521.08 LITTERING AND DEPOSIT OF GARBAGE, RUBBISH, JUNK, ETC.
(a) No person shall, regardless of intent, throw, drop, discard, place or deposit litter or cause litter to be thrown, dropped, discarded, placed or deposited on any public property, or private property not owned by him, or in or on waters of the State, the Municipality or waters not owned by him, unless the person has:
(1) Been directed to do so by a public official as part of a litter collection drive;
(2) Thrown, dropped, discarded, placed or deposited the litter in a litter receptacle in a manner that prevents its being carried away by the elements; or
(3) Been issued a permit or license covering the litter pursuant to Ohio R.C. Chapter 3734 or 6111.
(b) As used in this section:
(1) "Litter" means garbage, trash, waste, rubbish, ashes, cans, bottles, wire, paper, cartons, boxes, automobile parts, tires, waste tires, furniture, glass, air conditioners, appliances, unattended accumulations of yard waste, or anything else of an unsightly or unsanitary nature.
(2) "Tire" means a continuous solid or pneumatic rubber covering encircling the wheel of a vehicle in which a person or property is or may be transported in or drawn by upon a highway.
(3) "Waste tire" means a tire that is no longer suitable for its original intended purpose because of wear, damage or defect.
(4) "Chloroflourcarbons" or "CFC’s" and "Freon" mean the refrigerant gas used in refrigeration and air-conditioning and includes R-12 and R-22.
(c) 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.
(d) Any litter found on any public or private property with any indication of ownership on it will be evidence creating a rebuttable inference it was deposited improperly by the person whose identity is indicated.
(e) Whoever violates this section is guilty of a misdemeanor of the third degree, provided, however, that if the litter either:
(1) Is of an amount in excess of what could be contained within two standard thirty gallon trash bags; or
(2) Includes any tire(s) or waste tire(s); or
(3) Is an air conditioner, appliance, device, tank, or container which contains chloroflourocarbons (CFC’s freon);
the violation shall be a misdemeanor of the first degree.
The court shall impose upon the offender a fine of not less than $250.00, which shall be deposited in a special fund known and designated as the "Bag a Dumper Fund", and shall further cause the offender to reimburse the City or the owner of the property from which the litter was removed for all costs associated with the cleanup of the litter.
(f) Any person who provides information leading to an arrest and conviction under this section shall be eligible for a reward in an amount up to $150.00. The eligibility for and amount of the reward shall be determined by the Litter Advisory Board on consideration of the totality of the circumstances, and the decision of the Board shall be final. Rewards shall be paid from the Bag a Dumper Fund. (Ord. 101-92. Passed 9-14-92.)