Granville Community Calendar

Ordinance 24-05

WHEREAS, on June 14, 2002, an application for a Planned Commercial District Development Plan (Development Plan) was filed by Speedway SuperAmerica to construct a Speedway gasoline station together with a convenience store at the southwest corner of State Route 16 and Cherry Valley Road in the Village of Granville, Ohio; and

 

            WHEREAS, said application was submitted to the Granville Planning Commission for review in accordance with Section 1171.04 of the Granville Codified Ordinances; and

 

            WHEREAS, the Granville Planning Commission conducted a public hearing on this application on June 24, 2002, and took additional public comment on June 8, 2002; and

 

            WHEREAS, on July 22, 2002, the Granville Planning Commission, by a vote of 2-2, with one member absent, made no recommendation regarding the application but forwarded proposed Findings of Fact and attached exhibits to this Council; and

 

            WHEREAS, this Council considered this application and conducted a public hearing on this application on September 18, 2002, after Speedway SuperAmerica waived procedural deficiencies, if any, associated with the 2-2 vote and no recommendation position on the application taken by the Granville Planning Commission; and

 

WHEREAS, on October 16, 2002, Council considered Ordinance 14-02, which would have approved the Development Plan, and defeated said Ordinance; and

 

WHEREAS, Speedway filed an appeal to the Licking County Court of Common Pleas, Case No. 02CV1238; and

 

WHEREAS, on November 6, 2002, Council passed a resolution adopting the Council Findings of Fact concerning the development plan of Speedway; and

 

WHEREAS, Speedway filed a second appeal to the Licking County Court of Common Pleas, Case No. 02CV1239; and

 

WHEREAS, on December 6, 2002, Council filed a motion to dismiss for lack of subject matter jurisdiction; and

 

WHEREAS, the trial court granted Council’s motion in a Judgment Entry dated May 1, 2003, wherein the trial court found that Council’s denial of Speedway’s application was a legislative act not subject to appeal under R.C. 2506; and

 

WHEREAS, Speedway filed an appeal of that decision in the Licking County Court of Appeals, Fifth Appellate District; and

 

WHEREAS, the Licking County Court of Appeals, Fifth Appellate District, reversed the trial court’s dismissal, finding the denial of a development plan to be an administrative act and subject to R.C. Chapter 2506; and

 

WHEREAS, via Memorandum of Decision filed May 21, 2004, the trial court reversed the decision of this Council, finding its denial of Speedway’s application was not supported by the preponderance of substantial, reliable and probable evidence on the whole record; and

 

WHEREAS, the trial court reversed the decision of Council and approved Speedway’s Development Plan in a Judgment Entry filed June 2, 2004; and

Ord. No. 24-05

Page 2

 

WHEREAS, Council appealed the trial court’s decision to the Licking County Court of Appeals, Fifth Appellate District, Case No. 04CA51, and in a Judgment Entry dated January 10, 2005, the court found that the trial court did not abuse its discretion in finding that Council’s decision was not supported by the preponderance of reliable, probative and substantial evidence on the whole record, and therefore affirmed the judgment of the Licking County Court of Common Pleas; and

 

WHEREAS, on February 17, 2005, Council appealed the decision of the Licking County Court of Appeals, Fifth Appellate District, Case No. 04CA51, to the Supreme Court of Ohio, Case No. 05-0355; and

 

WHEREAS, on May 25, 2005, Justice Thomas J. Moyer filed an entry declining jurisdiction to hear Council’s case and dismissed the appeal as not involving any substantial constitutional question; and

 

WHEREAS, Council must hereby act in accordance with the judgment of the Licking County Court of Appeals, Fifth Appellate District. 

 

            NOW, THEREFORE, BE IT ORDAINED by the Council of Granville, Ohio, that:

 

            Section 1.  The  accompanying plan depicting the location of the Speedway SuperAmerica gasoline station and convenience store at the southwest corner of State Route 16 and Cherry Valley Road, Granville, Ohio, hereto attached and marked Exhibit “A”, be and is hereby made a part of this Ordinance.

 

Section 2.    The Speedway SuperAmerica Development Plan as submitted to the Granville Planning Commission be and is hereby approved subject to the following conditions:

 

A.                                         All conditions set forth in the Granville Planning Commission’s Memorandum to Granville Village Council Re: Application 02-081, Speedway SuperAmerica, attached to the Granville Planning Commission’s Findings of Fact: Zoning & Architectural Application.

