ORDINANCE NO. 2019-54 INTRODUCED BY ......2019/09/16 · Now, therefore, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LYNDHURST, CUYAHOGA COUNTY, STATE OF OHIO, THAT: SECTION 1. Section

Proposed

ORDINANCE NO. 2019-54

INTRODUCED BY: ADMINISTRATION

AN ORDINANCE AMENDING SECTION 1110.04 OF THE

PLANNING AND ZONING CODE OF THE CITY TITLED

“MEETINGS”

WHEREAS, an amendment to the City’s Planning and Zoning Code with regard

to Meetings of the City’s Planning Commission has been initiated by the Planning

Commission; and

WHEREAS, the same has been submitted to this Council for consideration, and

for adoption upon the recommendation of the Lyndhurst Planning Commission; and

WHEREAS, all public hearings have been conducted, and all necessary public

notices have been made and copies provided for public review. Now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LYNDHURST,

CUYAHOGA COUNTY, STATE OF OHIO, THAT:

SECTION 1. Section 1110.04 of the Planning and Zoning Code of the City

entitled “Meetings,” and referring to the City’s Planning Commission, is hereby amended

to read as follows (new material appears like THIS; deleted material appears like this):

1110.04 MEETINGS.

(a) The regular meetings of the Commission shall be held at the City Hall on the

fourth Thursday of each month at 7:30 7:00 p.m., except that when such day falls on a

holiday, the meeting shall be rescheduled. Special meetings shall be held upon the call of

the Chairperson, or in the absence of the Chairperson, the Vice-Chairperson.

(b) A majority of the Commission shall constitute a quorum for the transaction of

business at any regular or special meeting of the Commission. Except as otherwise

provided, Robert's Rules of Order shall be followed in the conduct of the meetings of the

Commission.

(c) Notices of the date, time and agenda of special meetings shall be communicated to

the Clerk of Council verbally or in writing, as such Clerk may require, at least seventy-

two hours in advance of such meeting, to permit such Clerk to comply with the

requirements of Ohio R.C. 121.22. In the event of an emergency requiring a meeting on

less notice than is provided in Ohio R.C. 121.22(F), the person or persons calling such

special meeting shall give notice to the Clerk or the Clerk's office so that immediate

notice may be given to the news media which have requested such notice.

(d) Persons desiring notices and agenda of meetings of the Commission, as provided

in Ohio R.C. 121.22, may deposit:

(1) Self-addressed, stamped envelopes with the Clerk of Council for one year;

or

(2) Two dollars ($2.00) if notice of only one meeting is desired; or

(3) Twenty-four dollars ($24.00) for notices and agendas of each meeting of the

Commission for each calendar year.

(e) If a regular meeting is not required because of the lack of public business, a notice

shall be posted to such effect, at least five days prior to such meeting, on or in the vicinity

of the bulletin board in the main lobby at the Municipal Center. Notice that a meeting is

not required shall be given by the Clerk of Council to all news media that have requested

notices or to the persons who have made the deposits referred to above.

SECTION 2. All other provisions of Sections 1110.04 of the Planning and

Zoning Code of the City not specifically amended herein shall remain in full force and

effect.

SECTION 3. The Council finds and determines that all formal actions of this

Council relating to the adoption of this Ordinance have been taken at open meetings of

this Council; and that deliberations of this Council and of its committees, resulting in

such formal action, took place in meetings open to the public, in compliance with all

Proposed

Ord. No. 2019 – 54

Page -2-

statutory requirements including the requirements of Section 121.22 of the Ohio Revised

Code.

SECTION 4. This Ordinance shall take effect at the earliest time allowed by law.

PASSED:

___________________________________

MAYOR

VICE MAYOR

ATTEST:

Clerk of Council

I, the undersigned Clerk of Council of the City of Lyndhurst, hereby certify that

there is no newspaper published or having an office of publication in said City, and that I

published the foregoing Ordinance by advertising the same by title on one day in each of

two consecutive weeks in a newspaper of general circulation in said City on

and .

____________________________________

Clerk of Council

First Reading: August 5, 2019

Second Reading: September 3, 2019

Third Reading: September 16, 2019

Proposed



AN ORDINANCE ENACTING CHAPTER 779 OF THE

CODIFIED ORDINANCES OF THE CITY OF LYNDHURST,

OHIO, TITLED “TATTOO AND BODY PIERCING

BUSINESSES,” AND DECLARING AN EMERGENCY

WHEREAS, tattoo and body piercing business, operations and procedures are

becoming more common among residents of the State of Ohio; and

WHEREAS, the reasonable regulation of the tattoo parlor business and body

piercing business is in the best interest of the residents of Lyndhurst, and is necessary to

promote the health, welfare and safety of the residents of the City; and

WHEREAS, an improperly operated or unclean tattoo parlor or body piercing

business location may have serious and detrimental effects upon the citizens of

Lyndhurst; and

WHEREAS, there exists a very real and distinct possibility of the transmission of

serious infectious diseases from the tattooing or body piercing of a person if a tattoo artist

or body piercer is not sufficiently skilled and knowledgeable of the dangers associated

with said activity; and

WHEREAS, the City of Lyndhurst is empowered to protect the health, safety and

welfare of its citizens; and

WHEREAS, the City of Lyndhurst can best inspect and oversee the operation of

tattoo parlors and body piercing businesses in the City; and

WHEREAS, the Council of the City of Lyndhurst believes that tattoo and body

piercing businesses should be permitted and subjected to reasonable inspections by the

City; and

WHEREAS, the State of Ohio and Cuyahoga County have adopted reasonable

rules to regulate the sanitary operation of tattoo parlors and body piercing facilities; and

