521.08 LITTERING AND DEPOSIT OF GARBAGE, RUBBISH, JUNK, ETC.
   Unless otherwise permitted by the provisions of these Codified Ordinances, or by the issuance of written permission by either the office of the Mayor or the Village Administrator:
   (a)   No person, firm, company, corporation, partnership, limited liability company, or other entity shall place, allow, collect, cause to remain, or dispose of, in any manner, upon any public property, or upon the premises of another, any paper, trash, garbage, waste, rubbish, refuse, litter, junk, or any other substance or material which is or may become noxious, offensive, unsi6ghtly, injurious, or dangerous to the public health, comfort, safety or well being.
   (b)   No person, firm, company, corporation, partnership, limited liability company, or other entity shall place, allow, collect, cause to remain, or dispose of, in any manner paper, trash, garbage, waste, rubbish, refuse, litter, junk, or any other substance or material that is or may become noxious, offensive, unsightly, injurious, or dangerous, 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.
      (Ord. 2002-136. Passed 9-24-02.)
   (c)   No person, firm, company, corporation, partnership, limited liability company, or other entity shall place a trash, garbage, litter and/or refuse container on a tree lawn for collection prior to 5:00 p.m. of the evening prior to the scheduled time of the collection of trash, garbage, refuse, litter, and other such items that are being discarded into the trash. (Ord. 2009-093. Passed 11-17-09.)
   (d)   No person, firm, company, corporation, partnership, limited liability company, or other entity shall permit a waste, trash, garbage, litter and/or refuse container to remain on a tree lawn after the trash, garbage, refuse, litter, etc., has been collected, for a period in excess of twelve hours after the collection of same. Except after sunset on the day before the regularly scheduled garbage and rubbish collection for the premises involved and for a period of twelve hours after the actual time of the collection of the garbage and rubbish, no person shall deposit, store, cause or allow to be stored on premises under his or her ownership or control, any ashes, garbage, refuse, rubbish or waste paper, unless such deposit or storage takes place behind the front building line of the main building.
      (Ord. 2009-35. Passed 5-5-09.)
   (e)   No person, firm, company, corporation, partnership, limited liability company, or other entity shall be allowed to place any property removed from a leasehold premise, which is resulting from a planned move, an emergency move, an eviction, or otherwise, upon the public right of way or tree lawn. Any person, firm, corporation, partnership, limited liability company, or other entity who allows same to remain on the tree lawn or public right of way shall be responsible for the cost of removing same, and subject to the penalties outlined herein.
   (f)   Except for the collection of garbage, trash, rubbish, refuse, litter, and/or junk from a commercial and/or industrial establishment, no person, firm, company, corporation, partnership, limited liability company, or other entity shall cause and/or permit the collection of garbage, trash, rubbish, refuse, litter, and/or junk within the municipal boundaries of the Village, except between the hours of 7:00 a.m. and 9:00 p.m., Wednesday, Thursday or Friday.
   (g)   Except those vehicles being utilized for the collection of garbage, trash, rubbish, refuse, litter, and/or junk from a commercial and/or industrial establishment, no person, firm, company, corporation, partnership, limited liability company, or other entity shall cause and/or permit the operation of any vehicle being used for the collection, disposal, moving, and/or storage of garbage, trash, rubbish, refuse, litter, and/or junk upon any street, road and/or alley located within the municipal boundaries of the Village, except between the hours of 7:00 a.m. and 9:00 p.m., Wednesday, Thursday or Friday.
   (h)   The provisions of this section relating to the permitted days of collection and operation of any vehicle being used for the collection, disposal, moving, and/or storage of garbage, trash, rubbish, refuse, litter, and/or junk upon any street, road and/or alley located within the municipal boundaries of the Village as set forth above, shall not apply to any person, firm, company, corporation, partnership, limited liability company, or other entity that is operating said vehicle and/or collecting, disposing, moving, and/or storing garbage, trash, rubbish, refuse, litter, and/or junk from a property that has a legally permitted use classification of: industrial, commercial, and/or residential “multi-family.”
   (i)   Nothing in this section shall exempt any person, firm, company, corporation, partnership, limited liability company, or other entity from the provisions of Section 511.03 of the Codified Ordinances of the Village of Fairport Harbor.
   (j)   As used in this section:
      (1)   “Garbage” means the putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
      (2)   “Refuse” means all putrescible and non-putrescible solid waste including garbage, junk, rubbish, trash, ashes, street cleanings, dead animals and solid market and industrial waste.
      (3)   “Litter” means any garbage, waste, peelings of vegetables or fruits, junk, rubbish, ashes, cans, bottles, trash, wire, oil, paper, cartons, boxes, automobile parts, furniture, furnishings, clothing, glass, or any thing else of an unsightly or unsanitary nature.
   (k)   Whoever violates this section is guilty of a minor misdemeanor on a first offense; on each subsequent offense such person is guilty of a misdemeanor of the fourth degree. (Ord. 2002-136. Passed 9-24-02.)