 

B.                                         The Applicant agrees to make the modifications to accommodate traffic and mitigate traffic impact as proposed by Doyle Clear at the public hearing on September 18, 2002.

 

Section 3.         This Ordinance shall take effect and be in full force from and after the earliest period allowed by law.

 

 

Ordinance 23-05

 

 WHEREAS, pursuant to the provisions of Section 2.08 of Article II of the Charter of the Village of Granville, Ohio, the Village Council is authorized to adopt the Municipal Budget for the fiscal year beginning January 1, 2005 and ending December 31, 2005, and;

 

 WHEREAS, the Manager has recommended appropriations to supplement previously made appropriations.

 

 NOW, THEREFORE, be it ordained by the Council of Granville, Ohio, that:

 

Section I: The annual budget of the Village of Granville, as established by Ordinance No. 30-04, be amended by the Council, as recommended by the Manager, and is hereby adopted.

 

Section II: To provide for Operating Expenditures during the fiscal year ending December 31, 2005, the following appropriations are hereby made in the Fema Fund:

 

 Account No. Account Add

B16-6-B-270 Transfer (Fema Fund) $77,179

 

 

Section III: To provide for Operating Expenditures during the fiscal year ending December 31, 2005, the following appropriations are hereby made in the Equipment Reserve Fund:

 

 Account No. Account Add

F2-1-A-250 Capital Outlay (Tornado Siren) $5,000

 

 

Section III: That this ordinance shall take effect and be in full force from and after the earliest period allowed by law.

 

Ordinance 19-05

*ORDINANCE WITHDRAWN AT THE REQUEST OF APPLICANT


WHEREAS, the owner of the property, Mary Lee VanMeter has requested a rezoning of the property located at 122 North Pearl Street, from current zoning of Village Residential District (VRD) to the zoning reclassification of Village Business District (VBD); and,


WHEREAS,the Granville Planning Commission, after conducting a public hearing on the application and considering the issue, has recommended that this property not be rezoned; and,


WHEREAS,the Granville Planning Commission believes that this property is not suitable for the zoning classification of Village Business District, at this time.


NOW,THEREFORE, be it ordained by the Council of Granville, Ohio, that:


Section I: Upon recommendation of the Planning Commission and after a public having the application for rezoning is denied.


Section II: This Ordinance shall take effect and be in full force and effect upon the earliest date allowed by law.

Ordinance 18-05

              WHEREAS, pursuant to the provisions of Section 2.08 of Article II of the Charter of the Village of Granville, Ohio, the Village Council is authorized to adopt the Municipal Budget for the fiscal year beginning January 1, 2005 and ending December 31, 2005, and;              
WHEREAS, the Manager has recommended appropriations to supplement previously made appropriations.              
NOW, THEREFORE, be it ordained by the Council of Granville, Ohio, that:  
Section    I:       The annual budget of the Village of Granville, as established by Ordinance No. 30-04, be amended by the Council, as recommended by the Manager, and is hereby  adopted.  
Section   II:       To provide for Operating Expenditures during the fiscal year ending December 31, 2005, the following appropriations are hereby made in the General Fund:  
Account No.             Account                                                                      Add   A1-6-G-250              Capital Outlay                                                         $45,000
                                            (Sidewalks)  
Section III:       That this ordinance shall take effect and be in full force from and after the earliest period allowed by law.      

Ordinance 16-05

 

 WHEREAS, Brews and Blues Holding, LLC is desirous of entering into a lease for the West-side Improvements to the premises located at 116 East Broadway, Granville, Ohio; and

 

 WHEREAS, The Village of Granville and Brews and Blues Holding, LLC have negotiated a lease agreement for said premises; and

 

 WHEREAS, Council finds that said lease agreement is in the best interests of the Village of Granville.

 

 NOW THEREFORE BE IT ORDAINED by the Council of Granville, Ohio, that: 

 

 Section 1. Council hereby authorizes the Village Manager to execute the Lease Agreement with Brews and Blues Holding, LLC attached hereto, identified as Exhibit A, for the lease of the west-side improvements to the premises located at 116 Broadway commencing on May 1, 2005, on the terms and conditions specified in Exhibit A.

 

Section 2: This Ordinance shall take effect and be in full force from and after the earliest date permitted by law.