WHEREAS, this Council desires to adopt an Ordinance to enforce the

regulations of the operation of tattoo parlors and body piercing facilities in the City by

making such business a conditional use; and

WHEREAS, an amendment to the City’s Planning and Zoning Code with regard

to Tattoo and Body Piercing Businesses has been referred to the Planning Commission

for review; and

WHEREAS, the Planning Commission reviewed the proposed amendment on

May 16 and June 27, 2019, and unanimously approved this amendment to the City’s

Planning and Zoning Code; and

WHEREAS, the same has been submitted to this Council for consideration, and

for adoption pursuant to the recommendation of the Lyndhurst Planning Commission;

and

WHEREAS, all public hearings have been conducted, and all necessary public

notices have been made and copies provided for public review. Now, therefore,

Proposed

Ord. No. 2019-55

Page 2

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LYNDHURST,

CUYAHOGA COUNTY, STATE OF OHIO, THAT:

SECTION 1. Chapter 779 of the Codified Ordinances of the City titled

“TATTOO AND BODY PIERCING BUSINESSES” is hereby enacted to read as

follows:

779.01 DEFINITIONS

All definitions used in this Chapter shall be as stated in Section 3701-9-01 of the Ohio

Administrative Code, as it may be amended from time to time.

779.02 LOCATION AND HOURS REQUIREMENTS

The location for a tattoo parlor or body piercing establishment shall be governed by the

following provisions:

(a) Spacing. No such use shall be established within fifteen hundred (1500) feet of

another such use.

(b) Hours. Tattooing or body piercing shall only be performed between the hours of

9:00 a.m. and 9:00 p.m.

(c) Modifications. The Planning Commission may recommend approval of an

application which does not meet the requirements of this Section if, after public notice

and hearing, the Planning Commission determines that the proposed use, by virtue of its

nature and location, will not adversely affect nearby residential areas or other protected

uses listed in paragraphs (a) and (b) of this section. The Planning Commission may

impose any conditions deemed necessary to prevent potential adverse impacts. Council

shall make the final determination of such modification.

779.03 TATTOO AND BODY PIERCING BUSINESS AS CONDITIONAL USE;

PERMIT REQUIRED

A tattoo and/or body piercing business is hereby classified as a conditional use which

may be permitted in all Community Business Districts in accordance with the

corresponding standards and requirements of the Planning and Zoning Code. A

Conditional Use Permit issued pursuant to Chapter 1156 of these Codified Ordinances

shall be required in order to operate a tattoo parlor and/or body piercing business; said

permit shall be effective for as long as the operator continues to own or operate the

business, and the annual permit is extended. In submitting an application for a

Conditional Use Permit, the applicant shall provide to the Planning Commission a floor

plan illustrating the proposed operation, a site plan indicating all on-site improvements, if

any, and any additional information as required by the Planning Commission.

Notification of the request for the Conditional Use Permit shall be given by the Secretary

of the Planning Commission to all record title holders of real property lying within 500

feet of the property line of the parcel upon which the conditional use is requested. Said

notice shall be by first class mail, postage prepaid.

779.04 PERMIT REQUIREMENTS

(a) It shall be unlawful for any person to engage in the business of operating a tattoo

parlor and/or body piercing establishment without first obtaining a Conditional Use

Permit to engage in such business in accordance with the provisions hereof. Once issued,

such permit shall remain in effect until conditions are changed, at which time a new

Conditional Use Permit must be reviewed by the Planning Commission, and issued by

City Council.

(b) Said Permit shall expire on December 31st of each calendar year unless extended

by the Building Department. Any change of business ownership shall require a new

application, with payment of fees therefor.

(c) A tattoo parlor and/or body piercing establishment shall not be operated as a

Home Occupation, but shall be a conditional use in a Community Business District only.

(d) A copy of valid Cuyahoga County Department of Health tattoo and/or body

piercing license is required prior to issuance of a City of Lyndhurst tattoo and/or body

piercing permit.

(e) The provisions of Chapter 3730 of the Ohio Revised Code, and Chapter 3701 of

the Ohio Administrative Code regulating tattooing and body piercing in the State of Ohio,

shall be applicable along with the provisions of this Chapter.

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Ord. No. 2019-55

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779.05 ESTABLISHMENT REQUIREMENTS

Each person, firm or corporation who operates a tattooing or body piercing

establishment within the City of Lyndhurst shall comply with the following requirements:

(a) Tattooing and Body Piercing Premises.

The premises in which tattooing and body piercing is performed shall comply at all

times with section 3701-9-04 of the Ohio Administrative Code.

(b) Preparation and Procedure for Tattooing.

The business and all persons performing tattoo services shall comply at all times

with Section 3701-9-05 of the Ohio Administrative Code.

(c) Preparation and Procedure for Body Piercing.

The business and all persons performing body piercing shall comply at all times with

Section 3701-9-06 of the Ohio Administrative Code.

(d) Sterilization of Equipment and Storage of Equipment.

All equipment shall be sterilized and stored in accordance with the requirements of

Section 3701-9-08 of the Ohio Administrative Code.

779.06 KEEPING OF RECORDS

Permanent records of each patron or customer shall be maintained by the operator of the

establishment. Before the tattooing and/or body piercing operation begins, the patron or

customer shall be required to enter, on a record form provided for such establishment, the

date, his or her name, address, age, and his or her signature. This data will be verified by

requiring the patron to produce a valid state driver's license or other form of picture

identification. The operator of the tattoo and/or body piercing establishment must affix

his/her name to the record form and sign a statement verifying the performance of the

duties required under this Chapter. Such records shall be maintained in the tattoo and/or

body piercing establishment and shall be available for examination upon request by the

Building Commissioner. Records shall be retained by the operator for a period of not less

than five (5) years. In the event of a change of ownership or closing of the business, all

such records shall be retained by the operator and made available to the Building

Commissioner upon request.

