in any area designated as a no smoking area in accordance with division (b) of this section of Section 3791.031 of the Revised Code.

(d) Whoever violates this section is guilty of a minor misdemeanor. (RC 3791.031)
(RC 3791.031; Ord. No. 1631-05. Passed 3-20-06, eff. 3-24-06)

629.08     Distribution of Tobacco Products

(a) As used in this section, the following words and phrases shall have the meanings ascribed by this division.

(1) "Chewing tobacco" means any leaf tobacco that is not intended to be smoked.

(2) "Cigar" means any roll of tobacco wrapped in leaf tobacco or in any substance containing tobacco (other than any roll of tobacco which is a cigarette within the meaning of division (a)(3)B.

(3) "Cigarette" means:

A. Any roll of tobacco wrapped in paper or in any substance not containing tobacco, and

B. Any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by consumers as a cigarette described in division (a)(3)A.

(4) "Pipe tobacco" means any tobacco which, because of its appearance, type, packaging, or labeling, is suitable for use and likely to be offered to, or purchased by, consumers as tobacco to be smoked in a pipe.

(5) "Smokeless tobacco" means any snuff or chewing tobacco.

(6) "Snuff" means any finely cut, ground, or powdered tobacco that is not intended to be smoked.

(7) "Tobacco products" means cigars, cigarettes, smokeless tobacco, and pipe tobacco.

(b) No manufacturer, producer, distributor, wholesaler or retailer of tobacco products, or any agent, employee, or representative of a manufacturer, producer, distributor, wholesaler or retailer of tobacco products shall distribute at no charge tobacco products in or upon any sidewalk, street or public park.

(c) Whoever violates this section is guilty of distribution of tobacco products, a minor misdemeanor.
(Ord. No. 223-90. Passed 5-21-90, eff. 5-29-90)