(a) Definition. “Litter” means any garbage, waste or peelings of vegetables or fruits, rubbish, ashes, cans, bottles, wire, paper, cartons, boxes, automobile parts, tires, construction debris, furniture, glass, oil or any object or substance which tends to create a danger to public health, safety, or welfare or which by sight or smell creates or contributes to unsightly or unsanitary conditions.
(b) Litter in Public Places. No person, firm or corporation shall throw, place or dispose of in any manner any litter near or on any public road, street, parkway, park drive, highway, ditch or any land adjoining any public road, highway or ditch, except on land provided by the Planning and Zoning Commission, City ordinance or other governmental authority, unless directed to do so by public officials on special cleanup days.
Upon application, the Public Service Director may issue a permit, subject to such terms and conditions as he or she may determine, for the disposal of earth, clean ashes or other material not deemed a nuisance.
(Ord. 798-1960. Passed 10-3-60.)
(c) Litter on Private Property. No person shall throw or deposit litter on any open, vacant, or occupied private property within the City whether owned by such person or not.
(d) Owner to Maintain Premises Free of Litter. The owner or person in control of any private property shall maintain the premises free of litter. This section shall not prohibit the storage of litter in authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk, or other public place or upon any private property.
(e) Merchants' Duty to Keep Sidewalks Free of Litter. No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the City the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of business within the City shall keep the sidewalk in front of their business premises free of litter.
(f) Merchants' Duty to Maintain Waste Disposal Area. It shall be unlawful for any commercial property owner or occupier to permit open or overflowing waste disposal containers, dumpsters or bins on the property. Waste shall be deposited and controlled so as not to be scattered by the winds and the area surrounding waste disposal containers of any kind shall be maintained free of waste at all times.
(g) Posting Notices Prohibited. No person shall place, post or affix any notice, poster, or other paper or device, calculated to attract the attention of the public in the public right-of-way, or on any public property, or to any lamppost, public utility pole, or shade tree in the public right-of-way or on public property, or upon any public structure or building, except as authorized or required by law.
(h) Littering from Motor Vehicles.
(1) No operator or occupant of a motor vehicle shall, regardless of intent, throw, drop, discard, or deposit litter from any motor vehicle in operation upon any street, road, or highway, except into a litter receptacle in a manner that prevents its being carried away or deposited by the elements.
(2) No operator of a motor vehicle in operation upon any street, road, or highway shall allow litter to be thrown, dropped, discarded, or deposited from the motor vehicle, except into a litter receptacle in a manner that prevents its being carried away or deposited by the elements.
(i) Parental Responsibility. No person, including a parent, guardian, or other custodian of a child, shall allow a child under the care and control of the parent, guardian, or other custodian, to violate any provision of this ordinance. It shall be an affirmative defense to a violation of this provision that the parent, guardian, or other custodian of the child has invoked the jurisdiction of the Juvenile Court against the child prior to the time the child was found to be violating any provision of this ordinance.
(j) Enforcement. All sections of this ordinance may be enforced by any Euclid Police Officer. All sections, with the exception of sections (h) and (i), may be enforced by any Euclid Building or Housing Inspector.
(k) Penalty. Whoever violates any provision of this ordinance is guilty of littering, a misdemeanor of the fourth degree and shall be fined seventy-five dollars ($75.00) for each violation of this section. Whoever fails to pay said fine within 14 days shall be bound over to the Euclid Municipal Court and subject to prosecution and penally of not more than two hundred fifty dollars ($250.00) or imprisoned not more than 30 days, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(Ord. 158-1982. Passed 7-26-82; Ord. 73-2007. Passed 5-7-07.)