 

 

Ordinance 15-05

 WHEREAS, Brews and Blues Holding, LLC is desirous of entering into a lease for the unoccupied air space above the porch on the Southside of 116 East Broadway, Granville, Ohio; and 

 

 WHEREAS, The Village of Granville and Brews and Blues Holding, LLC have negotiated a lease agreement for said premises; and

 

 WHEREAS, Council finds that said lease agreement is in the best interests of the Village of Granville.

 

 NOW THEREFORE BE IT ORDAINED by the Council of Granville, Ohio, that: 

 

 Section 1. Council hereby authorizes the Village Manager to execute the Lease Agreement with Brews and Blues Holding, LLC attached hereto, identified as Exhibit A, for the lease of the unoccupied air space above the porch on the southside of 116 East Broadway, Granville, Ohio premises commencing on May 1, 2005, on the terms and conditions specified in Exhibit A.

 

Section 2: This Ordinance shall take effect and be in full force from and after the earliest date permitted by law.

 

 

Ordinance 14-05

            NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF GRANVILLE, OHIO, that:

 

Section   I:      Section 925.17(a) of the Codified Ordinances of Granville, Ohio, is hereby amended to read as follows:

 

                        925.17 GENERAL RULES FOR CHARGES AND PAYMENTS.

 

a)  Bills shall be due and payable upon issue by the Municipality and must be paid at the municipal office by the fifteenth of that month.  Accounts not cleared by thirty days from the date of issue shall be considered as being delinquent and water service shall be discontinued at any time thereafter.

 

All unpaid water rents and sewer charges shall become due and payable on the fifteenth day of each month (excepting if the fifteenth happens to fall on a weekend or city-recognized holiday, then the next work day) following receipt of the bill.  After the due date, a ten percent (10%) late fee shall be assessed against any unpaid water and sewer charge(s).  

 

Section  II:      Existing Section 925.17(a) of the Codified Ordinances of Granville, Ohio,  is hereby repealed.

 

Section III:       This ordinance shall take effect and be in force from and after the earliest date allowed by law.

 

 

Ordinance 13-05

               NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF GRANVILLE, OHIO, that:

 

Section   I:      Section 925.18 of the Codified Ordinances of Granville, Ohio, is hereby  amended to read as follows:

 

                        925.18 RATES FOR RESIDENTIAL AND BUSINESS CONSUMERS.

 

The prices to be charged for water furnished by the Water Division to residential and business consumers situated in the municipality are hereby fixed as follows:

 

a)  If the total water used in any one (1) month period is 1000 gallons or less, there shall be a charge of two dollars and eighty-five cents ($2.85).  three dollars and forty cents ($3.40).

 

b)  If the total water used in any one (1) month period is more than 1000 gallons, the charge for all water used shall be at the rate of two dollars and eighty-five cents ($2.85) three dollars and forty cents ($3.40) per 1000 gallons or for any fractional part thereof.

 

c)  All utility accounts will be charged at least a minimum monthly utility bill unless the water service has a final reading or is shut off at the curb stop by the Granville Utilities Department.

 

Section  II:      Existing Section 925.18 of the Codified Ordinances of Granville, Ohio, is  hereby repealed.

 

Section III:       This ordinance shall take effect and be in force from and after the earliest  date allowed by law.

Ordinance 12-05

 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF GRANVILLE, OHIO, that:

 

Section I: Section 921.07 of the Codified Ordinances of Granville, Ohio, is hereby amended to read as follows:

 

 Section 921.07 SEWER SERVICE CHARGES.

 

For the purpose of providing for the cost of the management, maintenance, operation and repair of the sewerage system and sewage pumping, treatment and disposal works, and for the enlargement or replacement of the system and works, and for the construction and reconstruction of main and interceptor sewers and the payment of interest on any debt incurred for the construction thereof, there is hereby levied and assessed upon each lot or parcel of land in the Village of Granville on which a building, commercial, industrial, institutional or residential is located, which is connected to the Village of Granville sewer system, a sewer service charge as hereinafter provided. All classes of users shall be levied charges on the same basis as described hereinafter.

