(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;
(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 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 subsection (b)(1) 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) "Litter" means garbage, trash, waste, rubbish, ashes, cans, bottles, wire, paper, cartons, boxes, automobile parts, furniture, glass or anything else of an unsightly or unsanitary nature.
(2) "Deposit" means to throw, drop, discard or place.
(3) "Litter receptacle" means a dumpster, trash can, trash bin, garbage can or similar container in which litter is deposited for removal.
(ORC 3767.32)
(4) “Emergency” means an unforeseen occurrence or combination of circumstances, which calls for immediate action, leaving no time for deliberation or notice.
(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.
(1) Upon investigation and finding by Council or the Village Administrator that litter has been placed on private lands in the Municipality, said litter shall constitute a private and public nuisance and private and public health hazard. The Council or the Village Administrator shall cause a written notice to be served by Certified Mail or personal service upon the owner or occupier of said private property, notifying them of the litter condition.
(2) A notification shall inform the owner or occupier that litter is on private property and that it shall be collected and removed within five days after service of the notice.
(3) If the owner or occupier fails to remove the litter within five days of the date of the notice, Council or Village Administrator may cause litter to be removed and cause the costs thereof to be assessed against the land found to be in violation.
A. 1st Offense: Administration fee of one hundred dollars ($100.00) for the first hour of work and two hundred fifty dollars ($250.00) every hour after that. Plus any associated fees for dumpster rentals and trash removal costs, etc.
B. 2nd Offense: Two hundred dollars ($200.00) administration fee for the first hour and two hundred fifty dollars ($250.00) for every hour after that, plus any associated fees for dumpster rentals and trash removal costs, etc.
C. 3rd Offense: Three hundred dollars ($300.00) administration fee for the first h our and three hundred fifty dollars ($350.00) for every hour after that, plus any associated fees for dumpster rentals and trash removal costs, etc.
D. 4th Offense: Four hundred dollars ($400.00) administration fee for the first hour and four hundred fifty dollars ($450.00) for every hour after that, plus any associated fees for dumpster rentals and trash removal costs, etc.
(4) In the case of an emergency, Village Council or Village Administrator may declare the littered land to be a nuisance or a public health hazard and order the owner or occupier of the land containing said litter to immediately remove the litter. If the owner or occupier fails to immediately remove the litter, the Village Council or Village Administrator may cause such nuisance or public health hazard to be removed and cause the costs thereof to be assessed against the land found to be in violation. Same rate schedule applies 1st thru 4th offense.
(Ord. 2017-3. Passed 4-10-17.)
(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.
(ORC 3767.99(C))
(g) Whoever violates subsection (e) hereof is guilty of a minor misdemeanor.