779.07 DISPOSAL

(a) All pigments, dyes, inks or colors used in tattooing shall be sterile and free from

bacteria, virus particles and noxious agents and substances. The pigments, dyes and

colors used from stock solutions for each customer or patron shall be obtained from an

approved source, and shall be placed in a single-service receptacle. Such receptacle and

the remaining solution shall be discarded after use on each customer or patron.

(b) All bandages and surgical dressings used in connection with the tattooing and/or

body piercing of a person shall be sterile and disposed of in a manner which complies

with Chapter 3734 of the Ohio Revised Code pertaining to infectious waste.

779.08 CERTIFICATE OF INSPECTION, RENEWAL, ANNUAL INSPECTION

(a) An applicant for a license to operate a tattooing and/or body piercing

establishment shall first obtain a Conditional Use Permit from the Building

Commissioner indicating the establishment has been inspected and is in compliance with

the provisions of this Chapter.

(b) The Building Commissioner shall engage the Health Officer for the purpose of

conducting annual and other periodic inspections, as may be necessary, of any tattooing

and/or body piercing establishment for the purpose of determining whether or not said

establishment, and the body artists working therein, are in compliance with all applicable

provisions contained within this regulation and other pertinent regulations of the Health

District. It shall be unlawful for any person or operator of a tattooing and/or body

piercing establishment to willfully prevent or restrain the Health Officer, or his designee,

from entering any licensed establishment where tattooing and/or body piercing is being

performed for the purpose of inspecting said premises, after proper identification is

presented to the operator.

(c) The Conditional Use Permit shall be posted within the tattoo and/or body piercing

establishment to serve as public notice that said establishment has been inspected and is

in compliance with the provisions of this Chapter.

Proposed

Ord. No. 2019-55

Page 4

779.09 LIMITATIONS ON PERSONS

(a) It shall be unlawful to tattoo and/or body pierce any person in violation of

Section 3701-9-04(o) or (p) of the Ohio Administrative Code.

779.99 PENALTY

(a) The City of Lyndhurst may suspend or revoke a Tattoo and/or Body Piercing

Establishment Conditional Use Permit for violation of any provision of this Chapter.

(b) The provisions of this Chapter shall apply to all tattoo and/or body piercing

establishments and/or tattoo and/or body piercing operators which are currently in

existence, or which may come into existence after the effective date of this Chapter. The

provisions of this chapter shall not apply to a Physician licensed to practice medicine in

the State of Ohio who is tattooing for a medical purpose.

(c) In the event of conflict between any provisions of this Chapter or the Ohio

Revised Code, including any rules and regulations adopted pursuant to this Chapter or the

Ohio Revised Code, and any provisions of City Ordinances, including any rules and

regulations adopted pursuant to such Ordinance, that provision which establishes the

higher standard for the promotion or protection of the health or safety of the people shall

govern.

(d) Whoever violates any provision of this Chapter shall be guilty of a misdemeanor

of the first degree. The operator shall be considered strictly liable for any violation of this

Chapter. Such person and/or business shall be deemed guilty of a separate offense for

each and every day or portions thereof during which any violation of any of the provisions

of this Chapter is committed, permitted or continued. This Section shall be enforced by

the Director of Public Safety or designee, the Division of Police, and/or any public health

official.






Code.

SECTION 3. This Ordinance is hereby declared to be an emergency measure

necessary for the immediate preservation of the public peace, health, welfare and safety of

the City of Lyndhurst and its residents in order to enforce the requirements immediately.

Therefore this Ordinance shall take effect immediately upon the affirmative vote of not

less than five (5) members elected to Council, and signature by the Mayor, or otherwise at

the earliest time allowed by law.

PASSED:

___________________________________

MAYOR

VICE MAYOR

ATTEST:

Clerk of Council





and .

____________________________________

Clerk of Council

First Reading: August 5, 2019


Third Reading: September 16, 2019

Proposed

ORDINANCE NO: 2019-61



BUSINESS REGULATION CODE OF THE CITY TITLED

“REGISTRATION AND INSPECTION OF RENTAL

PROPERTY,” AND DECLARING AN EMERGENCY

WHEREAS, the City of Lyndhurst currently has approximately 450 one, two or

three family dwelling units available for rental; and

WHEREAS, this Council has seen the number of registered rental units increase

greatly over the past 5 years; and

WHEREAS, although legally located and existing in residential zoning districts,

this Council wishes to designate those rental uses as the commercial enterprises they

represent; and

WHEREAS, this Council believes that a non-owner occupied dwelling unit is

more prone to require interior and exterior repair and maintenance more frequently than

an owner occupied unit; and

WHEREAS, this Council recognizes that all costs for maintaining a commercial

rental unit can be passed on to the tenant; and

WHEREAS, continued and adequate maintenance of residential property is an

important consideration in the City; and

WHEREAS, maintenance of residential property is a proper function to protect

the public health, welfare and safety of the City of Lyndhurst, its residents and its

residential property owners; and

WHEREAS, for the above reasons this Council has determined to enact

regulations regarding the maintenance and repair of rental property.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE

CITY OF LYNDHURST, CUYAHOGA COUNTY, STATE OF OHIO, THAT:

757.01 DEFINITIONS.

The following words, terms and phrases, when used in this Chapter, shall have the

meanings ascribed to them in this section, except where the context clearly indicates a

different meaning.