 

The sewer service charge shall be calculated on the volume of waste-water discharged directly or indirectly into the sewer system and shall be measured by the water used by each sewer user as shown by water meter readings. The sewer service charge for the Village of Granville shall consist of a debt service charge of one dollar and seventy five cents (1.75) per thousand gallons and a user charge for operation, maintenance and replacement (OM & R) of three dollars and twenty-two cents ($3.22) three dollars and ninety cents ($3.90) per thousand gallons. If the total sewage (as measured by water meter readings) discharged in any one (1) month period is less than one thousand (1000) gallons, there shall be a minimum charge of four three dollars and ninety seven cents ($4.97) ($3.90). Such minimum charge shall be for debt service in the amount of one dollar and seventy five ($1.75) and for OM& R in the amount of three dollars and twenty-two cents ($3.22) three dollars and ninety cents ($3.90).

 

The sewer service system charge will be audited annually by the Village with the charges being adjusted upwards or downwards in order to assure that the system is and will continue to be self sufficient and that sufficient revenue is being generated from each user class in the proper proportions. No free service shall be provided in this service charge system. Each user will be notified by the Village, at least annually, in conjunction with a regular bill, of the rates for that year and that portion of the service charges which are attributable to the user charge for operation, maintenance and replacement of the system. In addition, rates will be reviewed and adjusted accordingly to compensate users of each class for any overages and underages accumulated during the previous rate period. The sewer service charge herein assessed shall be in addition to the charge made for water used.

 

Where a private supply is used, the sewer service charge may be calculated by requiring the property owner to meter the private water

supply, such metering to be at the property owner's expense and such measurement to be used in the same manner as a public water meter in determining the charge. The Village may, at its option, in lieu of such metering, apply a sewer service charge of fifty dollars ($50.00) per month to such premises. Each resident, institution, commercial or industrial establishment shall be subject to a separate sewer service charge even though such establishment may be served by a sewer connection common to other premises. If it be found by the citizen that the water or waste measured or metered for any customer is greater than that actually being discharged directly or indirectly into the sewage system, the Village may modify and adjust such volume in accordance with the facts and with justice and equity, but no charge less than the minimum shall be made for any customer subject to the sewer service charge.

 

Where a private water supply is used and/or the user desires to meter his water use or sewage flow, the owner shall incur all expenses related to the installation of said meter. Prior to installation of the meter, the type of equipment installed and its location must be approved by the Village. Prior to placing said meter into use after installation, the Village shall inspect and approve or disapprove the meter installation. Any modifications required by the Village shall be made at the user's expense and prior to the meter's use. The meter shall be located in a suitable location that will accommodate readings by Village personnel. Tampering with the meter by the user to cause inaccurate readings shall make the user subject to the penalty provisions of Section 921.99.

 

Section II: This ordinance shall take effect and be in full force from and after the earliest period allowed by law.

 

 

Ordinance 11-05

 WHEREAS, pursuant to the provisions of Section 2.08 of Article II of the Charter of the Village of Granville, Ohio, the Village Council is authorized to adopt the Municipal Budget for the fiscal year beginning January 1, 2005 and ending December 31, 2005, and;

 

 WHEREAS, the Manager has recommended appropriations to supplement previously made appropriations.

 

 NOW, THEREFORE, be it ordained by the Council of Granville, Ohio, that:

 

Section I: The annual budget of the Village of Granville, as established by Ordinance No. 30-04, be amended by the Council, as recommended by the Manager, and is hereby adopted.

 

Section II: To provide for Operating Expenditures during the fiscal year ending December 31, 2005, the following appropriations are hereby made in the General Fund:

 

 Account No. Account Add

 

A1-6-A-250 Capital Outlay $50,000

 (Mt. Parnassus & East Broadway)

 

Section III: That this ordinance shall take effect and be in full force from and after the earliest period allowed by law.

Ordinance 08-05

            WHEREAS, St Luke’s Episcopal Church is desirous of entering into a long-term lease for the premises located at 118 South Main Street, Granville, Ohio; and

 

            WHEREAS, The Village of Granville and St. Luke’s Episcopal Church have negotiated a lease agreement for the premises located at 118 South Main Street; and

 

            WHEREAS, Council finds that said lease agreement is in the best interests of the Village of Granville.

           

            NOW THEREFORE BE IT ORDAINED by the Council of Granville, Ohio, at least five of its members concurring that:     

 

            Section 1.  Council hereby authorizes the Village Manager to execute the Lease Agreement with St. Luke’s Episcopal Church attached hereto, identified as Exhibit A, for the lease of the premises located at 118 South Main Street commencing on March 1, 2005, on the terms and conditions specified in Exhibit A.

