(a) As used in this section:
(1) "Deposit" shall mean to throw, drop, discard, discharge, dump, transport or place by any means.
(2) "Person" shall mean any individual, firm, corporation or other legal entity.
(3) "Catch basin" shall mean any curbside opening that collects rainwater from streets and serves as an entry point to the City of Ashtabula storm drainage system.
(4) "Waste" shall include any material defined as "solid waste," "hazardous waste" or "infectious waste" in Section 3734.01 of the Revised Code of Ohio, as well as "yard waste" as defined in Section 521.12
of the Codified Ordinances of the City of Ashtabula.
(b) No person shall knowingly deposit or cause to be deposited any waste in or upon a catch basin, or in such proximity to a catch basin as to create a substantial risk that such waste may obstruct or block the flow of rainwater into said catch basin or into the storm drainage system, or be transported into the storm drainage system by the flow of rainwater.
(c) Any person that violates this section shall be guilty of a minor misdemeanor upon a first offense, and of a fourth degree misdemeanor upon a subsequent conviction within one year of a prior conviction for a violation of this Section.
(d) In addition, such person shall be subject to a civil penalty of one thousand dollars ($1,000) for each violation. Judgment in favor of the City of Ashtabula for the aforesaid penalty may be granted by the court in which any criminal prosecution of an alleged violation of the section is brought, upon a finding of guilt and imposition of sentence, without further hearing. In the alternative, judgment may be obtained in a separate civil action initiated by the City Solicitor against the responsible party in any court of competent jurisdiction. The penalty collected under this Section shall be deposited into the General Fund of the City.
(Ord. 2009-99. Passed 7-6-09.)