Chapter 701 FOOD ESTABLISHMENTS
701.01 Definitions.
(A) "Food establishment" means any place whether temporary or permanent, stationary or mobile, or whether it is considered public, semi-public or private, where food or drink is prepared, processed, manufactured, packaged, stored, served, sold or offered for sale. However, the following places are not included:
(1) Homes containing what is commonly known as the family unit and their nonpaying guests.
(2) Food service operations as defined in Ohio R.C. 3732.01.
(3) Establishments as defined in Ohio R.C. 3707.371 for the production, processing and transportation of milk and milk products in the City.
(4) Establishments as defined in Ohio R.C. 3717.52 and Chapter 257 of the Columbus City Health Code for the sale and manufacture of frozen desserts.
(B) "Temporary food establishment" means a food establishment as defined in subsection (A) above, in which food is prepared or served for a consideration for a single event in one location, regardless of whether the food is consumed on or off the premises, and for a period not to exceed eight (8) consecutive days, nor more than twenty-five (25) days or parts thereof in any one year. (Ord. 1575-89.)
701.02 Groceries, vegetable stands.
There is levied and assessed upon the owner or operator of each food establishment that sells food or drink, not for consumption on the premises such as groceries, markets and vegetable stands, receiving such inspection from the Board of Health of the City, under such regulations governing such inspection, as adopted by the Board, an annual license fee based on establishment floor space due and payable, in advance to the City Treasurer on the first business day of each fiscal year. The amount of said fee shall be established by the Board of Health of the City. (Ord. 2497-83.)
701.03 Food for consumption on premises.
There is levied and assessed upon the owner or operator of each food establishment that sells food or drink, for consumption on the premises such as soda fountains that are not "food service operations" as defined by the Ohio Revised Code, receiving such inspection from the Board of Health of the City, under such regulations governing such inspection, as adopted by the Board, an annual license fee due and payable to the City Treasurer on the first business day of each fiscal year. The amount of said fee shall be established by the Board. (Ord. 2497-83.)
701.04 Carry-out stores.
There is levied and assessed upon the owner or operator of each food establishment that sells food or drink, not for consumption on the premises, in bottled or packaged form, such as wine or beer carry-out stores, receiving such inspection from the Board of Health of the City under such regulations governing such inspection adopted by the Board, an annual license fee based on establishment floor space due and payable to the City Treasurer on the first business day of each fiscal year. The amount of said fee shall be established by the Board. (Ord. 2497-83.)
701.05 Warehouse, wholesale establishments.
There is levied and assessed upon the owner or operator of each food establishment that stores or sells food or drink not for consumption on the premises such as warehouses and wholesale establishments, receiving such inspection from the Board of Health of the City, an annual license fee based on establishment floor space due and payable to the City Treasurer on the first business day of each fiscal year. The amount of said fee shall be established by the Board. (Ord. 2497-83.)
701.06 Processing plants.
There is levied and assessed upon the owner or operator of each food establishment that manufactures or processes food or drink, not for consumption on the premises, such as bakeries, bottled beverage plants and other processing plants other than meat or milk plants, receiving such inspection from the Board of Health of the City under such regulation governing such inspections adopted by the Board, an annual license fee based on establishment floor space due and payable to the City Treasurer on the first business day of each fiscal year. The amount of said fee shall be established by the Board. (Ord. 2497-83.)
701.07 Market stands, market houses.
There is levied and assessed upon the owner or operator of each food establishment that sells food or drink, not for consumption on the premises, from market stands, in market houses, either public or private receiving such inspection from the Board of Health of the City under such regulations governing such inspections as adopted by the Board, an annual license fee due and payable to the City Treasurer on the first business day of each fiscal year. The amount of said fee shall be established by the Board. (Ord. 2497-83.)
701.081 Temporary food establishment permit; fee.
No temporary food establishment shall be operated in the City without a permit from the Board of Health. Any person desiring such permit shall make written application to the Health Commissioner at least ten (10) days prior to the anticipated need of the permit. The Board of Health shall establish a fee for any permit issued under this section. (Ord. 1575-89.)
701.08 Vehicular food establishments.
There is levied and assessed upon the owner or operator of each vehicular establishment under the inspection of the Board of Health of the City, as defined in the regulations governing food establishment adopted by the Board of Health of the City, an annual license fee due and payable to the City Treasurer on the first business day of each fiscal year. The amount of said fee shall be established by the Board. (Ord. 2497-83.)
701.09 Fee for half year.
Editor's Note: This section was repealed by Ordinance 2497-83.
701.10 Notification of fees due.
The Board of Health of the City, through its proper officer, is authorized and directed to notify each owner or operator on or before the fifteenth day of July, all annual license fees due the City under C.C. 701.02 through 701.08, for inspection services to be rendered during the fiscal year next ensuing. (Ord. 2094-75.)
701.11 Nonpayment; surcharge.
In the event that any owner or operator has not paid the amount due under the provisions of this chapter, the Board of Health, through the Health Commissioner, shall immediately discontinue said inspection service accordingly, until the amount due and unpaid, plus twenty-five percent of that amount due and unpaid, is paid to the City Treasurer. (Ord. 1575-89.)
701.12 Disposition of funds.
All fees received by the City Treasurer from the owners or operators of food establishments pursuant to Chapter 255 of the Columbus City Health Code and Chapter 701 of the Columbus City Codes, 1959, shall be deposited and credited to the Health Special Revenue Fund for the use of the Board of Health of the City to administer and enforce the provisions of the Columbus City Health Code, Chapter 255 and Columbus City Codes, 1959, Chapter 701 and rules adopted thereunder. (Ord. 773-91.)
701.13 Inspection supplies.
The Board of Health of the City is authorized and directed to furnish and supply all forms, records, equipment and materials used in rendering its inspection service to establishments or vehicles subject to said inspection under regulations duly adopted by it. (Ord. 876-56, Sec. 13.)
701.14 Fiscal year.
The "fiscal year" referred to in the provisions of this chapter is designated as the period beginning the first day of August and ending the thirty-first day of July. (Ord. 876-56, Sec. 14.)
Chapter 703 MILK AND MILK PRODUCTS
Editor's Note:
This chapter consisting of Sections 703.01 to 703.15 was repealed by Ordinance 2422-94. State law has pre-empted inspection and licensing of milk and milk products.