 

Section 2:  This Ordinance is hereby declared to be an emergency ordinance that is necessary for the public peace, safety, health, morals and welfare.  The reason for such necessity is that immediate action is necessary in order to allow the Village to permit the continued use and occupancy of the Village’s property located at 118 South Main Street by St. Luke’s Episcopal Church without disruption thereof. Therefore, this ordinance shall take effect immediately upon passage.

 

 

Ordinance 06-05

   WHEREAS, the Village of Granville has defined a Transportation Corridor Overlay District for the Cherry Valley Road corridor in Chapter 1176 of the Codified Ordinances; and

 

WHEREAS, the Transportation Corridor Overlay District is necessary in order to ensure that new developments and redevelopments on lands served by Cherry Valley Road and South Galway Drive do not overwhelm the carrying capacity of the new roadway system; and

 

WHEREAS, the Transportation Corridor Overlay District will limit corridor traffic volumes to acceptable levels and define specific points of access within the Cherry Valley Road Corridor.

 

NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF GRANVILLE, OHIO, that:

 

Section I:          Chapter 1176 of the Codified Ordinances of the Village of Granville, attached herein as Exhibit “A,” is hereby approved, adopted and enacted.

 

Section II:         This Ordinance shall take effect at the earliest time provided by the laws of the State of Ohio and the Charter of the Village of Granville.

  

 

Ordinance 05-05

   WHEREAS, the Village Council desires to promote the public health, safety and welfare of the citizens of the Village; and

 

WHEREAS, Chapter 1195 entitled “Traffic Impact Study” will facilitate this goal by ensuring adequate transportation facilities to serve growth, development and redevelopment; and

 

WHEREAS, Chapter 1195 of the Codified Ordinances is intended to establish fair and equitable requirements for roadway infrastructure improvements for applicants seeking approvals for rezoning, zoning variances, special permits, and preliminary subdivision plats for large-scale projects; and

 

WHEREAS, Chapter 1195 hereby authorizes the Village to identify the need for either a detailed traffic impact study or a limited traffic operations analysis when rezoning, variance, or plan approval petitions are filed and in response to an access permit application.   

 

NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF GRANVILLE, OHIO, that:

 

Section I:          Chapter 1195 of the Codified Ordinances of the Village of Granville, attached herein as Exhibit “A,” is hereby approved, adopted and enacted.

 

Section II:         This Ordinance shall take effect at the earliest time provided by the laws of the State of Ohio and the Charter of the Village of Granville.

  

 

Ordinance 04-05

 WHEREAS, the Village Council desires to promote the public health, safety and welfare of the citizens of the Village; and

 

WHEREAS, Chapter 1196 entitled “Access Management Plan” will serve this goal by providing an efficient manner to cope with the problems associated with traffic congestion and safety caused by motorists turning at driveways and intersections; and

 

WHEREAS, Chapter 1196 is necessary in order to: 1) promote public safety by minimizing accidents; 2) improve the driving experience by increasing mobility and decreasing delay; 3) provide necessary and safe access to property; and 4) minimize costs by making more efficient use of existing and proposed roads.

 

NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF GRANVILLE, OHIO, that:

 

Section I:          Chapter 1196 of the Codified Ordinances of the Village of Granville, attached herein as Exhibit “A,” is hereby approved, adopted and enacted.

 

Section II:         This Ordinance shall take effect at the earliest time provided by the laws of the State of Ohio and the Charter of the Village of Granville.

 

Ordinance 03-05

   WHEREAS, the Village of Granville has defined a Thoroughfare Plan for the Village and adjacent areas; and

 

WHEREAS, the Thoroughfare Plan is necessary in order to: 1) establish and maintain a roadway system as a component of a balanced and integrated area-wide transportation system; 2) achieve compatibility between the roadway system, land-use, and environmental quality as presented in the 1998 Comprehensive Plan; 3) promote a safe, and effective roadway system; and 3) 4) promote the development of roadway services and facilities which will serve to support the economic growth of the Village.

 

NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF GRANVILLE, OHIO, that:

 

Section I:          The Thoroughfare Plan, attached herein as Exhibit “A,” is hereby approved and adopted.

 

Section II:         This Ordinance shall take effect at the earliest time provided by the laws of the State of Ohio and the Charter of the Village of Granville.

