WHEREAS, believes that limiting the
placement of limbs within the Village's rights of way or front yards to
not more than one (1) week before a regularly scheduled or special pick-up
date is a reasonable regulation which furthers the health, safety and
welfare of the Village: and
WHEREAS; Council does not wish to punish
a merely negligent violation of this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY
THE COUNCIL OF ORANGE VILLAGE, COUNTY OF CUYAHOGA, STATE OF OHIO:
Section 1. That existing Chapter
521 of the Code of Ordinances of Orange Village be and the same hereby
is amended by the addition of Section 521.15, Placement of Tree Limbs in
Right of Way or Front Yard, which shall read and provide, in it's entirety,
*521.15 PLACEMENT OF TREE LIMBS IN RIGHT OF WAY OR FRONT
(a) Neither an owner nor an occupant
of any property, nor such owner's or occupant's agent, contractor or employee
shall place any tree limb or branch in any Village right of way or in the
front yard of any property knowing that the regularly or specially scheduled
branch collection day is more than one week after the day such tree limb
or branch is placed in the right of way or front yard.
(b) Upon being notified by any Village
official that tree limbs or branches have been placed in the Village right
of way or the property's front yard more than one week before a regularly
or specially scheduled branch collection date, no owner or occupant of
any property shall fail to remove or cause the removal, within twenty four
(24) hours of such notice from the Village, of any tree limb or branch
placed within the Village right of way or on the front yard of the property.
(c) Whoever violates any provision
of that section is guilty of a minor misdemeanor for the first offense,
and a misdemeanor of the fourth degree for any subsequent offense. Each
day's violation shall constitute a separate offense."
Section 2. That any and all
ordinances or parts thereof in conflict with this ordinance be and the
same hereby are repealed.
Section 3. That actions of this
Council concerning and relating to the passage of this legislation were
adopted in an open meeting of this Council and that all deliberation of
this Council and of any of its committees that resulted in such formal
action were in compliance with all legal requirements including Chapter
105 of the Codified Ordinances of Orange Village.
Section 4. That this ordinance
shall be in full force and effect at the earliest time permitted by law.
Passed 8-30-2005 Susan L Bonk, Clerk
Delivered to Mayor 8-30-2005
Signed Kathy U Mulcahy
Lisa S. Perry
President of Council