Chapter 705 MEAT AND MEAT PRODUCTS
Editor's Note:
This chapter was repealed by Ordinance 1295-82.
Chapter 707 IMMUNIZATION OF DOGS AGAINST RABIES
Editor's Note:
Former Sections 707.01 to 707.04 were repealed by Ordinance 1993-75.
Chapter 709 SWIMMING POOLS
709.01 Definitions.
The following definitions shall apply in the interpretation and enforcement of this chapter:
(a) "Health Commissioner" means the Health Commissioner of the City, or his authorized representatives.
(b) "Building Inspector" means the officer charged with the administration and enforcement of the Building Code, or his regular authorized deputy.
(c) "Person" means any person, firm, corporation, association, organization or institution.
(d) "Swimming pool" means an artificial construction either permanent or portable filled or capable of being filled with water to a depth of thirty or more inches at any point therein and measuring over ten feet by sixteen feet or its equivalent in square feet and used, or designed to be used, for swimming or recreative bathing.
(e) "Wading pool" means an artificial construction either permanent or portable filled or capable of being filled with water at any point therein to a depth of more than twelve inches and less than thirty inches and used, or designed to be used, for wading, swimming, or other aquatic recreation.
(f) "Private swimming pool" means a swimming pool used by the owner of the pool and friends as an additional accessory use at a private residence.
(g) "Public swimming pool" means any swimming pool other than a private swimming pool, provided with an approved water supply, public or semi-public in character.
(h) "Club swimming pool" means a public swimming pool used by any group or institution on a non-commercial basis or on a membership basis for members and friends only.
(i) "Commercial swimming pool" means a public swimming pool (with an approved water supply) which is located on land not publicly owned and operated on a commercial basis or primarily for private gain.
(j) "Private wading pool" means a wading pool used only by the owner of the pool and friends.
(k) "Public wading pool" means any other pool.
(l) "Approved water supply" means all other bodies approved by the Health Commissioner.
(m) "Prohibited pools" means all other bodies of water and watercourses, where bathing and wading are prohibited.
(n) "Temporary closing" means that seasonal period of time during which club or commercial pools are not open for use.
(o) "Permanent closing" means the closing of a club or commercial swimming pool for reasons that do not relate to the season, maintenance or remodeling of the pool.
(p) "Fiscal year" shall mean that period beginning the first day of June and ending the thirty-first day of May.
(q) "Board of Health" means the board of health of the Columbus City Health District. (Ord. 2518-78.)
709.02 Permit, license and authorization required.
No person shall locate, construct or install any swimming pool or wading pool or make any change in such pools or appurtenances thereof, unless and until such person shall have submitted an application and plans therefor, and shall have secured a permit and authorization from the Building Inspector and the Health Commissioner.
No person shall use, operate, repair or maintain any swimming pool or wading pool except as authorized by the Building Inspector and the Health Commissioner.
No person shall operate a public swimming pool without first having obtained a license from the Health Commissioner as provided in Section 709.03 hereof.
Exceptions: Private wading pools that are portable or of temporary construction are exempted from the requirement of a building permit. (Ord. 749-78.)
709.03 Public pool license requirements.
There is hereby levied and assessed upon the owner or operator of each public swimming pool receiving inspection service from the Board of Health of the City of Columbus, Ohio, under such regulations governing such inspections as are adopted by the Board, an annual license fee due and payable, in advance, to the Treasurer of the City of Columbus on the first business day of each fiscal year. The amount of said fee shall be established by the Board.
The Board of Health of the City of Columbus, Ohio through its proper officer, is hereby authorized and directed to notify each owner or operator by mail, postage prepaid, on or before May 15 of all license fees due.
Owners and operators are hereby required to furnish such pertinent information as the Health Commissioner may request and to forward such information together with the required fee to the offices of the Health Department.
The Health Commissioner is hereby authorized and directed to assess and collect a penalty of 10% of the amount due and unpaid before issuing a license to any public swimming pool operator or owner notified in accordance with this section and having not made payment prior to June 1 of each year.
All monies received by the Health Commissioner from the owner or operator of public swimming pools shall be deposited with the City Treasurer to be credited to the Health Department Special Revenue Fund to be used to defray the cost of swimming pool inspections and for no other purposes.
The Health Commissioner is hereby authorized and directed to furnish and supply all forms, records, equipment and materials used in rendering inspection services to public swimming pools. (Ord. 2498-83.)
709.04 Exceptions for government pools.
Notwithstanding provisions of Section 709.03, public swimming pools operated by the City of Columbus, the County of Franklin, the State of Ohio or the United States of America shall be granted a license upon compliance with the regulations and payment of the fee established by the Board of Health of the City of Columbus. (Ord. 664-88.)
709.05 Temporary or permanent closing of pools.
No commercial or club swimming pool shall be closed either temporarily or permanently unless the owner of the property on which the pool is located first makes application to the Health Commissioner for a permit authorizing such closing.
The applicant for such a permit shall complete an application form provided for that purpose by the Health Commissioner, and shall include with application a detailed safety plan outlining the safety procedures that will be implemented when the pool is closed. Such plan shall include:
(a) Detailed representations regarding the maintenance of all fencing located around the pool:
(b) Detailed representation regarding the periodic inspection of the site and all entrances to the site:
(c) Detailed representation regarding the covering or draining of the pool, including representations relating to whether the drainage will be partial or complete.
The Health Commissioner shall grant temporary and permanent closing permits for club and commercial swimming pools where it can be shown from an examination of the applicant's detailed safety plan that the granting of such permit will not create a serious health or safety hazard or a nuisance.
Upon issuance of a temporary or permanent closing permit, the safety plan filed by the applicant shall become a condition of the permit. The Health Commissioner may inspect any commercial and club swimming pools having a temporary or permanent closing permit to ascertain whether or not the permit holder is complying with the safety plan filed at the time of issuance of the permit. (Ord. 2498-83.)
709.06 Compliance.
No person shall locate, construct, use, operate, repair or maintain any swimming pool or wading pool except in compliance with:
(a) The provisions of this chapter;
(b) The Building Code and other ordinances, standards, rules and regulations enforced by the Building Inspector;
(c) Standards, rules and regulations of the Board of Health of the City and as enforced by the Health Commissioner;
(d) Standards, rules and regulations of the State Board of Health governing public swimming pools. (Ord. 749-78.)