  

 

Ordinance 02-05

WHEREAS, the Village of Granville supports and encourages a smoke-free environment for its residents; and

 

WHEREAS, in the past twenty-five years more than 1,000 papers and studies have been published about secondhand smoke demonstrating severe and pervasive injury to non smokers exposed to tobacco smoke; and

 

WHEREAS, the United States Centers for Disease Control states that between 38,000 and 62,000 nonsmoking Americans die every year from exposure to secondhand smoke; and

 

WHEREAS, secondhand smoke has been shown to contain over 4000 chemical compounds, 200 of which are known poisons including carbon monoxide, arsenic, cyanide, benzene and formaldehyde; and

 

WHEREAS, secondhand smoke is classified as a "Class A Carcinogen" by the U.S.

Environmental Protection agency and, by definition, there is no safe level of exposure to a Class A Carcinogen; and

 

WHEREAS, secondhand smoke has been shown to substantially increase the risk of lung

cancer, nasopharyngeal cancer, breast cancer, heart disease in adults and sudden infant

death syndrome, asthma and airway disease in children; and

 

WHEREAS, nonsmoking workers chronically exposed to secondhand smoke are on

average one-third (1/3) more likely to get lung cancer than those who aren't exposed; and

 

WHEREAS, everyone has the right to breathe clean indoor air in public places and

workplaces; and

 

WHEREAS, no one should be required to risk disease and disability from secondhand

smoke to earn a living; and

 

WHEREAS, no one should suffer the risk or discomfort of exposure to secondhand smoke while indoors engaging in business, dining or entertainment; and

 

WHEREAS, everyone, even those made vulnerable because they are young or old or ill

should be able to enter a public place or work within a place of employment without fear

of harm from secondhand smoke; and

 

WHEREAS, our children deserve to grow up free of the hazards of secondhand smoke;

and,

WHEREAS, Council has determined that it is in the best interest of the residents and

employees within the Village of Granville and their health, welfare and safety to prohibit

smoking in public places and places of employment.

 

NOW, THEREFORE, BE IT ORDAINED by Council of Granville, Ohio, a majority of its elected members concurring, as follows:

 

            SECTION 1: Section 521.10 of the Codified Ordinances is hereby REPEALED;

 

SECTION 2: Section 521.99 of the Codified Ordinances is hereby AMENDED, and Sections 521.11, 521.12, 521.13, 521.14, 521.15, 521.16 and 521.17 are hereby ENACTED and ADOPTED, and shall read as follows:

 

            521.11             SMOKING PROHIBITIONS IN PUBLIC PLACES

 

            For purposes of this chapter:

 

       (a)  “Business” means a sole proprietorship, partnership, association, joint venture, corporation, or any limited liability form of any of the foregoing, or any other entity formed for profit-making purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural, financial, counseling or other professional or consumer services are provided.

 

       (b) “Employee” means a person who is employed by an employer, or who contracts with an employer or who contracts with a third person to perform services for an employer, or who otherwise performs services for an employer in consideration for direct or indirect monetary wages or profit, or any person who volunteers his or her services to such employer for no monetary compensation.

 

       (c)  “Employer” means an individual person, business, partnership, association, corporation, including a municipal corporation, trust, or any non-profit entity that accepts the provision of services from one or more employees.

 

(d) “Enclosed Area” means all space closed in by a roof or other overhead covering of any kind and walls or other side coverings of any kind on at least three sides with appropriate openings for ingress and egress.

 

(e) “Place of Employment” means an enclosed area under the control of a public or private employer that employees normally frequent during the course of employment, including but not limited to, private offices, work areas, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, employee gymnasiums, auditoriums, libraries, storage rooms, file rooms, mailrooms, employee medical facilities, rooms or areas containing photocopying or other office equipment used in common by employees, elevators, stairways, hallways, factories, warehouses, garages, laboratories, taxies, limousines, and company-owned vehicles used for a business purpose.  An enclosed area as described herein is a “Place of employment” without regard to time of day or actual presence of employees.  “Place of employment” only includes private residences, whether single or multifamily, if used as a child care, adult day care, or health care facility, or if a person uses a private residence in any way otherwise qualifying that person as an employer with respect to the use of that private residence; provided, however, that private residences are exempt from this chapter to the extent that the person providing the services is providing housecleaning, home maintenance or personal care services in the private residence.