(a) “Designated City Official” means the Building Commissioner the City of

Lyndhurst, Ohio or his/her designee.

(b) “Dwelling unit” means a space within a dwelling, comprised of a living, cooking

and dining area, a sleeping room or rooms, storage closets and bathing and toilet

facilities, all used by only one family.

(c) “Property Owner” means the person claiming, or in whom is invested, the

ownership or title to real property, including but not limited to: the holder of a fee-simple

title; the holder of a life-estate; the holder of leasehold estate for a term of five years or

more; a buyer under contract for deed; a mortgagee, receiver, executor or trustee in

control of real property; but not including the holder of a leasehold estate an initial term

of less than five years.

(d) “Person” means an individual, corporation, business trust, estate, trust, partnership

or association, two or more persons having a joint interest, or any other legal or

community entity.

(e) “Property Manager” means a person other than the Property Owner that has

managing control of a rental unit with or without compensation.

(f) “Renting” means the offering, holding out or actual leasing of a rental unit to an

occupant other than the Property Owner, and generally involves the payment of a rental

amount in cash, check or money order, although other forms of consideration (such as

property safekeeping) may be involved; or no consideration at all may be involved.

Proposed

Res. No. 2019-61

Page 2

(g) “Rental unit” means a one, two or three-family dwelling unit, including a town

home dwelling unit, a condominium, apartment condominium or apartment dwelling that

is not continuously occupied by the Property Owner twelve months out of the year. A tax

mailing address which is not the address of the dwelling unit creates a rebuttable

presumption that the dwelling unit is a rental unit.

(h) “Tenant” means any person, other than the Property Owner, who occupies, rents or

leases a rental unit for any period of time for living or dwelling purposes with the consent

of the owner or the landlord.

(i) “Vacant building” means any structure that is unoccupied. A vacant building is

subject to the provisions of Chapter 1395 of these Codified Ordinances.

(j) “Tax mailing address” means the address shown on the Cuyahoga County Fiscal

Officer’s website as being the location to which the property tax bill is to be mailed.

757.02 RENTAL REGISTRATION.

(a) Each Property Owner of a rental unit within the City shall register each such rental

unit with the Designated City Official, and shall renew such registration annually on the

date prescribed by the Designated City Official pursuant to Section 757.03(a) and the

provisions of this Section regarding registration fees. A separate registration shall be

required for each rental unit.

(b) (1) Each new Property Owner of a rental unit within the City shall make

application for registration with the Designated City Official within 30 days after the date

of acquiring ownership of a rental unit, or within 30 days of non-owner occupancy of a

dwelling unit. Each initial application for rental registration or renewal of a rental

registration shall be accompanied by a non-refundable fee of one hundred dollars

($100.00) for each one family dwelling unit; two hundred dollars ($200.00) for each two

family dwelling unit; and three hundred dollars ($300.00) for each three family dwelling

unit, or a non-refundable fee of Fifty Dollars ($50.00) for each town home, condominium

or apartment condominium dwelling unit. Registration and fees for apartment dwelling

units, not to exceed Fifty Dollars ($50.00) per apartment dwelling unit, may be required

at the discretion of the Designated City Official.

(2) If a Property Owner as defined in Section 757.01 fails to register a property or

properties by the prescribed date, the registration fee shall be doubled regardless of

whether or not the dwelling unit was inspected. Said Property Owner shall also be

subject to the penalty provisions as set forth in Section 757.99 of the Codified

Ordinances.

(c) Application for rental registration shall be made upon a form provided by the City

for such purpose, and shall include at least the following information:

(1) Property Owner's name, address (no post office box), work and home telephone

number, and email address;

(2) If the Property Owner is a partnership, the name of all partners, and the principal

business address, telephone number and email address of each partner;

(3) If the Property Owner is a corporation, the person registering must state whether

it is organized under the laws of this State or is a foreign corporation, and must show the

mailing address, business location, telephone number, email address, name of the person

in charge of the local office of such corporation, if any, and the names of the registered

and statutory agent, and, if a foreign corporation, the place of incorporation;

(4) Name, address, telephone number and email address of the property manager, if

applicable;

(5) Street address of the rental unit;

(6) Name, phone number and email address of each primary or principal tenant;

(7) Number of adults and children under eighteen (18) years of age occupying the

rental unit;

(8) Name and age of children attending school and name of school;

(9) Whether there has been a change of occupancy or an additional tenant of the

rental unit since the date of last registration;

(10) Be signed by the Property Owner or Property Owner's agent.

(d) The Designated City Official shall, within 30 days after receipt of the registration

application, either issue a certificate of registration or provide notification to the Property

Owner that the application does not comply with the requirements of this Chapter.

(e) A certificate of registration shall be valid until June 1 following issuance thereof,

provided, however, the Designated City Official may in his or her discretion prorate the

fee proportionately for any certificate issued after December 31.

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(f) Rental registration is not assignable or transferable.

(g) It is an offense for a Property Owner to fail to register and/or fail to renew the

registration for the Property Owner's rental units within the City. Each day that the

Property Owner continues to fail to register and/or renew the registration of the Property

Owner's rental units within the City shall constitute a separate offense.

(h) It shall be unlawful for any person to file a false registration application with the

Designated City Official.

757.03 RENEWAL OF REGISTRATION.

(a) Recognizing that the initial implementation of this Chapter may be difficult

because of the number of rental units, the inspections of rental units and limited

manpower, the Designated City Official may by administrative order divide the City into

geographical areas.