709.07 Enclosures.
No person shall locate, construct, install, make, change, maintain or use any swimming pool or wading pool unless said pool or the premises upon which it is located is enclosed by a fence or other permanent barrier not less than forty-two (42) inches in height, measured from the ground level, so constructed and of such strength that children under the age of seven years are unable to pass through. Any entrance or exit gate in such fence shall be equipped with a spring latching type lock or catch and shall automatically close by spring action to the locked or latched position or shall be equipped with a lock requiring a key or the working of a combination to open and kept securely locked at all times. (Ord. 749-78.)
709.08 Other pools and watercourses.
Rivers, creeks, runs, ditches, lakes, ponds, waterfilled quarries and other natural bodies of water shall not be used for swimming or bathing purposes. Any body of water not complying with the conditions of this chapter shall not be used for swimming or wading pools, and swimming and wading therein shall be prohibited unless and until same shall have been approved by the Building Inspector as to any structural work and by the Board of Health. However, natural bodies of water, such as impounded reservoirs, basins, ponds, lakes, creeks and rivers of a sanitary quality may be used for private wading pools. (Ord. 749-78.)
709.09 Rules and regulations.
The Columbus Board of Health shall make rules and regulations of general application throughout the city governing all swimming pools, relative to approval of plans, design, equipment, inspection, health and safety, operation, disinfection, quality of water, closure and forms and applications, as it deems necessary for implementation of this chapter. In addition, the Board of Health shall provide a procedure for appeals and variances from the requirements of this chapter and the rules and regulations adopted pursuant thereto in order to prevent unreasonable application of the requirements, consistent with and in harmony with the preservation and protection of the public health and safety and the purposes and objectives of the Health Codes. (Ord. 749-78.)
709.99 Penalty.
Whoever violates any provision of this chapter or fails to comply with any of the requirements thereof shall for each and every violation or noncompliance be guilty of a misdemeanor of the third degree. Each day such violation or noncompliance exists shall constitute a separate offense. (Ord. 749-78.)
Chapter 711 NURSING OR BOARDING HOMES
Editor's Note:
This chapter consisting of Sections 711.01 to 711.36 and 711.98 and 711.99 was repealed by Ordinance 2422-94. State law has pre-empted inspection and licensing of nursing and boarding homes.
Chapter 721 OFFENSIVE ODORS AND ESTABLISHMENTS
721.01 Offensive odors generally.
Whoever shall within the corporate limits or within three miles from the corporate limits permit any factory, tannery, distillery, livery stable, cattle or hog yard, or any shed, barn, packing-house, or slaughterhouse to become nauseous, foul or offensive; or so carry on the business of slaughtering or feeding animals, or rendering any animal matter, or manufacturing the same into soap or fertilizing materials, or changing the form thereof in any manner by the use of heat, steam, fire, chemicals or otherwise, do as to taint the air or render it unwholesome or offensive to the smell, shall be deemed guilty of a nuisance.
If any such nuisance is not abated and removed within five days after the giving of such notice, it shall be the duty of the Health Officer to cause such nuisance to be abated and removed, and the cost and expense of so doing shall be chargeable against the property upon which such nuisance existed, and shall be assessed against the same and become a lien thereon. The agent of any person who shall have the management, care or rental of any property upon which any such nuisance shall exist, as well as his principal and all others causing or permitting such nuisance shall be deemed and considered as causing any nuisance shown to exist after notification to abate or remove the same. (Sec. 21.6.)
721.02 Odors from manufacturing processes.
It shall be unlawful for any person, whether he be owner, manager, superintendent, foreman or employee, within the corporate limits, to continue manufacture or produce, or assist in the manufacture or production of any product from which in the process of manufacture or production, offensive or unwholesome odors arise or are given off, after notice to cease causing such odors has been given by the City Board of Health. (Sec. 21.7.)
721.03 Slaughterhouses.
The business of slaughtering animals, or of operating a slaughterhouse or packinghouse within the corporate limits is declared to be a nuisance, and no person shall carry on the business aforesaid. (Sec. 21.8.)
721.04 Processing animal and vegetable products.
It shall be unlawful to render, heat or steam any animal or vegetable product or substance generating noisome or unwholesome odors, gases or vapors, unless the same is done in gas or steam-tight vessels, tanks or boilers, and unless such methods are adopted as will entirely condense, decompose, deodorize or destroy such odors, gases and vapors. (Sec. 21.11.)
721.05 Buildings dangerous to health.
It shall be unlawful to suffer any building or grounds to remain for a period of twenty-four consecutive hours in such condition as to be offensive, dangerous or prejudicial to the health or safety of the occupants or other persons. (Sec. 21.15.)
721.99 Penalty.
Whoever violates any provision of this chapter shall be deemed guilty of a misdemeanor and fined not exceeding five hundred dollars ($500.00), or imprisoned for not more than thirty days, or both. Any such violation shall constitute a separate offense on each successive day continued.
Chapter 723 CONTRACEPTIVES
723.01 Prohibited methods of distribution.
It shall be unlawful for any person except such person operating in such manner as is specified in C.C. 723.03 to sell, give away or otherwise distribute to the public in stores, or on the streets, by vending machines, by peddling from house to house, or in any public place or office building within the corporate limits, any appliance, drug or medicinal preparation intended or having special utility for the prevention of conception.
Nothing contained in this chapter shall be construed as applying to those appliances, drugs or medicinal preparations, such as condoms and spermicides, intended to prevent the transmission of sexually transmitted diseases. (Ord. 1220-87.)
723.02 Advertising.
Editor's Note: Former Section 723.02 was repealed by Ordinance 1220-87.
723.03 Permitted sales.
The prohibition specified in C.C. 723.01 shall not apply to wholesale druggists, to the extent that such druggists are permitted to sell or distribute the appliances, drugs and medicinal preparations specified in C.C. 723.01, but only such as conspicuously bear the identification of the manufacturer thereon, or on the retail container thereof, only to regularly licensed drug stores; nor shall the prohibition specified in C.C. 723.01 apply to the sale or distribution of such appliances, drugs or medicinal preparations by regularly licensed practitioners of medicine in the normal course of their professional activities; nor shall the prohibition specified in C.C. 723.01 apply to the sale of such appliances, drugs or medicinal preparations by licensed drugs stores provided such sales are made only from the prescription counters of such drug stores by registered pharmacists there employed and only to persons sixteen years of age or older; nor shall the prohibition specified in C.C. 723.01 apply to the sale or distribution of such appliances, drugs or medicinal preparation, to sixteen years or older, by those persons, institutions, laboratories, clinics, or agencies required by state law and/or regulations of the Ohio Department of Health to report those diseases set forth in regulation HE-3-02, O.S.C., of the Ohio Department or as the same may be amended from time to time.
