[R.O. 2007 § 210.110; Ord. No. 6579 § 12, 7-28-2016]
A. A person commits the offense of abandonment
of an airtight or semi-airtight container if he/she knowingly abandons,
discards, or permits to remain on premises under his/her control,
in a place accessible to children, any abandoned or discarded icebox,
refrigerator, or other airtight or semi-airtight container which has
a capacity of one and one-half (1 1/2) cubic feet or more and
an opening of fifty (50) square inches or more and which has a door
or lid equipped with hinge, latch or other fastening device capable
of securing such door or lid, without rendering such equipment harmless
to human life by removing such hinges, latches or other hardware which
may cause a person to be confined therein.
B. Subsection
(A) of this Section does not apply to an icebox, refrigerator or other airtight or semi-airtight container located in that part of a building occupied by a dealer, warehouse operator or repair person.
C. The defendant shall have the burden of injecting the issue under Subsection
(B) of this Section.