521.08 LITTERING AND DUMPING.

   (a)    No person shall litter on any public or private property or waters. For purposes of this section, "littering" includes, but is not limited to, the dropping, discarding, throwing, placing, depositing or disposing of in any manner, of such items as waste paper, cans, bottles, cigarettes, cigars, foodstuffs and other similar materials all in a small quantity.

   (b)   No person shall, without lawful authority, dump any waste or other refuse upon any public or private property or waters. "Dumping" includes, but is not limited to, the discarding, dropping, placing, throwing, depositing or disposing of in any manner, any garbage, trash, dead animals, junk, tires, automobile parts, unusable building materials or any other similar substance, manmade or otherwise, serving no functional purpose for which it was intended at the location it is found or which is or may become noxious, offensive, injurious or dangerous to the public health, comfort or safety.

   (c)   As used in this section, "person" includes individuals, corporations, partnerships, associations and firms.

   (d)   Whoever violates subsection (a) hereof shall be issued a ticket citation for the first offense and shall be fined in the amount of one hundred fifty dollars ($150.00) with the penalty paid over-the-counter or by personal appearance in a court at the option of the violator. For a subsequent second offense of subsection (a) within two years following the first conviction, the violator shall be guilty of an unclassified misdemeanor with a penalty for the second offense being not less than five hundred dollars ($500.00). For a subsequent third or additional offense of subsection (a) within two years following the first conviction, the violator shall be guilty of a misdemeanor of the third degree and shall be sentenced to community service in addition to any other penalties assessed. All violations within one year of the first offense shall require that the violator personally appear in court.

   (e)   Whoever violates subsection (b) hereof is guilty of a misdemeanor of the third degree on a first offense; and on each subsequent offense within a two-year period of the first offense, such person shall be guilty of a misdemeanor of the first degree.
(Ord. 71-2017. Passed 4-3-17.)