Wherever condoms are sold or dispensed, the following should be displayed in a prominent location:
NOTICE: The Surgeon General recommends the responsible use of condoms to reduce the spread of AIDS and other sexually transmitted diseases. The Columbus Health Department. (Ord. 1220-87.)
723.99 Penalty.
(a) Whoever violates any subdivision of this chapter shall be deemed guilty of a misdemeanor of the fourth degree.
(b) Any vending machine operated or in use in violation of this chapter, together with the merchandise contained in such machine, shall be destroyed by order of the judge of the court having jurisdiction thereof. (Ord. 1336-75.)
Chapter 725 WEEDS AND SOLID WASTE ABATEMENT
725.01 Definitions.
The following words and phrases, when used in Chapter 725, shall have the meanings respectively ascribed to them in this section:
(A) "Semi-solid" shall mean that a material while cohesive and viscous, flows slowly or loses its shape when unconfined, but does not readily release liquids under normal climatic condition.
(B) "Materials from construction or demolition operations" shall include but not be limited to such materials as brick, concrete, stone, glass, wallboard, framing and finishing lumber, roofing materials, plumbing, plumbing fixtures, wiring and insulation.
(C) "Bulky items" shall include but not be limited to items such as automobiles, furniture, bedsprings and large appliances.
(D) "Solid waste" shall mean residual solid or semi-solid material as results from industrial, commercial, agricultural or residential operations, including but not limited to earth or materials from construction or demolition operations, garbage, bulky items, combustible or noncombustible materials, debris, slag and any other substances which are harmful to the public health.
(E) "Owner" shall mean the owner of record as shown on the current tax list of the county auditor; the mortgage holder of record, if any, as shown in the mortgage records of the county recorder; and any purchaser under a land contract. "Owner" also means any person who has a freehold or lesser estate in the premises; a mortgagee or vendee in possession; or any person who has charge, care or control of the premises as agent, executor, administrator, assignee, receiver, trustee, guardian or lessee.
(F) "Public nuisance" means any structure which is permitted to be or remain in any of the following conditions:
(1) In a dilapidated, decayed, unsafe or unsanitary condition detrimental to the public health, safety, and welfare, or well being of the surrounding area; or
(2) A fire hazard; or
(3) Any vacant building that is not secured and maintained in compliance with Chapter 4513; or
(4) Land, real estate, houses, buildings, residence, apartments, or premises of any kind which are used in violation of any division of Section 2925.13, Ohio Revised Code.
"Public nuisance" also means any structure or real property which is not in compliance with any building, housing, zoning, fire, safety, air pollution, health or sanitation ordinance of the Columbus City Code or Columbus City Health Code, or any real property upon which its real property taxes have remained unpaid in excess of one (1) year from date of assessment.
(G) "Weeds" shall mean those plant species including, but not limited to, brush, vines or shrubs as listed in Chapter 901:5-31 of the Ohio Administrative Code, titled "Noxious Weeds," and Chapter 901:5-37 of the Ohio Administrative Code, titled "Other Prohibited Noxious Weeds," and thistles, burdock, jimson weed, ragweed, milkweed, mullein, poison ivy, poison oak, grass or other plant species of rank growth which may potentially create, directly or indirectly, a health hazard or which may endanger the public safety. (Ord. 1694-98 § 1.)
725.02 Weeds and rank growth.
The health commissioner is authorized to determine on what lands in the city noxious weeds or rank growth of a height of twelve or more inches is growing or about to spread or mature seeds. After a determination has been made that such noxious weeds or rank growth constitute a nuisance or endanger the public health, it shall be the duty of the health commissioner to see that said noxious weeds or rank growth are removed or said nuisance abated. (Ord. 1006-79.)
725.03 Solid waste.
The health commissioner is authorized effective January 1, 1980, to determine on what lands in the city solid waste is located. After a determination has been made that such solid waste constitutes a nuisance or endangers the public health, it shall be the duty of the health commissioner to see that said solid waste is removed or said nuisance abated.
This section does not apply to land being used under a city permit obtained pursuant to C.C. § 2329.01, or a city license to operate a dump, junk yard or similar business obtained pursuant to Chapter 1325 or Chapter 3392 of the City Codes. (Ord. 1694-98 § 2.)
725.04 Notification procedure.
(A) The health commissioner shall cause written notice to be served upon the owners, lessees, agents or tenants having charge of such land referred to in C.C. 725.02 notifying them that said noxious weeds or rank growth are growing on such lands and that they must be cut or destroyed within five (5) days after the service of such notice.
(B) The health commissioner shall cause written notice to be served upon the owners, lessees, agents or tenants having charge of such land referred to in C.C. 725.03 notifying them that said solid waste is on the land and that it must be removed within five (5) days after the service of such notice.
(C) Notices served pursuant to division (A) or (B) shall be sent by certified U.S. mail to the last known address of such persons. If the certified mail envelope containing the notice is returned with an endorsement showing it was unclaimed or refused, the health commissioner shall send a copy of the aforementioned notice to the last known address of said person by ordinary mail. The health commissioner shall keep a record of the fact that notice was sent by ordinary mail and the service of the notice shall be deemed complete when the fact of the mailing is entered in such record provided the ordinary mail envelope is not returned by the postal authorities with an endorsement showing failure of delivery.
(D) If the address of such persons referred to in division (A) or (B) is unknown or if service by ordinary mail pursuant to division (C) is incomplete, the health commissioner shall cause notice to be published once in the City Bulletin or a newspaper of general circulation in Franklin County. (Ord. 1006-79.)
725.05 Procedure upon failure to comply with notice.
Whenever, upon inspection, the health commissioner determines that there are reasonable grounds to believe that a public nuisance exists, or when notices issued pursuant to Section 725.04 of the Columbus City Code or other notice sections of such codes do not alleviate such determination, the health commissioner shall:
(A) Cause such weeds or rank growth to be cut or destroyed and such solid waste to be removed and may employ the necessary labor to perform the task.