(b) A registered Property Owner of a rental unit within the City, or the Property

Owner’s agent, shall renew the registration for each rental unit on or before the date

prescribed by subsection (a) hereof. All renewal applications must be filled out

completely and correctly; incomplete or incorrect renewal applications will be returned,

with the possibility that late fees will be assessed.

(c) (1) Each renewal of a rental registration shall be accompanied by a non-

refundable fee of one hundred dollars ($100.00) for each one family dwelling unit; two

hundred dollars ($200.00) for each two family dwelling unit; and three hundred dollars

($300.00) for each three family dwelling unit, or a non-refundable fee of fifty dollars

($50.00) for each town home, condominium or apartment condominium dwelling unit.

Registration and fees for apartment dwelling units, not to exceed fifty dollars ($50.00)

per apartment dwelling unit, may be required at the discretion of the Designated City

Official.

(2) If a Property Owner as defined in Section 757.01 fails to renew the registration of

a property or properties by the prescribed date, the renewal registration fee shall be

doubled regardless of whether or not the dwelling unit was inspected. Said Property

Owner shall also be subject to the penalty provisions as set forth in Section 757.99 of the

Codified Ordinances.

757.04 INSPECTION.

(a) The Designated City Official may inspect a rental unit to determine compliance

with applicable state and local laws either:

(1) On an annual or periodic basis, or

(2) With the permission of the Property Owner, or agent of the Property Owner, or

(3) With the permission of the tenant or occupant, or

(4) At any other time authorized by law.

(b) Such inspection shall be as authorized by the statutes of the State and the

Ordinances of the City, and as limited by the Federal and State Constitutions with respect

to unreasonable searches and seizures.

(c) The City is authorized to obtain a search warrant to conduct an inspection permitted

by this Section when probable cause to believe that a fire or health hazard or violation or

unsafe building condition is present on the premises sought to be inspected. A search

warrant is not authorized based solely upon the failure of a Property Owner to allow an

inspection under this Section.

(d) In the case of an existing emergency entry may be made at any time, and no search

warrant is necessary. No person shall refuse to permit such emergency entry or

inspection.

757.05 SEVERABILITY.

Nothing in this chapter is intended to eliminate the requirement of a Property Owner to

comply with the requirements of Chapter 5323 of the Ohio Revised Code.

757.06 APPEALS.

If a property owner is not satisfied with a decision of the Designated Building Official

regarding the requirement to register, an appeal in writing may be made to the Mayor. If

the property owner is not satisfied with the decision of the Mayor, an appeal may be

taken to the Board of Zoning Appeals, as provided in Section 1154.06. Each appeal shall

be filed within ten days of the decision appealed from.




Proposed

Res. No. 2019-61

Page 4






Code.


necessary for the immediate preservation of the public peace, health and safety of the

City of Lyndhurst and its residents for the reason that it is necessary to assure that all

non-owner occupied dwelling units in the City are safe for those living there. Therefore,

this Ordinance shall take effect immediately upon the affirmative vote of not less than

five (5) members elected to Council, and signature by the Mayor, or otherwise at the

earliest time allowed by law.

PASSED:

____________________________________

MAYOR

____________________________________

VICE MAYOR

ATTEST:

Clerk of Council





__________________ and ________________________________.

____________________________________

Clerk of Council

First Reading: September 3, 2019


Third Reading: _______________________

Proposed




CODIFIED ORDINANCES OF THE CITY TITLED

“BUILDING MARKING SYSTEM PROGRAM”, AND

DECLARING AN EMERGENCY

WHEREAS, lightweight and engineered construction methods have

been identified as being susceptible to sudden catastrophic collapse without

warning during fire events; and

WHEREAS the failure of lightweight and engineered components

can be localized, or may involve the entire roof or floor assembly leading to

rapid fire spread; and

WHEREAS in order to provide information to first arriving fire

companies that the building has lightweight truss or engineered construction

methods, it is desirable that a building marking symbol program be

implemented in the City of Lyndhurst; and

WHEREAS, in addition, a building marking symbol program will

allow first responding companies that arrive at a fire event, and which may

not have all the needed information to properly identify buildings with

basements, to be aware of the existence of a basement; and

WHEREAS a building marking symbol program will protect the

health, welfare and safety of the public and the firefighters who respond to an

alarm; and

WHEREAS a building marking system required of all buildings will

result in a standard warning system for first responders.

NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL

OF THE CITY OF LYNDHURST, CUYAHOGA COUNTY, STATE OF

OHIO, THAT:

SECTION 1. Chapter 1521 of the Codified Ordinances titled “BUILDING

MARKING SYSTEM PROGRAM” is hereby enacted to read as follows:

CHAPTER 1521

Building Marking System Program

1521.01 Building Construction Identification Signage

1521.02 Building Systems Signage Requirements

1521.03 Posting of Certificate of Occupancy and Occupant Load

1521.04 Buildings with Emergency Power

1521.05 Buildings with Multiple, Non-Communicating Fire

Department Connections

1521.01 BUILDING CONSTRUCTION IDENTIFICATION SIGNAGE.

(a) Signage Where Required. In all new construction and in renovations of more than

fifty percent (50%) of a building for multi-family dwellings with more than four units,

and/or a commercial structure with lightweight building construction components, a sign

shall be placed to indicate the type of construction and any associated hazards. Additional

signage shall be required at the Fire Department connection if the building is protected

with an automatic sprinkler system.

(b) Signage Location. The sign shall be located in a conspicuous location within 2 feet

(24 inches) of the main entrance on either side. The bottom of the sign shall be no less

than 4 feet (48 inches) above grade and no more than 6 feet (72 inches) above grade at

level of exit discharge. If exterior building construction, elevation or landscaping creates

a problem with visibility, the Fire Official may approve an alternate method such as a

Proposed

Ord. No. 2019-62

Page 2

post, etc. Additional signage shall be placed within 2 feet (24 inches) of either side of any

Fire Department connections and maintain the same height requirements as listed above.

