(A) No person, regardless of intent, shall deposit litter or cause litter to be deposited on any public property, on private property not owned by him or her, or in or on waters of the state, unless one of following applies:
(1) The person is directed to do so by a public official as part of a litter collection drive.
(2) Except as provided in division (B) of this section, the person deposits litter in a litter receptacle in a manner that prevents it being carried away by the elements.
(3) No person is issued a permit or license covering the litter pursuant to R.C. Chapters 3734 or 6111.
(B) No person, without privilege to do so, shall knowingly deposit litter, or cause it to be deposited, in a litter receptacle located on any public property or on any private property not owned by him or her, unless one of the following applies:
(1) The litter was generated or located on the property on which the litter receptacle is located.
(2) The person is directed to do so by a public official as part of a litter collection drive.
(3) The person is directed to do so by a person whom he or she reasonably believes to have the privilege to use the litter receptacle.
(4) The litter consists of any of the following:
(a) The contents of a litter bag or container of a type and size customarily carried and used in a motor vehicle.
(b) The contents of an ash tray of a type customarily installed or carried and used in a motor vehicle.
(c) Beverage containers and food sacks, wrappings, and containers of a type in an amount that reasonably may be expected to be generated during routine commuting or business or recreational travel by a motor vehicle.
(d) Beverage containers, food sacks, wrappings, containers, and other materials of a type in an amount that reasonably may be expected to be generated during a routine day by a person and deposited in a litter receptacle by a casual passerby.
(C) (1) As used in division (B)(1) of this section, PUBLIC PROPERTY includes any private property open to the public for the conduct of business, the provisions of a service, or upon the payment of a fee, but does not include any private property to which the public otherwise does not have a right of access.
(2) As used in division (B)(4) of this section, CASUAL PASSERBY means a person who does not have depositing litter in a litter receptacle as his or her primary reason for traveling to or by the property on which the litter receptacle is located.
(D) As used in this section:
DEPOSIT means to throw, drop, discard, or place.
LITTER RECEPTACLE means a dumpster, trash can, trash bin, garbage can, or similar container in which litter is deposited for removal.
(E) This section may be enforced by the Police Department, or any other law enforcement officer within his or her jurisdiction.
(F) Whoever violates any provisions of this section shall be guilty of a misdemeanor of the third degree. The sentencing court may, in addition to or in lieu of the penalty provided in this division, require a person who violates this section to remove litter from any public or private property or in or on waters of the state.
(Ord. 1575-11, passed 6-14-2011)