(1) The health commissioner shall annually establish a charge for city services which shall include the cost of investigation based on the hourly rate and fringe benefits of personnel involved, the cost of handling weed and solid waste complaints and administrative overhead.
(2) Upon performance of the labor mentioned in division (A), the health commissioner shall with respect to each parcel of land report to city council a statement of the charge for city services, the amount paid for performing the labor, and the fees of the officers who made the service of the notice and return.
(3) Upon receipt of the statement and approval thereof by council, the city clerk shall make a return in writing to the auditor of Franklin County of such statement which shall be entered upon the tax duplicate of the county, all in accordance with Ohio Revised Code, Section 731-54; or
(B) Cause to be filed in the environmental division of the Franklin County municipal court a civil complaint for injunctive relief seeking abatement of the public nuisance. The procedures to be followed will be pursuant to the Ohio Rules of Civil Procedure.
(1) When filing a civil complaint for injunctive relief in the enforcement of any health or sanitation ordinance of the Columbus City Code or the Columbus City Health Code, Section 725.04 of the Columbus City Code or other notice sections of such codes are not required to be invoked by the health commissioner; and/or
(C) Cause to be filed in the environmental division of the Franklin County municipal court a misdemeanor criminal complaint. The procedures to be followed will be pursuant to the Ohio Rules of Criminal Procedure. (Ord. 1694-98 § 3.)
725.06 Weeds, grass and rank growth.
(A) No property owner shall negligently suffer to grow upon the pavements or in the gutters or upon the dedicated portion of the street or alley abutting their property any thistles, burdock, jimson weed, ragweed, milkweed, mullein, poison ivy, poison oak, grass or other weeds of rank growth.
(B) Upon any violation of division (A), the health commissioner may, after due notice has been served upon the property holder pursuant to C.C. 725.04, and the same not having been responded to, proceed to free such pavement, gutter, or dedicated portion of the street from weeds, grass and growths, and report the cost thereof to city council which shall assess the cost of the same against such property pursuant to C.C. 725.05(B).
(C) No person shall as owner or agent of vacant lots, commons, or other unoccupied property, negligently permit to grow thereon any thistles, burdocks, jimson weeds, ragweed, milkweed, mullein, poison ivy, poison oak, grass, or other weeds of rank growth, exceeding twelve (12) inches in height.
(D) Whoever violates division (A) or (C) of this section is guilty of permitting weeds, grass and rank growth, a misdemeanor of the third degree. (Ord. 1816-96.)
725.99 Penalties.
(A) Whoever violates this chapter is guilty of permitting weeds, grass, rank growth and solid waste, 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.
(B) Strict liability is intended to be imposed for violation of this chapter. (Ord. 1694-98 § 4.)
Chapter 727 VIOLATIONS AND PROHIBITIONS
727.01 Prohibition against violation of orders or regulations of Board.
(a) No person shall violate Sections 3707.01 to 3707.53, inclusive, or Sections 3709.01 to 3709.99, inclusive, of the Ohio Revised Code, or any order or regulation of the Board of Health made in pursuance thereof, or of Section 129 of the City Charter, obstruct or interfere with the execution of such order, or wilfully or illegally omit to obey such order.
(b) No person shall fail to comply within twenty (20) days, with an order or regulation of the Columbus Board of Health after receiving written notification of being in violation of such order or regulation. This section does not apply while an action for declaratory judgment, filed within twenty (20) days after notification of a violation and pursuant to Section 3709.99 of the Ohio Revised Code, is pending before the court. (Ord. 78-91.)
727.02 Violation by officers of a corporation.
No officer of a corporation violating C.C. 727.01, who has authority over the matter involved in such violation, shall permit the violation of such section. (Ord. 286-62.)
727.03 Administration and enforcement of Health Codes.
The duty of administering and enforcing Title 7, Health Codes, of Columbus City Codes, 1959, is vested in the Health Commissioner. (Ord. 749-78.)
727.04 Penalty.
(a) Whoever violates this chapter is guilty of failure to comply with the orders or regulations of the Board of Health, a misdemeanor of the third degree. Each day of violation shall constitute a separate violation.
(b) Strict liability is intended to be imposed for a violation of this chapter. (Ord. 78-91.)
Chapter 729 COMMUNITY NOISE
729.01 Definitions.
(A) All definitions/terminology used in this chapter, not defined below, shall be in conformance with applicable standards of the American National Standards Institute (ANSI) or its successor body. For the purpose of this chapter certain words and phrases used herein are defined as follows:
(1) "Ambient noise level" means the sound pressure level of the all encompassing noise associated with a given environment, being a composite of many sounds. For the purpose of this chapter, it is the sound pressure level exceeding 90 percent of the time, based upon a measurement period of not less than 10 minutes and excluding the alleged offensive noise.
(2) "Average sound level" means a sound level typical of the sound levels observed at a certain place during a given period of time averaged by the general rule of combination for sound levels, said general rule being set forth in ANSI specifications for sound level meters. Average sound level is also called equivalent continuous sound level.
(3) "A-weighted sound level" means the total sound pressure level in decibels of all sound as measured by a sound level meter with a reference pressure of 20 micropascals using the A-weighted network. The Unit of measurement shall be defined as dBA or dB(A).
(4) "Decibel" means a unit for measuring the intensity of a sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals. Decibel is denoted as "dB."
(5) "Device" means by mechanism which actually produces noise.
(6) "Emergency vehicle" means any emergency vehicle of municipal or county departments of public utility corporations when identified as such as required by law, the Ohio Director of Transportation, or Safety Director of the City of Columbus and motor vehicles when commandeered by a police officer.
(7) "Emergency work" means any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.
(8) "Health Commissioner" means the Health Commissioner of the City of Columbus or his authorized representative.
(9) "Land use category" means those land uses defined and established by the Zoning Code and all subsequent changes and additions.
(10) "Motorcycle" means an unenclosed motor vehicle having a saddle for the use of the operator and two or three wheels in contact with the ground, including, but not limited to, motor scooters, minibikes, and mopeds.
(11) "Motor vehicle" means any vehicle which is propelled or drawn on land by a motor other than a motorcycle. This definition includes but is not limited to the following motor vehicles: automobiles, trucks, campers, go-carts, snowmobiles, dune buggies or racing vehicles.
(12) "Muffler" means any apparatus consisting of baffles, chamber, or acoustical absorbing material whose primary purpose is to transmit liquids or gases while causing a reduction in sound emission at one end.
