521.03 LITTERING AND DEPOSIT OF GARBAGE, RUBBISH, JUNK, ETC.

   (a)    This section shall be administered and enforced by the Health Commissioner and the Police Department and/or their designated staff. They shall investigate all requests under this section and shall have the power to order the nuisance abated.

   (b)    Littering. 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; or

(3)    The person is issued a permit or license covering the litter pursuant to Ohio R. C. Chapter 3734 or 6111.

   (c)    Litter in Receptacles. Persons placing litter in public receptacles or in private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements on any street, sidewalk or other public place, or on private property.

   (d)    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 litterbag or container of a type and size customarily carried and used in a motor vehicle,

B.    The contents of an ashtray 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 may reasonably 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 may reasonably be expected to be generated during a routine day by a person and deposited in a litter receptacle by a casual passerby.

   (e)    Sweeping Litter into Gutter Prohibited. No person 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.

   (f)    Littering From Vehicle. 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.

   (g)    Litter in Parks. No person shall throw or deposit litter in any park within the City except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements on any part of the park or on any street or other public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence, and properly disposed of elsewhere as provided herein.

   (h)    Throwing or Distributing Handbills.

(1)    No person shall throw or deposit any commercial or noncommercial handbill in or on any sidewalk, street or other public place within the City, nor shall any person hand out or distribute or sell any commercial handbill in any public place. However, it shall not be unlawful for any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill to any person willing to accept it on any sidewalk, street or other public place within the City.

(2)    No person shall throw or deposit any commercial or noncommercial handbill in or on any vehicle; provided that it shall not be unlawful in any public place for a person to hand out or distribute without charge to the receiver thereof a noncommercial handbill to any occupant of a vehicle who is willing to accept it.

(3)    No person shall throw or deposit any commercial or noncommercial handbill in or on any private premises which are temporarily or continuously uninhabited or vacant.

(4)    No person shall throw, deposit or distribute any commercial or noncommercial handbill on any private premises, if requested by anyone thereon not to do so, or if there is placed on the premises in a conspicuous position near the entrance thereof a sign bearing the words, "no trespassing," "no peddlers or agents," "no advertisement" or any similar notices, indicating in any manner that the occupants of the premises do not desire to be molested or have their right of privacy disturbed, or to have any such handbills left on such premises.

(5)    No person shall throw, deposit or distribute any commercial or noncommercial handbill in or on private premises which are inhabited except by handing or transmitting any such handbill directly to the owner, occupant or other person then present in or on such private premises provided that in case of inhabited private premises which are not posted as provided in this chapter, such person, unless requested by anyone on such premises not to do so, may place or deposit any such handbill in or on such inhabited private premises, if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or sidewalks, streets or other public places and except that mailboxes may not be used when so prohibited by federal postal law or regulations.

   (i)   Mail and Newspapers Exceptions. The provisions of Section 521.03(h)(5) shall not apply to the distribution of mail by the United States, nor to newspapers (as defined herein), except that newspapers shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements on any street, sidewalk or other public place, or on private property.

   (j)    Dropping Litter From Aircraft. No person in an aircraft shall throw out, drop or deposit within the City any litter, handbill or any other object.

   (k)    Posting Notices Prohibited. No person shall post or affix any notice, poster or other paper or device, calculated to attract the attention of the public, to any lamp post, public utility pole or shade tree, or on any public structures or building, except as may be authorized or required by law.

   (l)    Litter on Vacant Lots. No person shall throw or deposit litter on any open or vacant private property within the City whether owned by such person or not.

   (m)    Trucks Causing Litter. No person shall drive or move any vehicle or truck within the City, the wheels or tires of which carry onto or deposit in any street, alley or other public place, mud, dirt, sticky substances, litter or foreign matter of any kind.

   (n)    Transportation of Litter.

(1)    No person shall transport stone, dirt, or litter in any manner over and on any street, alley or public thoroughfare in such manner that it is or may be strewn on or along such public way in the City.

(2)    No person shall transport stone or dirt over and on any public thoroughfare until and unless such stone and dirt shall be sprayed or wetted with sufficient water or other wetting agent in such manner as to prevent such stones or dirt from blowing or falling from the vehicle transporting same.

(3)    No person shall transport litter over and on any public thoroughfare until and unless the vehicle or trailer carrying such material is equipped with a cover, tarpaulin, ropes, wire or other semi-solid covering so fastened or secured as to prevent the litter from blowing, falling or being strewn on the thoroughfare in the City.

   (o)    The Service-Safety Director is authorized, empowered and directed to remove all litter found in the corporation limits of the City of Findlay, provided notice, as required by the Ohio R. C. 731.51, has been served on any owner, lessee, agent or tenant having been charged of the litter, land, and such owner, lessee, agent or tenant has failed to comply within five days after service of the notice by failing to remove said litter in accordance with the notice. Prior to removing the litter, the Director shall determine by an actual inspection of such lands that the litter thereon is within the means of the Ohio R.C. 731.51 and Section 521.03 of the City of Findlay Code of Ordinances.

(1)    Fees for services and returns. Any police officer or Clerk of Council may make services and returns of the notice provided for in Section 521.03, and shall be allowed the same fees as that provided for services and return of summons in civil cases before a magistrate.

(2)    Lien on property. Council shall make a written return to the County Auditor of their action under Section 521.03, with a statement of the charges for their services, the amount paid for labor, the fees of the officer serving the notice and a proper description of the premises. Such amount when allowed, shall be entered on the tax duplicate as a lien on such lands from and after the date of the entry, and shall be collected as other taxes and returned to the City of Findlay with the General Fund.

         (Ord. 2000-45. Passed 6-20-00.)