(c) Signage Type Details. The sign shall be 10 inches by 10 inches and depict a

Maltese Cross. Each of the four outer portions as well as the inner circle of the Cross will

serve the purpose of indicating hazards. The inner circle of the Cross will have three

letter combination options (R, F, or RF). "R" indicates the presence of lightweight

construction on the roof system; "F" indicates lightweight construction in the floor; and

"RF" indicates the presence in both. The left portion of the Cross would have five Roman

numeral combination options (I, II, III, IV and V) that would indicate the building

construction classification based on the certificate of occupancy.

The top portion of the Cross would indicate the type of roof system (truss, bar-joist,

bowstring, etc.) with a picture to indicate the type. The right portion of the Cross would

indicate special hazards (roof HVAC, hazardous materials, etc.) indicated by lettering in

a downward direction. The bottom portion of the Cross would indicate the type of floor

system (I-beam, bar-Joist, etc.) with a picture to indicate the type. The Cross would be

red in color for buildings not fully protected with automatic fire protection. and would be

green in color for buildings fully protected with automatic fire protection. A sample of

the Maltese Cross attached to this Ordinance, and is available upon request from the Fire

Official.

1521.02 BUILDING SYSTEMS SIGNAGE REQUIREMENTS.

(a) All building system signage required by the Ohio Fire Code shall be constructed of

a permanent and durable material; lettering shall be a minimum of 4 inches high with a

minimum stroke of 0.5 inches; color schemes shall either be red letters on white

background or white letters on red background.

(b) Exception: When buildings or tenants have an existing signage template or

building identification system, the Fire Official may review and approve the use of the

owner's signage except for the fire protection equipment locations.

1521.03 POSTING OF CERTIFICATE OF OCCUPANCY AND OCCUPANT

LOAD.

For any new applicants and applicants that can locate existing paperwork, a copy of the

Zoning and Building Certificate of Occupancies shall be conspicuously located near the

main exit or exit access doorway and include the occupant load, building and zoning use

group as well as any special stipulations from zoning, building or fire officials.

1521.04 BUILDINGS WITH EMERGENCY POWER.

Any building supplied with an emergency generator, battery cell, solar power or other

alternative power supply shall have a sign fixed at an approved location near the main

power disconnect indicating additional power supplies are present. This sign shall comply

with Section 1521.02. The wording of this sign shall be approved by the Fire Official and

will vary depending on the type of alternative power. Multiple power supplies may

require more than one sign. An emergency shut-off switch for the generator or alternative

power supply shall be located in an approved location that is accessible to building

owners and first responders with approved signage as well.

1521.05 BUILDINGS WITH MULTIPLE, NON-COMMUNICATING FIRE

DEPARTMENT CONNECTIONS.

Buildings with multiple automatic sprinkler connections or Fire Department

connections that serve separate areas in non-separated buildings shall be labeled with the

address or locations served. For buildings that share an address, the exterior of the

building must indicate where the suppression systems separate. This exterior signage

must also coincide with each Fire Department connection. This signage shall comply

with Section 1521.02.

SECTION 2. This Council finds and determines that all formal actions of this

Council concerning and relating to the adoption of this Ordinance were taken in an open

meeting of this Council and that all deliberations of this Council and of any committees

that resulted in those formal actions were in meetings open to the public in compliance

with the law.

Proposed

Ord. No. 2019-62

Page 3


necessary for the immediate preservation of the health, safety and welfare of the residents

of the City of Lyndhurst for the reason that it is necessary to institute the aforesaid

change to the Codified Ordinances immediately and without delay to protect the health,

welfare and safety of the residents of the City. Therefore this Ordinance shall take effect

immediately upon the affirmative vote of not less than five members elected to Council,

and signature by the Mayor, or otherwise at the earliest time allowed by law.

PASSED:

____________________________________

MAYOR

____________________________________

VICE MAYOR

ATTEST:

Clerk of Council





__________________ and ________________________________.

____________________________________

Clerk of Council



Third Reading: _______________________

Proposed



AN ORDINANCE AMENDING SECTION 636.15 OF

THE CODIFIED ORDINANCES OF THE CITY

TITLED TELECOMMUNICATION HARASSMENT

BY INCLUDING THE RESTRICTIONS AND THE

PROHIBITIONS IMPOSED BY FEDERAL AND

STATE LAW, AND DECLARING AN EMERGENCY

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE

CITY OF LYNDHURST, CUYAHOGA COUNTY, STATE OF OHIO, THAT:

SECTION 1. Section 636.15 of the Codified Ordinances titled

TELECOMMUNICATION HARASSMENT is hereby amended to read as follows: (new

material appears like THIS: deleted material appears like this):

636.15 TELECOMMUNICATION HARASSMENT.

(a) No person shall knowingly make or cause to be made a telecommunication, or

knowingly permit telecommunication to be made from a telecommunications device

under the person’s control, to another, if the caller does any of the following:

(1) Makes the telecommunication with purpose to harass, intimidate, or abuse, any

person at the premises to which the telecommunication is made, whether or not actual

communication takes place between the caller and a recipient;

(2) Describes, suggests, requests, or proposes that the caller, the recipient of the

telecommunication, or any other person engage in sexual activity, and the recipient or

another person at the premises to which the telecommunication is made has requested, in

a previous telecommunication or in the immediate telecommunication, that the caller not

make a telecommunication to the recipient or to the premises to which the

telecommunication is made;

(3) During the telecommunication, violates Ohio R.C. 2903.21;

(4) Knowingly states to the recipient of the telecommunication that the caller intends

to cause damage to or destroy public or private property, and the recipient, any member of

the recipient’s family, or any other person who resides at the premises to which the

telecommunication is made owns, leases, resides, or works in, will at the time of the

destruction or damaging be near or in, has the responsibility of protecting, or insures the

property that will be destroyed or damaged;

(5) Knowingly makes the telecommunication to the recipient of the

telecommunication, to another person at the premises to which the telecommunication is

made, or to those premises, and the recipient or another person at those premises

previously has told the caller not to make a telecommunication to those premises or to

any person at those premises.

