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660.17 LITTERING AND DEPOSIT OF GARBAGE, RUBBISH, JUNK, ETC.
(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 in or on waters of the State, or Municipality, unless one of the 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 subsection (b) hereof, the person deposits the litter in a litter receptacle in a manner that prevents its being carried away by the elements; or
(3) The person is issued a permit or license covering the litter pursuant to Ohio R.C. Chapter 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, 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 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 and in an amount that may reasonably 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 may reasonably 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 subsection (b)(l) hereof, "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 subsection (b)(4) hereof, "casual passerby" means a person who does not have depositing litter in a litter receptacle as his primary reason for traveling to or by the property on which the litter receptacle is located.
(d) As used in this section:
(1) “Auxiliary container” means 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, postconsumer recycled material, or similar materials or substances, including coated, laminated, or multilayered 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.
(2) “Deposit” means to throw, drop, discard, or place.
(3) “Litter” includes 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.
(4) “Litter receptacle” means a dumpster, trash can, trash bin, garbage can, or similar container in which litter is deposited for removal.
(e) No person shall cause or allow litter to be collected or remain in any place to the damage or prejudice of others or of the public, or unlawfully obstruct, impede, divert, corrupt or render unwholesome or impure, any natural watercourse.
(f) Whoever violates any provision of subsections (a) to (d) hereof, is guilty of a misdemeanor of the third degree. The sentencing court may, in addition to or in lieu of the penalty provided in this subsection require a person who violates subsections (a) to (d) hereof to remove litter from any public or private property, or in or on any waters.
(g) The feces deposited by the defecation of any animal, except seeing eye dogs and horses upon any public land, street or right of way or upon the land of any private property owner other than that of the owner of the animal or the person in charge thereof, creates an unsanitary and unhealthy condition and is hereby declared to be a nuisance.
(1) No person being the owner or in charge of any animal shall permit such animal to defecate upon any public land, street, or right of way or upon the land of any private property owner within the City.
(2) Where the owner or person in charge or control of such animal immediately, and before taking such animal from the area where the defecation occurred, cleans the area and removes the feces and disposes of it in a sanitary manner in a proper receptacle, the nuisance shall be considered abated.
(3) The accumulation of defecation upon any property where animals are kept creates an unsanitary and unhealthy condition and is hereby declared to be a nuisance.
(4) No person being the owner or person in charge of any animal shall permit the accumulation of defecation upon the property where the animal is kept. The owners or person in charge of the animal shall maintain the property where the animal is kept in a clean and sanitary condition by the regular removal of the defecation of such animal in a proper sealed sanitary receptacle.
(h) Whoever violates subsections (e) or (g) hereof is guilty of a minor misdemeanor. (Ord. 2001-135. Passed 5-29-01.)