(13) "Noise" means any sound which is unwanted or which causes or tends to cause an adverse psychological or physiological effect on human beings.
(14) "Person" means any public or private corporation, individual, firm, partnership, association, or other entity.
(15) "Powered model vehicle" means any powered vehicles, either airborne, waterborne, or landborne, which are designed not to carry persons or property including but not limited to, model airplanes, boats, cars, rockets, and which can be propelled by mechanical means.
(16) "Property boundary or line" means the surveyed line along the ground surface, and its vertical extension which separates the real property owned, rented, or leased by one or more persons, but not including intrabuilding real property divisions.
(17) "Public safety vehicle" means ambulances, motor vehicles, used by public law enforcement officers or other persons sworn to enforce the criminal and traffic laws of the State, and the vehicles used by fire departments, including motor vehicles used by volunteer firemen responding to emergency calls in the fire department service when identified as required by the Ohio Director of Highway Safety.
(18) "Receiving land" means any real property whether residential, institutional, commercial or manufacturing which receives noise across the boundary line.
(19) "Shoreline" means the existing intersection of water with the ground surface or with any shore connected facility.
(20) "Sound level meter" means an instrument for measurement of sound levels conforming to American National Standard Institute's Specification for Sound Level Meters.
(21) "Sound pressure level" means twenty times the common logarithm of the ratio of the pressure of the sound to a reference level of 20 micropascals.
(22) "Stationary noise source" means a machine or device capable of creating a noise level at the property upon which it is regularly located, including, but not limited to standing motor vehicles, industrial and commercial process machinery and equipment, pumps, fans, air-conditioning apparatus or refrigeration machines.
(23) "Warning device" means any device which signals an unsafe or potentially dangerous situation.
(24) "Watercraft" means any vessel which operates on water and which is propelled by a motor, including but not limited to boats, barges, amphibious craft, water ski towing devices and hover craft.
(25) "Waterways" means all waters within the City including but not limited to reservoirs, basins, quarries, ponds, lakes, creeks, rivers and streams. (Ord. 72-90.)
729.02 Motor vehicle and motorcycle exhaust.
Repealed by Ordinance 1033-93. See City Code 2137.20 for relevant provisions.
729.03 Unnecessary squealing of tires.
Repealed by Ordinance 1033-93. See City Code 2133.071 for relevant provisions.
729.04 Watercraft noise.
Repealed by Ordinance 1033-93. See City Code 921.31 for relevant provisions.
729.05 Enforcement.
Repealed by Ordinance 1033-93.
729.06 Noise levels for land use districts.
(A) The maximum allowable hourly average sound level, emitted from any stationary noise source, shall not exceed the limits set forth in Table I for the respective categories of receiving land use. The actual sound level shall be determined during any measurement period, which shall not be less than sixty (60) consecutive minutes, and shall be measured at the property boundary affected by the noise.
Table I.
Receiving Land Use Category Time 1 hr. Average Sound Level (dBA) Institutional 10 p.m. 7 a.m. 60 7 a.m. 10 p.m. 65 Residential (all categories) 10 p.m. 7 a.m. 60 7 a.m. 10 p.m. 65 Commercial 10 p.m. 7 a.m. 70 7 a.m. 10 p.m. 75 Manufacturing Anytime 80 (B) New Structures and Development. Prior to the approval of a zoning change, the noise impact of the zoning change may be reviewed by the Director of the Department or his designee, identifying existing and projected noise sources and their associated sound level. Such review shall include, but is not limited to air transportation and land transportation noise sources as well as stationary noise sources. Adequate control measures may be recommended to mitigate the impact of those identified noise sources to effect compliance with this code. (Ord. 2452-79.)
729.07 Prohibited acts.
(A) The following acts, and the causing or permitting thereof, are declared to be in violation of this section:
(1) Unreasonable noise:
(a) Recklessly causing inconvenience, annoyance, or alarm to another by making unreasonable noise.
(2) Noisy animals or fowl:
(a) Negligently keeping or harboring any animal or fowl which howls, barks, or emits audible sounds that are unreasonably loud or disturbing and which are of such character, intensity, and duration as to disturb the peace and quiet of the neighborhood or to be detrimental to the life and health of any individual.
(3) Unnecessary sounding horns:
(a) Sounding of any horn or other signal device on any motor vehicle or motorcycle except as a warning of danger.
(4) Radios, television sets, musical instruments, loudspeakers, loud-speaker systems, and similar devices:
(a) Operating, playing, or permitting the operation or playing of any radio, television set, phonograph, drum, musical instrument, loud-speaker, and loudspeaker system, or similar device in such a manner as to violate the peace and quiet of the neighborhood or to be detrimental to the life and health of any individual.
(b) Non-commercial public speaking, public assembly, or other activities for which a permit has been issued by the Section of Licensing shall be exempt from the operation of this provision.
(5) Street Sales
(a) Offering for sale, selling, or advertising an object or service within the City market houses or streets or sidewalks, by shouting or outcry in a louder voice than would be used in ordinary conversation in transacting any business in or about the places herein named.
(6) Loading and Unloading
(a) Loading, unloading, opening, closing, or other handling of boxes, crates, containers, materials, or objects in such a manner as to violate the provision of Section 729.06.
(7) Powered Model Vehicle:
(a) Operating or permitting the operation of powered model vehicles, without a permit issued by the appropriate authority, in such a manner as to violate the provision of Section 729.06.
(8) Stationary Non-Emergency Signalling Devices:
(a) Sounding or permitting the sounding of any stationary bell, chime, siren, whistle, or similar device, intended primarily for non-emergency purposes in such a manner as to violate the provisions of Section 729.06.
(b) Houses of religious worship shall be exempt from the operation of this provision, as shall other sound sources for which a permit has been issued by the appropriate authority.
(9) Emergency Signalling Devices:
(a) The intentional sounding or permitting the sounding outdoors of any fire, burglar, or civil defense alarm, siren, whistle, or similar device, except for emergency purposes or testing.