(6) Knowingly makes any comment, request, suggestion, or proposal to the recipient

of the telecommunication that is threatening, intimidating, menacing, coercive, or

obscene with the intent to abuse, threaten or harass the recipient;

(7) Without a lawful business purpose, knowingly interrupts the telecommunication

service of any person;

(8) Without a lawful business purpose, knowingly transmits to any person,

regardless of whether the telecommunication is heard in its entirety, any file, document or

other communication that prevents that person from using the person’s telephone service

or electronic communication device;

(9) Knowingly makes any false statement concerning the death, injury, illness,

disfigurement, reputation, indecent conduct, or criminal conduct of the recipient of the

telecommunication or family or household member of the recipient with purpose to

abuse, threaten, intimidate, or harass the recipient;

(10) Knowingly incites another person through a telecommunication or other means

to harass or participate in the harassment of a person;

(11) Knowingly alarms the recipient by making a telecommunication without a

lawful purpose at an hour or hours known to be inconvenient to the recipient and in an

offensive or repetitive manner.;

(12) MAKES THE TELECOMMUNICATION IN VIOLATION OF THE

NATIONAL DO NOT CALL REGISTRY;

(13) MAKES THE TELECOMMUNICATION IN VIOLATION OF THE OHIO

TELEPHONE SOLICITATIONS ACT, SECTION 4719.01 OF THE OHIO REVISED

Proposed

Ord. No. 2019-63

Page 2

CODE;

(14) MAKES THE TELECOMMUNICATION IN VIOLATION OF THE OHIO

TELEMARKETING FRAUD ACT, SECTION 109.87 OF THE OHIO REVISED

CODE;

(15) MAKES THE TELECOMMUNICATION IN VIOLATION OF ANY OF THE

FOLLOWING RULES:

A. CALLING TIMES ARE RESTRICTED TO 8 A.M. – 9 P.M.

B. TELEMARKETERS MUST PROMPTLY IDENTIFY WHO THEY ARE

CALLING FOR AND IF THE CALL IS A SALES CALL OR CHARITABLE

SOLICITATION.

C. TELEMARKETERS MUST DISCLOSE ALL MATERIAL INFORMATION

ABOUT THE GOODS OR SERVICES THEY ARE OFFERING, AND THE TERMS

OF THE OFFERED TRANSACTION, AND ARE PROHIBITED FROM

MISREPRESENTING ANY TERMS OF THE OFFERED TRANSACTION.

D. TELEMARKETERS MUST TRANSMIT CALLER ID INFORMATION,

AND ARE PROHIBITED FROM BLOCKING CALLER ID INFORMATION TO THE

RECIPIENT.

(b) (1) No person shall make or cause to be made a telecommunication, or permit a

telecommunication to be made from a telecommunications device under the person’s

control, with purpose to abuse, threaten, or harass another person.

(2) No person shall knowingly post a text or audio statement or an image on an

internet web site or web page for the purpose of abusing, threatening, or harassing another

person.

(c) (1) Whoever violates this section is guilty of telecommunication harassment.

(2) A violation of subsections (a)(1), (2), (3), (5), (6), (7), (8), (9), (10), or (11), (12),

(13), (14) OR (15) or (b) hereof is a misdemeanor of the first degree on a first offense.

Each subsequent offense is a felony and shall be prosecuted under appropriate State law.

(3) Whoever violates subsection (a)(4) hereof is guilty of a misdemeanor of the first

degree for a first offense. For each subsequent offense or if a violation of subsection

(a)(4) hereof results in economic harm of one thousand dollars ($1,000) or more, a

violation of subsection (a)(4) hereof is a felony and shall be prosecuted under appropriate

State law.

(d) No cause of action may be asserted in any court of this State against any provider

of a telecommunications service, interactive computer service as defined in Section 230

of Title 47 of the United States Code, or information service, or against any officer,

employee, or agent of a telecommunication service, interactive computer service as

defined in Section 230 of Title 47 of the United States Code, or information service, for

any injury, death, or loss to person or property that allegedly arises out of the provider’s,

officer’s, employee’s, or agent’s provision of information, facilities, or assistance in

accordance with the terms of a court order that is issued in relation to the investigation or

prosecution of an alleged violation of this section. A provider of a telecommunications

service, interactive computer service as defined in Section 230 of Title 47 of the United

States Code, or information service, or an officer, employee, or agent of a

telecommunications service, interactive computer service as defined in Section 230 of

Title 47 of the United States Code, of information service, is immune from any civil or

criminal liability for injury, death, or loss to person or property that allegedly arises out of

the provider’s, officer’s, employee’s, or agent’s provision of information, facilities, or

assistance in accordance with the terms of a court order that is issued in relation to the

investigation or prosecution of an alleged violation of this section.

