§ 660.05  LITTERING.
   (A)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      AIRCRAFT. Any contrivance now known or hereafter invented, used or designated for navigation or for flight in the air. AIRCRAFT includes helicopters and lighter-than-air dirigibles and balloons.
      AUTHORIZED PRIVATE RECEPTACLE. A litter storage and collection receptacle as required and authorized in the city.
      GARBAGE. Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
      LITTER. Garbage, refuse and rubbish and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.
      PARK. A park, reservation, playground, beach, recreation center or any other public area in the city, owned or used by the city and devoted to active or passive recreation.
      PRIVATE PREMISES. Any dwelling, house, building or other structure, designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously inhabited or vacant, and includes any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure.
      PUBLIC PLACE. Any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.
      REFUSE. All putrescible and non-putrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.
      RUBBISH. Non-putrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
      VEHICLE. Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks.
   (B)   Litter in public places. No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the city, except in public receptacles, in authorized private receptacles for collection or in official city dumps.
   (C)   Placement of litter in receptacles so as to prevent scattering. Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.
   (D)   Sweeping litter into gutters prohibited. No person shall sweep into or deposit in any gutter, street or other public place within the city, the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.
   (E)   Merchants’ duty to keep sidewalks free of litter. No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the city the accumulation of litter from any building or lot or from any public or private sidewalk of driveway. Persons owning or occupying places of business within the city shall keep the sidewalk in front of their business premises free of litter.
   (F)   Litter thrown by persons in vehicles.
Editor’s note:
   Division (F) was repealed as part of the 1997 updating and revision of this code of ordinances. See § 331.43 of the Traffic Code.
   (G)   Truck loads causing litter. No person shall drive or move any truck or other vehicle within the city unless such vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public place, nor shall any person drive or move any vehicle or truck within the city, the wheels or tires of which carry onto or deposit in any street, alley or other public place, mud, dirt, sticky substances, litter or foreign matter of any kind.
   (H)   Litter in parks. No person shall throw or deposit litter in any park within the city, except in public receptacles and in such a manner that the litter will not be carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided herein.
   (I)   Litter in lakes and fountains. No person shall throw or deposit litter in any fountain, pond, lake, stream, bay or any other body of water in a park or elsewhere within the city.
   (J)   Dropping litter from aircraft. No person in an aircraft shall throw out, drop or deposit within the city any litter, handbill or any other object.
   (K)   Litter on occupied private property. No person shall throw or deposit litter on any occupied private property within the city, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will not be carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property.
   (L)   Owner to maintain premises free of litter.
      (1)   The owner or person in control of any private property shall at all times maintain the premises free of litter. However, this division (L) shall not prohibit the storage of litter in authorized private receptacles for collection.
      (2)   In addition to the penalties provided in this section for a violation of this division (L)(2), the municipality may remove accumulations of litter from private property and assess the cost thereof against the owner of such lot or parcel of land, should the owner fail to remove said accumulation of litter within 30 days of receiving written notice to do so from the municipality. Said notice shall be either personally served on the owner of record or delivered to him or her by certified mail with a return receipt.
      (3)   In the event that the owner fails to remove an accumulation of litter after notice to do so from the municipality, the Director of Public Service is hereby authorized and directed to enforce the provisions of this division (L)(3) and to cause said accumulation of litter to be removed and properly disposed of. A statement indicating the cost of such removal shall then be delivered to the owner of the property in the same manner as was the notice to remove the litter. Should said amount not be paid to the municipality within 30 days of delivery of said statement, then said amount shall be certified to the County Auditor for collection of the same as other real property taxes and assessments are collected.
   (M)   Litter on vacant lots. No person shall throw or deposit litter on any open or vacant private property within the city, whether owned by such person or not.
   (N)   Penalty. Whoever violates any of the provisions of this section is guilty of a misdemeanor of the third degree. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(Ord. 261-1957, passed 12-2-1957; Ord. 188-1968, passed 10-7-1968; Ord. 128-1988, passed 6-27-1988)