 

   (f)  “Proprietor” means the owner, manager, operator, liquor permit holder, or             other person in charge or control of a public place or place of employment.

                  

(g)  “Public place” means an enclosed area to which the public is invited or in which the public is permitted and includes service lines.  A private residence is not a “public place” unless it is used as a childcare, adult day care, or health care facility.

 

(h)  “Service line” means an indoor line in which one or more persons are waiting for or receiving service of any kind, whether or not the service involves the exchange of money.

 

(i)  “Smoking” means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, weed, plant, or other smoking equipment in any manner or in any form.  “Smoking” does not include the burning or carrying of incense in a religious ceremony.

 

(j)  “Smoking materials” means any cigar, cigarette, pipe, weed, plant or other smoking equipment in any form.

 

(k) “Work area” means any room, desk, station or other area normally occupied by an employee while carrying out his or her primary work function.

 

(l)  “Retail tobacco store” means a retail store used primarily for the sale of smoking materials and smoking accessories and in which the sale of other products is incidental.  “Retail tobacco store” does not include a tobacco department of a larger commercial establishment such as a department store, discount store, or bar.

 

(m)  “Outdoor patio” means an outdoor area, open to the air at all times, that is either: enclosed by a roof or other overhead covering and not more than two walls or other side coverings; or has no roof or other overhead covering at all regardless of the number of walls or other side coverings.

 

 

            521.12             PROHIBITIONS

 

(a) No proprietor of a public place or place of employment shall permit smoking in said public place or place of employment within the Village of Granville, except as provided in section 521.13 of this chapter.

 

(b) All enclosed areas, including buildings and vehicles owned, leased, or operated by the Village of Granville, shall be subject to the provisions of this chapter.

 

(c)  All areas immediately adjacent to the ingress and egress of any enclosed area shall be subject to the provisions of this chapter so as to ensure that tobacco smoke does not enter the enclosed area through entrances, windows, ventilation systems, or other means.

 

            521.13             AREAS WHERE SMOKING IS NOT REGULATED BY THIS CHAPTER

 

            Notwithstanding any other provision of this chapter to the contrary, the following areas shall be exempt from the prohibitions in Section 521.12:

 

(a) Private residences, except if used as a licensed child care, adult day care, or health care facility, or if a person uses a private residence in any way otherwise qualifying that private residence as a place of employment; provided, however, that private residences are exempt from this chapter to the extent that the person providing services is providing housecleaning, home maintenance, cable or telephone repair or personal care services in the private residence.

 

(b) Hotel and motel rooms that are rented to guests and are designated as smoking rooms; provided, however, that not more than twenty (20) percent of rooms rented to guests in a hotel or motel may be so designated.

 

(c)  Family-owned and operated businesses in which all employees are related to the owner, and offices of self-employed persons in which all employees are related to the self-employed person, but only if the enclosed areas these businesses and offices occupy are not open to the public, are not in the same building with other enclosed areas subject to this regulation, and smoke from these businesses and offices does not infiltrate into enclosed areas where smoking is prohibited under the provisions of this chapter.

 

(d)  Any home, as defined in Section 3721.10(A) of the Ohio Revised Code, but only to the extent necessary to comply with R.C. 3721.13(A)(18) and rules promulgated according to that section.

 

(e) Retail tobacco stores as defined in Section 521.11(l) of this chapter in operation prior to the effective date of this ordinance.  Any new retail tobacco store or any existing retail tobacco store that relocates to another site may only qualify for this exemption if located in a freestanding structure, solely occupied by the retail tobacco store.

 

(f) Outdoor patios as defined in Section 521.11(m) of this chapter.  If the outdoor patio has a structure capable of being enclosed by walls, covers, solid surface fencing, or tents, regardless of the materials or the removable nature of the walls, covers, solid surface fencing, or tents, the space will be considered enclosed, when the walls, covers, fences, or tents are in place.  All outdoor patios shall be physically separated from an enclosed area.  If sliding or folding windows or doors or other windows or doors form any part of the border to the outdoor patio, the openings shall be closed to prevent the migration of smoke into the enclosed area.  If sliding or folding windows or doors or other windows or doors does not prevent the migration of smoke into the enclosed area, the outdoor patio shall be considered an extension of the enclosed area and subject to the prohibitions of this chapter.

 

            521.14             CONSTRUCTION; OTHER APPLICABLE LAWS

 

            This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws, and shall be liberally construed so as to further its purposes.

