Title 9 STREETS, PARKS AND PUBLIC PROPERTIES CODE
Chapter 902 HEALTH AND SAFETY
Cross References
902.00 Right to enforce.
902.01 Littering.
902.02 Obstructing sidewalks or streets.
902.03 Maintaining improper or unsafe sidewalks or streets.
902.04 Driveway and ditch pipe installation and maintenance.
902.99 Penalties.
Cross References
Similar State law - see Ohio R.C. Ch. 723, Ch. 3767
Health and safety - see G. OFF. Ch. 2329
902.00 Right to enforce.
The director of the public service department, the director of the
department of safety, the director of the department of trade and development,
the health commissioner, and their designees shall have the authority to enforce
such sections of the Ohio Revised Code and the Columbus City Code Chapter 902.
(Ord. 1817-96; Ord. 565-98 § 1 (part).)
902.01 Littering.
(a) No person, regardless of intent, shall deposit litter, cause litter to
be deposited, or allow litter to accumulate in an unsightly, unsanitary, or
unsafe manner on any public property, on any private property, or in or on
waters of the city, or convey or carry through any street, square, court, lane,
avenue, alley, or other public place, any liquid refuse matter or slops of any
kind, unless such liquid refuse matter is conveyed in watertight wagons, carts,
vehicles, or vessels.
(b) Persons engaged in the repair or construction of
any building in the city may occupy certain portions of a street or sidewalk as
authorized by the transportation administrator as required by Chapter 903 of the
Columbus City Code.
(c) In the event any person causes or permits the
littering of streets or alleys with dirt, mud, debris or excavating or building
materials, such person shall clean and/or remove such litter.
(1) Upon
failure of any person to remove such dirt, mud, debris or excavating or building
materials, then cleaning service shall be rendered by the division of
transportation and the person billed at the current hourly rates of the
division’s equipment and personnel.
(2) Failure to pay such bill
within ten (10) days shall be grounds for revocation of any and all city
permits, licenses, performance bonds, and letters of credit issued to or posted
by such person and for refusal to issue any new permits or licenses for so long
as the bill remains unpaid.
(d) The littering of streets adjacent to any
project for which a city permit or license was issued shall be deemed to have
been caused or permitted by the permittee or licensee in the absence of proof to
the contrary.
(e) As used in this section:
(1) “Litter”
means garbage, trash, waste, rubbish, ashes, cigarette butts, cigar butts, cans,
bottles, wire, paper, cartons, boxes, automobile parts, furniture, glass,
debris, leaves, dead and decaying material, human excreta or any refuse of any
description or any other thing, matter, or substance which may accumulate in an
unsightly, unsanitary, or unsafe manner. (Ord. 1817-96; Ord. 565-98 § 1
(part); Ord. 1909-01 § 1 (part); Ord. 1686-03 § 1.)
902.02 Obstructing sidewalks or streets.
(a) No person, regardless of intent, shall place, deposit, maintain, or
use, or cause or permit to be placed, deposited, maintained, or used upon any
street, alley, sidewalk, highway, or right-of-way any materials, containers,
vending equipment, structures, appliances, furniture, merchandise, bench, stand,
sign, or advertising of any kind, or any other similar device or obstruction
except as authorized by the transportation administrator, as required by Chapter
903 of the Columbus City Code.
(1) Any person, regardless of intent, who
places, deposits, maintains, or uses, or causes or permits to be placed,
deposited, maintained, or used upon any street, alley, sidewalk, highway, or
right-of-way any obstructions as defined in Section 902.02(a), except as
authorized by the transportation administrator as required by Chapter 903 of the
Columbus City Code, shall remove such obstructions.
(2) In addition to any
civil and/or criminal penalties set forth in this chapter, upon failure of any
person to remove such obstructions as defined in Section 902.02(a), then the
removal service may be rendered by the appropriate city agency and the person
billed at the current hourly rates of the agency’s equipment and
personnel.
(3) Failure to pay such bill within ten (10) days shall be
grounds for revocation of any and all city permits, licenses, performance bonds,
and letters of credit issued to or posted by such person and for refusal to
issue any new permits or licenses for so long as the bill remains
unpaid.
(b) No person shall knowingly erect, or cause to be erected or
permit to remain standing:
(1) Any porch, portico, veranda, stairs, steps,
cellar doors, area, or other projection, extending over or upon the sidewalk of
any street, alley, or public highway in the city, provided that, the city
council may grant the right to construct areaways under sidewalks upon the
condition that they are constructed to the approval of the chief building
inspector;
(2) Any house, building, wall, fence, post, pole, rocks, blocks,
timbers, curbs, landscaping materials, or other structure in such a manner that
any part thereof shall stand or project beyond the line of any lot or parcel of
ground into any street, alley, sidewalk, highway, or right-of-way. Mailbox
supports, street trees as defined in Chapter 912 of the Columbus City Codes and
utility poles are not regulated by this section.
(a) No person being the
owner of any lot abutting on a street or avenue of the city which is enclosed by
a fence shall have the gate at the entrance of such lot from the street or
avenue so constructed as to be allowed to swing outward over the street or
avenue or the sidewalks unless such gates shall be so constructed and supplied
with springs, chain, and weight or other appliances as to automatically close
such gates and keep them closed when not in use.
