(A)   No person shall remove, burn, overturn or tamper with any rubbish, garbage or the container therefor, when such rubbish, garbage or container is set out on the public street or highway, sidewalk, alley or on private premises and when such rubbish, garbage or container is placed there for the purpose of collection. This provision shall not apply to any employee of the Department of Public Service or any of its duly authorized agents or to a private person or organization authorized to remove such rubbish, garbage or container.
   (B)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      ALLEY. Has the same meaning as defined in Ohio R.C. 4511.01(WW).
      GARBAGE. Animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
      PRIVATE PREMISES. All structures, and the lots or land upon which they are located, owned by an individual, partnership, association, company, church or corporation, whether occupied or not.
      RUBBISH. Combustible and non-combustible materials, except garbage. The term shall include, but not be limited to, the following: wood; coal; coke and other combustible materials and their residue; paper; rags; clothing; cartons; boxes; excelsior; rubber; leather; tree branches; yard trimmings; tin cans; glass; crockery; mineral matter; items containing any type of metal; stoves, refrigerators, televisions, radios, household appliances and any other similar items.
      SIDEWALK. Has the same meaning as defined in § 301.37 of the Traffic Code.
      STREET or HIGHWAY. The entire width between the boundary lines of every way open to the use of the public as thoroughfare for purposes of vehicular traffic.
   (B)   Whoever violates 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. 46-1937, passed 8-16-1937; Ord. 122-1976, passed 6-7-1976; Ord. 311-1978, passed 11-6-1978)