 

            521.15             DECLARATION OF ESTABLISHMENT AS NONSMOKING

 

            Notwithstanding any other provision of this chapter, the owner, manager, operator, liquor permit holder, or other person in charge or control of an establishment, facility, or outdoor area which does not otherwise qualify as a public place or place of employment may declare such establishment, facility, or outdoor area as a nonsmoking place.  Smoking shall be prohibited in any place in which a sign conforming to the requirements of Section 521.16 is posted.

 

            521.16             POSTING OF SIGNS; PROHIBITION OF ASHTRAYS; RESPONSIBILITIES OF PROPRIETORS

 

            In addition to the prohibitions contained in Section 521.12 of this chapter, the proprietor of a public place or place of employment shall comply with the following requirements:

 

(a)  “No Smoking” signs or the international “No Smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly and conspicuously posted in every public place and place of employment where smoking is prohibited by this chapter.  A sign shall be of sufficient size to be clearly legible to one of normal vision throughout the area it is intended to mark.  All signs shall contain a telephone number for reporting violations.

 

(b)  Every public place and place of employment where smoking is prohibited by this chapter shall have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited.

 

(c)  All ashtrays and other receptacles used for disposing of smoking materials shall be removed from any area where smoking is prohibited by this chapter unless such ashtrays or receptacles are for ornamental purposes only and are displayed in such a manner so as to preclude their use as receptacles for the disposal of smoking materials.

 

(d)  By June 1, 2005, every employer subject to the provisions of this chapter shall adopt, implement, make known, maintain and update to reflect any changes, a written smoking policy, which shall contain at a minimum the following requirements:

 

(1)  The prohibition of smoking except in accordance with the provisions of this chapter, and a description of the smoking restrictions adopted or implemented.

 

(2)  That (i) no person or employer shall discharge, refuse to hire, or in any manner retaliate against an employee, applicant for employment, or customer because that employee, applicant, or customer exercises any rights afforded by this chapter or reports or attempts to prosecute a violation of this chapter; and (ii) the establishment of a procedure to provide for the adequate redress of any such adverse personnel action taken against an employee in retaliation for that employee’s attempt to exercise his or her rights under this chapter with respect to the place of employment.

 

(e)  Employers shall prominently post the smoking policy in the workplace, and shall, within three weeks of its adoption and any modification, disseminate the policy to all employees, and to new employees when hired.

 

(f)  Employers shall supply a written copy of the smoking policy upon request to any employee or prospective employee.

 

(g)  A copy of the smoking policy shall be provided to the Licking County Board of Health upon request.

 

(h)  This section shall not be construed to permit smoking in any area in which smoking is prohibited pursuant to Section 521.12.

 

            521.17             ENFORCEMENT

 

            This chapter shall be enforced by the Licking County Board of Health and its designee(s).  The Health Commissioner and his or her designee(s), and the Village Manager and his or her designee(s) shall have concurrent jurisdiction to enforce all provisions of this chapter.

 

            521.18             SEVERABILITY

 

            If any provision, clause, sentence, or paragraph of this chapter or the application thereof to any person or circumstances shall be held invalid, that invalidity shall not affect the other provisions of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.

 

            521.99             PENALTY

 

(a)  Upon the receipt of a first report that a proprietor of a public place or place of employment has violated any provision of Sections 521.11 et seq. of this chapter, the Licking County Board of Health shall issue a warning letter to that proprietor. Thereafter the penalties contained in division (b) of this Section shall apply.

 

(b)  Whoever violates any provision of Sections 521.11 et seq. of this chapter is guilty of the offense of permitting smoking in public places or places of employment.  Such offense is a minor misdemeanor, punishable by a maximum fine of one hundred fifty dollars ($150.00).

 

(c)  Strict liability is intended for a violation of Sections 521.11 et seq. of this chapter.

 

(d)  All fines and costs collected as a result of enforcement of the provisions of Sections 521.11 et seq. of this chapter shall be paid directly to the enforcing agency to fund future enforcement and education.

 

(EDITOR’S NOTE: See Section 501.99 for penalties applicable to any misdemeanor classification.)

 

            SECTION 3:  That this ordinance shall take effect from and after the earliest period allowed by law, but shall not be enforced until the communities of Heath, Newark and Granville have all adopted substantially similar ordinances and they are all in effect by operation of law.

 

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