(A)   It shall be unlawful for any person to place, throw or deposit upon any of the sidewalks, streets, alleys or public grounds of the city any refuse, garbage, trash or litter.
   (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 the person 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 the person 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 size customarily carried and used in a motor vehicle;
         (b)   The contents of an ashtray 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 and 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 and 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) of this section, PUBLIC PROPERTY includes any private property open to the public for the conduct of business, the provision 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 the person's primary reason for traveling to or by the property on which the litter receptacle is located.
   (D)   As used in this section:
      AUXILIARY CONTAINER. A bag, can, cup, food or beverage service item, container, keg, bottle, or other packaging to which all of the following apply:
         (a)   It is designed to be either single use or reusable.
         (b)   It is made of cloth, paper, plastic, foamed or expanded plastic, cardboard, corrugated material, aluminum, metal, glass, post-consumer recycled material, or similar materials or substances, including coated, laminated, or multi-layered substrates.
         (c)   It is designed for consuming, transporting, or protecting merchandise, food, or beverages from or at a food service operation, retail food establishment, grocery, or any other type of retail, manufacturing, or distribution establishment.
      DEPOSIT. To throw, drop, discard, or place.
      LITTER. Garbage, trash, waste, rubbish, ashes, cans, bottles, wire, paper, cartons, boxes, automobile parts, furniture, glass, auxiliary containers, or anything else of an unsightly or unsanitary nature.
      LITTER RECEPTACLE. 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 any sheriff, deputy sheriff, police officer of a municipal corporation, police constable, or enforcement authority as defined in § 93.01.
('74 Code, § 11-1) (Ord. 57, - - ; Am. Ord. 2021-010, passed 12-13-21) Penalty, see § 95.99