(A) No person, shall throw, drop, deposit, discard, or otherwise dispose of litter upon any public place, in the city or upon any private property not owned by him, or in any waters within the jurisdiction of the city whether from a vehicle or otherwise except:
(1) When such property is designated by the state or by any of its agencies or the city for disposal of garbage and refuse, and such person is authorized by the proper public authority to so use such property;
(2) Into a litter receptacle or other container in such manner that the litter will be prevented from being carried away or deposited by the elements upon any part of the public place or any private property; or
(3) When such person is the owner or does have control or custody of the property, or has prior consent of the owner or tenant in lawful possession of such property, or unless the act is done under the personal direction of the owner or tenant and provided the litter will not cause a public nuisance or be in violation of any other state or local laws, rules, or regulations.
(B) Any person violating the provisions of this section shall be guilty of a misdemeanor and in addition to or in lieu of any other penalty, such person, may in the sound discretion of the court, be directed, by the court to pick up and remove from any public place or any private property, with permission of the owner, or the person in possession, of the property, upon which it is established that such person has deposited litter any and all litter deposited thereof by anyone prior to the date of the execution of sentence.
(Ord. 1980-17, passed 4-7-80) Penalty, see § 94.99