(b) No person shall play at
a game of ball upon any street or street park in the city. (Ord. 1817-96; Ord.
565-98 § 1 (part); Ord. 1909-01 § 1 (part).)
902.03 Maintaining improper or unsafe sidewalks or streets.
(a) Every owner, occupant, or person having charge of any lot or parcel of
land in the city shall cause the paved sidewalk, or any part thereof, in front
of and abutting, or to the side or rear of and abutting upon such lot or parcel
of land, to be clear of snow and ice each day. If for any cause it shall be
impossible to remove all the snow and ice which may adhere to such sidewalk,
then every such owner, occupant, or person having charge shall cover such snow
or ice as shall remain with such coating of sand or other substance as may be
necessary to render travel safe and convenient.
(b) No person shall do any
of the following:
(1) Place or deposit snow or ice collected from parking
lots, driveways, or any other private property onto a street, sidewalk, alley,
or right-of-way; place or deposit snow or ice collected from driveway entrances
or any other location onto a street or sidewalk in such a manner as to impede
safe travel.
(2) Open any door constructed in and as a part of a public
sidewalk or street and as a covering over an areaway under such sidewalk or over
an entrance way to the basement of a building, or use such opening or entrance
way, except between the hours of 6:00 p.m. and 8:00 a.m.
(3) Allow cellar
doors or any other opening of a similar nature to remain open on any sidewalk of
any street or alley unless a substantial railing surrounds the opening or unless
there is stationed at such cellar door, trap door, or any other opening of a
similar nature a guard or watchman during the time or period of its remaining
open.
(4) Pave, repave, or repair any sidewalk in the public right-of-way,
or cause the same to be done, without first obtaining a permit to do so from the
transportation administrator.
(c) No person shall construct:
(1) On any
sidewalk, street, or alley any smooth iron doors or coverings of manholes,
coalholes, or gratings, or by whatever other name they may be called. When such
doors or coverings of manholes, coalholes, or gratings are constructed they
shall be of rough corrugated iron on the level with such sidewalk, street, or
alley neither higher nor lower than the sidewalk, street, or alley on which they
are constructed;
(2) Any pipe, stopcock or valve on any sidewalk unless they
are constructed so as to conform with the level of the sidewalk neither higher
nor lower than the sidewalk on which they are constructed.
(d) No person
shall:
(1) Remove, displace, destroy, or deface any barrier, marker, sign,
obstruction, or light set placed by any person acting under the direction of the
director of public service or the Director of Public Safety, in or on any public
street or alley for the purpose of temporarily closing such street or alley or
for the purpose of temporarily prohibiting driving, parking, stopping, or
standing of vehicles thereon in connection with the improvement, repair,
maintenance, or cleaning of such street or alley, or for any other authorized
reason;
(2) Drive, park, stop, or stand any vehicle in or upon any street or
alley when street or alley is so marked by any barrier, marker, sign,
obstruction or light for the purposes stated in subsection (d)(1);
(3) This
section shall not apply to any person requiring the use of such street or alley
so temporarily regulated for access to any premises abutting on the portion of
such street or alley so temporarily regulated, when such person shall have
obtained a written consent to use the street or alley for such purpose from the
officer under whose authority the regulation was established.
(e) The
director of public service and the Director of Public Safety each is authorized,
in their separate official capacity, to temporarily regulate the driving,
parking, stopping or standing of vehicles upon any street or alley in the city,
when such regulation is required for the purpose of improving, repairing,
maintaining or cleaning such street or alley.
(f) No regulation under
subsection (e) shall be effective until and unless the street or alley to be
regulated is properly posted by appropriate signs or markers. (Ord. 1817-96;
Ord. 565-98 § 1 (part); Ord. 1909-01 § 1 (part).)
902.04 Driveway and ditch pipe installation and maintenance.
(a) It shall be the duty of every owner of any lot or parcel of land in
the city having a driveway crossing a roadside ditch or area ditch, to provide
and maintain a driveway pipe of the proper size, material, and at the proper
grade to allow free flow of water in the roadside ditch. This responsibility
includes, but is not limited to, installing, replacing, resetting, cleaning, and
related maintenance of said driveway pipe. Every owner, prior to performing said
installation or maintenance work, or extending or installing any pipe or conduit
for the purpose of enclosing a ditch, shall secure the consent of the
transportation administrator, as required by Chapter 903 of the Columbus City
Code. All work involving sewer pipes must conform to all applicable requirements
of Title 11, Article 3 of the Columbus City Code. (Ord. 1817-96; Ord. 565-98
§ 1 (part); Ord. 1909-01 § 1 (part).)
902.99 Penalties.
(a) Whoever violates any provision of this chapter is guilty of a
misdemeanor of the third degree and fined not more than five hundred dollars
($500.00) or imprisoned for not more than sixty (60) days or both except whoever
violates Section 902.03(a) is guilty of a minor misdemeanor and fined not more
than one hundred dollars ($100.00).
(b) Strict liability is intended to be
imposed for violation of this chapter. It is an affirmative defense to a charge
under Section 902.03(a) that, at the time of the alleged offense, the person
charged suffered from physical impairments which caused him to be incapable of
clearing or covering the snow and ice as required by that subsection and was
unable to arrange to have another person clear or cover such snow and ice. (Ord.
1817-96; Ord. 565-98 § 1 (part).)
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