For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
LITTER. Any discarded, used, or unconsumed substance, matter, or waste. LITTER may include, but is not necessarily limited to, any garbage, trash, refuse, rubbish, grass clippings, or other lawn waste, newspaper, magazine, glass, metal, plastic, or any type of container or other packing or construction material, wood, abandoned motor vehicle as defined by law, motor vehicle parts, furniture, oil, carcass of a dead animal, any nauseous or offensive matter of any kind, any object likely to injure any person or create a traffic hazard, or anything else of an unsightly or unsanitary matter which has been carried, abandoned, or otherwise disposed of improperly.
MOTOR VEHICLE. Every vehicle which is self-propelled and includes, but is not limited to, mopeds, motorcycles, motorbikes, motor scooters, and including automobiles, trucks, vans, recreational vehicles, semi-trailer trucks, busses and also pedacycles which are equipped with operational pedals for propulsion by human power and equipped with a power drive shaft which functions directly or automatically only and not requiring shifting by the operator while the drive cylinder is engaged.
PERSON. Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, or any other legal entity or their legal agent, representative, or assign.
(Ord. 1036, passed 2-18-80)
No person shall dump, deposit, drop, throw, discard, leave, cause to permit the dumping, depositing, dropping, throwing, discarding, or leaving of litter upon any public or private property within the corporate limits of the village, or upon or into any river, pond, stream or other body of water unless the following situations exist.
(A) The property has been designated by the state or any of its agencies or the village, for the disposal of litter and the litter is disposed of on that property in accordance and compliance with all applicable rules and regulations of the State Pollution Control Board or other controlling governmental and regulatory board.
(B) The litter is placed into a receptacle or other container or enclosed depository intended by the owner or tenant in lawful possession of that property for the disposal of litter.
(C) The person is the owner or tenant in lawful possession of the property or has first obtained the express consent of the owner or tenant in lawful possession or unless the act is done under the personal direction of the owner or tenant and does not create a public health or safety hazard, a public nuisance, or a fire hazard.
(D) The person is acting under the direction of proper public officials directing special clean-up days.
(E) The person is lawfully acting in or reacting to an emergency situation where health and safety is threatened and removal from the property of such litter when the emergency situation no longer exists.
(Ord. 1036, passed 2-18-80) Penalty, see § 93.99
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