(e) (1) This section does not apply to a person solely because the person provided

access or connection to or from an electronic method of remotely transferring information

not under that person’s control, including having provided capabilities that are incidental

to providing access or connection to or from the electronic method of remotely

transferring the information, and that do not include the creation of the content of the

material that is the subject of the access or connection. In addition, any person providing

access or connection to or from an electric method of remotely transferring information

not under that person’s control shall not be liable for any action voluntarily taken in good

faith to block the receipt or transmission through its service of any information that the

person believes is, or will be sent, in violation of this section.

(2) Subsection (e)(1) of this section does not create an affirmative duty for any

person providing access or connection to or from an electronic method of remotely

transferring information not under that person’s control to block the receipt or

transmission through its service of any information that it believes is, or will be sent, in

violation of this section except as otherwise provided by law.

Proposed

Ord. No. 2019-63

Page 3

(3) Subsection (e)(1) of this section does not apply to a person who conspires with a

person actively involved in the creation or knowing distribution of material in violation of

this section or who knowingly advertises the availability of material of that nature.

(4) A provider or user of an interactive computer service, as defined in Section 230

of Title 47 of the United States Code, shall neither be treated as the publisher or speaker

of any information provided by another information content provider, as defined in

Section 230 of Title 47 of the United States Code, nor held civilly or criminally liable for

the creation or development of information provided by another information content

provider, as defined in Section 230 of Title 47 of the United States Code. Nothing in this

subsection shall be construed to protect a person from liability to the extent that the

person developed or created any content in violation of this section.

(f) Subsections (a)(5) to (11) and (b)(2) of this section do not apply to a person who,

while employed or contracted by a newspaper, magazine, press association, news agency,

news wire service, cable channel or cable operator, or radio or television station, is

gathering, processing, transmitting, compiling, editing or disseminating information for

the general public, within the scope of the person’s employment in that capacity or the

person’s contractual authority in that capacity.

(g) As used in this section:

(1) “Economic harm” means all direct, incidental, and consequential pecuniary harm

suffered by a victim as a result of criminal conduct. “Economic harm” includes, but is

not limited to, all of the following:

A. All wages, salaries, or other compensation lost as a result of the criminal conduct;

B. The cost of all wages, salaries or other compensation paid to employees for time

those employees are prevented from working as a result of the criminal conduct;

C. The overhead costs incurred for the time that a business is shut down as a result of

the criminal conduct;

D. The loss of value to tangible or intangible property that was damaged as a result of

the criminal conduct.

(2) “Caller” means the person described in subsection (a) hereof who makes or

causes to be made a telecommunication or who permits a telecommunication to be made

from a telecommunications device under that person’s control.

(3) “Telecommunication” and “telecommunications device” have the same meanings

as in Ohio R.C. 2913.01.

(4) “Sexual activity” has the same meaning as in Ohio R.C. 2907.01.

(5) “Family or household member” means any of the following:

A. Any of the following who is residing or has resided with the recipient of the

telecommunication against whom the act prohibited in subsection (a)(9) of this section is

committed:

1. A spouse, a person living as a spouse, or a former spouse of the recipient;

2. A parent, a foster parent, or a child of the recipient, or another person related

by consanguinity or affinity to the recipient;

3.. A parent or a child of a spouse, person living as a spouse, or former spouse of

the recipient, or another person related by consanguinity or affinity to a spouse, person

living as a spouse, or former spouse of the recipient.

B. The natural parent of any child of whom the recipient of the telecommunication

against whom the act prohibited in subsection (a)(9) of this section is committed is the

other natural parent or is the putative other natural parent.

(6) “Person living as a spouse” means a person who is living or has lived with the

recipient of the telecommunication against whom the act prohibited in subsection (a)(9)

of this section is committed in a common law marital relationship, who otherwise is

cohabiting with the recipient, or who otherwise has cohabited with the recipient within

five years prior to the date of the alleged commission of the act in question.

(7) “Cable operator” has the same meaning as in Ohio R.C. 1332.21.

(h) Nothing in this section prohibits a person from making a telecommunication call to

a debtor that is in compliance with the “Fair Debt Collection Practices Act”, 91 Stat. 874

(1977), 15 U.S.C. 1692, as amended, or the “Telephone Consumer Protection Act”, 105

Stat. 2395 (1991), 47 U.S.C. 227, as amended. (ORC 2917.21)

SECTION 2. Any and all provisions of Section 636.15 of the Codified

Ordinances of the City inconsistent herewith are hereby repealed, and all other provisions

of Section 636.15 of the Codified Ordinances shall remain in full force and effect

.

Proposed

Ord. No. 2019-63

Page 4

SECTION 3. This Council finds and determines that all formal actions of this

Council concerning and relating to the adoption of this Ordinance were taken in an open

meeting of this Council and that all deliberations of this Council and of any committees

that resulted in those formal actions were in meetings open to the public in compliance

with the law.


necessary for the immediate preservation of the health, safety and welfare of the residents

of the City of Lyndhurst for the reason that it is necessary to institute the aforesaid

amendments to the Codified Ordinances immediately and without delay to protect the

health, welfare and safety of the residents of the City. Therefore this Ordinance shall take

effect immediately upon the affirmative vote of not less than five members elected to

Council, and signature by the Mayor, or otherwise at the earliest time allowed by law.

PASSED:

____________________________________

MAYOR

____________________________________

VICE MAYOR

ATTEST:

Clerk of Council





__________________ and ________________________________.

____________________________________

Clerk of Council



Third Reading: _______________________

Documents

ORDINANCE NO. 2019-54 INTRODUCED BY ......2019/09/16 · Now, therefore, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LYNDHURST, CUYAHOGA COUNTY, STATE OF OHIO, THAT: SECTION 1. Section