(10) Domestic Power Equipment and Construction/ Demolition Power Equipment:
(a) Domestic Power Equipment. Operating or permitting the operation of any power equipment used for home or minor building repair or grounds maintenance, including but not limited to any powered saw, sander, drill, grinder, lawn mower or garden equipment, snow blower or other similar power equipment in such a manner as to create noise across a residential or institutional property boundary in excess of 80 dBA for 8 hours, 85 dBA for 4 hours, 90 dBA for 2 hours, 95 dBA for 11 hours, 100 dBA for one-half hour, or 105 dBA for any time between 7 a.m. and 10 p.m. or in violation of the provisions of Section 729.06 between 10 p.m. and 7 a.m. Any stationary motor, engine, machinery, pump, or power generator shall be sufficiently enclosed or muffled and maintained so as not to violate the provisions of Section 729.06.
(b) Construction/Demolition Power Equipment. Operating or permitting the operation of any tools or equipment used in the construction, drilling repair, alteration, or demolition work on buildings, structures, streets, alleys or appurtenances, for which a building permit is required between the hours of 10 p.m. and 7 a.m. or at any time on Sundays in such a manner as to violate the provisions of Section 729.06 across a residential or institutional property boundary or, for all other times, in such a manner as to create noise across a residential or institutional property boundary in excess of 90 dBA for 8 hours, 95 dBA for 4 hours, 100 dBA for 2 hours, 105 dBA for 1 hour, 110 dBA for one-half hour, or 115 dBA for any time.
(c) Any construction or demolition activity contiguous to commercial or manufacturing property boundaries only, or for emergency work of public service utilities, or for which a variance has been issued by the appropriate authority shall be exempt from the operation of this provision. (Ord. 72-90.)
729.08 Special provisions (exemptions).
(A) The provisions of Chapter 729 shall not apply to the following:
(1) The emission of sound for the purpose of alerting persons to the existence of an emergency, or the emission of sound in the performance of emergency work.
(2) Warning devices necessary for the protection of public safety.
(3) Outdoor gatherings, public dances, shows, and sporting and entertainment events, provided these events are conducted pursuant to a permit or license issued by the Section of Licensing.
(4) Public works projects as authorized by the State and/or other political subdivisions.
(B) The provisions of Section 729.06 shall not apply to those activities which are regulated by the provisions of Section 729.06 unless referred to in Section 729.07. (Ord. 72-90.)
729.09 Inspection.
(A) The appropriate authority may inspect upon consent, at any reasonable time and in a reasonable manner, any device or mechanism which creates any disturbing noise, including but not limited to the premises where such device or mechanism is used.
(B) If entry to the premises is denied or refused, the appropriate authority shall obtain an inspection warrant from a court of competent jurisdiction. (Ord. 2452-79.)
729.10 Variance procedure.
(A) Any person who violates any provision of Chapter 729 not covered by permit or license may file an application with the Health Commissioner for a variance. The applicant shall set forth all actions taken to comply with said provision, the reasons why compliance cannot be achieved, the proposed method of achieving compliance, and the proposed time schedule for its accomplishment. The application shall be accompanied by a fee in the amount of $50.00. A separate application shall be filed for each noise source; however, several mobile sources under common ownership, or several fixed sources on a single property may be combined into one application. Upon receipt of said application and fee the Health Commissioner will render a decision within 30 calendar days. (Ord. 72-90.)
729.11 Noise Variance Board.
Repealed by Ordinance 72-90.
729.12 Issuance of orders.
(A) The Health Commissioner or his designee may issue orders requiring the abatement of all violations of this chapter and the correction of any condition which may result in a violation of this chapter. Failure to act upon such order within the time limit set forth therein or within the time extension granted by the Commissioner or his designee, may result in revocation of any existing permit issued under this chapter.
(B) Any person may file a complaint alleging violation of any provisions of this chapter with the City Attorney's Night Prosecutor's Office. (Ord. 72-90.)
729.13 Severability.
If any provision of this chapter is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, the remaining provisions of this chapter shall not be invalidated. (Ord. 2452-79.)
729.99 Penalty.
Any person violating any of the provisions of this chapter shall be guilty of a minor misdemeanor on a first offense, and upon conviction thereof, shall be fined in a sum not to exceed $100.00. On a second or subsequent offense, if less than (12) twelve months have elapsed since the last offense of the same provision, a person is guilty of a misdemeanor of the fourth degree and upon conviction thereof, shall be fined in a sum not to exceed $250.00 or imprisoned for a period not to exceed 30 days or both. Each day such violation shall constitute a separate offense and shall be punishable as such. (Ord. 2452-79.)
Chapter 731 RADON
731.01 Definitions.
(A) "Radon mitigation services" means any procedure performed for a fee for a purpose of altering or changing a private residence, commercial building or office or any other structure in order to reduce the level of radon gas within the structure.
(B) "Radon test" means any procedure performed for a fee for the purpose of determining a radon gas level in private residences, commercial buildings and offices, or any other structure.
(C) "Structure" means an assembly of materials forming a construction for occupancy or use.
(D) "Radon" means the chemical element radon, specifically radon-222 and its progency polonium-218, lead-214, bismuth-214, and polonium-214.
(E) "Radon tester" means any person who performs a radon test.
(F) "Radon mitigator" means any person who performs radon mitigation. (Ord. 3051-88.)
731.02 Certification required for radon testing services.
(A) No person shall perform or offer to perform a radon test in any structure in the City of Columbus without first obtaining and holding certification to perform radon tests from the Radon Certification Board.
(B) Employees of laboratories which have successfully participated in the most current round of the United States Environmental Protection Agency's Radon/Radon Progency Measurement Proficiency Program and which provide only the sale of the testing device and the analysis of the detector and do not enter the tested structure to perform either task shall be exempt from this provision. (Ord. 3051-88.)
731.03 Certification required for radon mitigation services.
No person shall perform or offer to perform radon mitigation in the City of Columbus without first obtaining and holding certification to perform radon mitigation from the Radon Certification Board. (Ord. 3051-88.)
731.04 Radon Certification Board.
(A) There is hereby created a Radon Certification Board, consisting of five (5) members. Four members shall be appointed by the Mayor with the concurrence of Council. One member shall be a representative of the Columbus Department of Health, one a representative of Division of Regulations, one a representative of radon testers or Radon Mitigators who resides in the City of Columbus or owns a business with an office in the City of Columbus, one a resident of Columbus as recommended by the Columbus Board of Realtors, and one a resident of the City of Columbus who is not affiliated with the above names interests represented, who shall be appointed by the four aforementioned representatives. Members of the Radon Certification Board shall serve two year terms and shall not serve more than two consecutive terms. Vacancies on the Radon Certification Board shall be filled by appointment by the Mayor with the concurrence of Council except for the appointment to the at-large position which shall be filled by appointment by the Radon Certification Board.
(1) The Radon Certification Board shall have the power to grant and revoke certifications for persons providing radon testing and radon mitigation. The Radon Certification Board shall require that the following minimum criteria are met prior to certification under this chapter.
(a) Successful completion of the course "reducing radon in structures," provided by the United States Environmental Protection Agency, or an equivalent course as determined by the Radon Certification Board.
(b) Successful completion of a test administered by the Radon Certification Board.
(2) The Radon Certification Board shall issue an identification card bearing a unique certification number to all applicants successfully acquiring certification.
(3) Certification, unless renewed, shall expire one (1) year following certification.
(4) Re-certification shall be automatic upon satisfaction of the following conditions:
(a) The certified radon tester or mitigator must petition the Radon Certification Board for re-certification.
(b) The certified radon tester or mitigator shall submit a re-certification fee as required by this chapter.
(5) The Radon Certification Board shall establish a procedure for revocation of certification.
(a) The revocation procedure shall be initiated by a written notification by the Radon Certification Board to the certified radon tester or mitigator of any alleged infractions. Notification shall be sent by certified mail, return receipt requested. The certified radon tester or mitigator shall respond to the allegations within thirty (30) days. Where appropriate a reasonable period of time shall be granted to correct infractions. If the certified radon tester or mitigator fails to respond to allegations within thirty (30) days, or if the Radon Certification Board rejects the response of the certified radon tester or mitigator, a hearing shall be scheduled to provide the certified radon tester or mitigator an opportunity to present evidence as to why certification should not be revoked.
(b) Infractions may include but are not limited to the following acts:
i. Failure to follow established procedures.
ii. Falsification of records.
iii. False or misleading advertising.
iv. Deceptive business practices.
v. Failure to submit required records.
vi. Failure to submit appropriate fees.
vii. Failure to maintain adequate records.
(B) Certified radon testers and mitigators shall at all times observe the following practices:
(1) The certified radon tester or mitigator shall observe testing protocols approved by the Radon Certification Board.
(2) Records shall be maintained on all testing equipment used by the certified radon tester or mitigator and records shall include manufacturer, model, unit identifications, dates of calibration, persons performing calibration and type of calibration source. These records shall be available for inspection by the Radon Certification Board at any time.
(3) All equipment used by the certified radon tester or mitigator shall be calibrated to adherence to manufacturer's specifications with respect to calibration procedure and frequency.
(4) When an independent laboratory is used to analyze radon detection devices, the certified radon tester or mitigator shall only employ laboratories that have successfully participated in the most recent of United States Environmental Protection Agency Radon/Radon Progency Measurement Proficiency Program.
(C) The certified radon tester or mitigator shall for each test complete and submit to the consumer and the Columbus Health Department a form containing at a minimum the following information:
(1) Name and address of the consumer of the services.
(2) The address of the test site.
(3) A questionnaire approved by the Radon Certification Board.
(4) The date of the test.
(5) The locations, methods, radon levels and date of the measurement.
(6) Atmospheric conditions during the test.
(7) A disclaimer by the Columbus Health Department.
(8) The signature of the consumer, the certified radon tester or mitigator and the certification number of the tester.
(D) The Columbus Health Department shall collect a fee for certification of radon testers.
(1) A fee of one hundred dollars ($100.00) shall be collected for certification or recertification.
(2) A fee of thirty dollars ($30.00) shall be collected for administering the examination for certification. (Ord. 3051-88.)
731.05 Information required.
A certified radon mitigator shall for each mitigation job complete and submit to the consumer and the Columbus Health Department a form containing at a minimum the following information.
(1) The name and address of the consumer of the services.
(2) The location of the mitigation work.
(3) A questionnaire approved by the Radon Certification Board.
(4) The dates of mitigation.
(5) The locations, methods, radon levels and date of screening measurement.
(6) The name of persons performing the screening measurements.
(7) The pre-mitigation radon levels, locations, methods, determined by the certified radon mitigator.
(8) The mitigation method employed.
(9) The post mitigation radon levels, locations, and methods determined by the certified radon mitigator.
(10) A disclaimer by the Columbus Health Department.
(11) The signature of the consumer, the certified radon mitigator, the contractor's license number and certification number, the signature of the building inspector and the building permit number. (Ord. 3051-88.)
731.06 Certification fee.
(A) The Columbus Health Department shall collect a fee for certification of radon mitigators.
(1) A fee of one hundred dollars ($100.00) shall be collected for certification or recertification.
(2) A fee of thirty dollars ($30.00) shall be collected for administering the examination of certification. (Ord. 3051-88.)
731.07 Radon tests.
(A) No test for radon shall be performed by a certified radon tester or mitigator except in conformance with the Radon Testing Specifications of the Columbus Health Department which specifications shall be duly promulgated and published.
(B) No certified radon tester or mitigator shall fail to remit to the Columbus Health Department any survey sheet, test results, or other documentation required by the Columbus Health Department relating to radon testing services or radon mitigation services. (Ord. 3051-88.)
731.08 Regulations.
The Columbus Board of Health and the Radon Certification Board may promulgate and publish rules and regulations to further the objectives, expressed or implied, of this chapter. (Ord. 3051-88.)
731.99 Penalties.
(A) Whoever violates or fails to comply with any provision of this chapter or any valid order issued pursuant thereto is guilty of a misdemeanor of the third degree and shall be fined not more than five hundred dollars ($500.00) or imprisoned for not more than sixty (60) days or both. Each day that such violation or noncompliance continues shall constitute a separate and complete offense.
(B) Whoever violates or fails to comply with any rule or regulation adopted by the Department of Health or the Radon Certification Board pursuant to authority granted in this chapter is guilty of a misdemeanor of the third degree and shall be fined not more than five hundred dollars ($500.00) or imprisoned for not more than sixty (60) days or both. Each day that such violation or noncompliance continues shall constitute a separate and complete offense.
(C) Regardless of the penalty otherwise provided in this section, an organization convicted of a violation of or noncompliance with this chapter or any rule or regulation adopted by the Columbus Department of Health or the Radon Certification Board pursuant to authority granted by this chapter shall be guilty of a misdemeanor of the third degree, and shall be fined not more than three thousand dollars ($3,000). (Ord. 3051-88.)