(a) Littering.
(1) 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 her, or in or on waters of the State, unless one of the following applies:
A. The person is directed to do so by a public official as part of a litter collection drive.
B. Except as provided in division (a)(2) of this section, the person deposits the litter in a litter receptacle in a manner that prevents its being carried away by the elements.
C. The person is issued a permit or license covering the litter pursuant to Ohio R.C. Chapter 3734 or 6111.
(2) 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 or her, unless one of the following applies:
A. The litter was generated or located on the property on which the litter receptacle is located.
B. The person is directed to do so by a public official as part of a litter collection drive.
C. The person is directed to do so by a person whom he or she reasonably believes to have the privilege to use the litter receptacle.
D. The litter consists of any of the following:
1. The contents of a litter bag or container of a type and size customarily carried and used in a motor vehicle.
2. The contents of an ash tray of a type customarily installed or carried and used in a motor vehicle.
3. Beverage containers and food sacks, wrappings, and containers of a type and in an amount that reasonably may be expected to be generated during routine commuting or business or recreational travel by a motor vehicle.
4. Beverage containers, food sacks, wrappings, containers, and other materials of a type and in an amount that reasonably may be expected to be generated during a routine day by a person and deposited in a litter receptacle by a casual passerby.
(3) A. As used in division (a)(2)A. of this section, "public property" includes any private property open to the public for the conduct of business, the provision of a service, or upon the payment of a fee but does not include any private property to which the public otherwise does not have a right of access.
B. As used in division (a)(2)D. of this section, "casual passerby" means a person who does not have depositing litter in a litter receptacle as his or her primary reason for traveling to or by the property on which the litter receptacle is located.
(4) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
A. "Deposit" means to throw, drop, discard, or place.
B. "Litter" means garbage, trash, waste, rubbish, ashes, cans, bottles, wire, paper, cartons, boxes, automobile parts, furniture, glass, or anything else of an unsightly or unsanitary nature.
C. "Litter receptacle" means a dumpster, trash can, trash bin, garbage can, or similar container in which litter is deposited for removal.
(5) This section may be enforced by any sheriff, deputy sheriff, police officer of a municipal corporation, police constable or officer of a township, or township or joint police district, wildlife officer designated under Ohio R.C. 1531.13, natural resources officer appointed under Ohio R.C. 1501.24, forest-fire investigator appointed under Ohio R.C. 1503.09, conservancy district police officer, inspector of nuisances of a county, or any other law enforcement officer within the law enforcement officer’s jurisdiction.
(ORC 3767.32)
(6) Whoever violates any provision of this section shall be guilty of a misdemeanor of the third degree. The sentencing court may, in addition to the penalty provided in this division, require a person who violates this section to remove litter from any public or private property or in or on waters of the State.
(ORC 3767.99(C))
(b) Proper Disposal of Refuse.
(1) Every occupant shall dispose of his or her refuse in a clean and sanitary manner by placing it in approved receptacles. Every occupant or owner shall make the necessary arrangements for the pickup and removal of refuse so as not to overload the containers or receptacles.
(2) No person shall burn refuse at any place within the City. No person shall throw, deposit or dispose of in any manner, or cause to be thrown, deposited or disposed of in any manner, any refuse upon any street, right of way, drainage course, parking lot, vacant premises, rear yard or body of water.
(3) No person shall keep or store refuse in any manner other than in receptacles as required by division (c) of this section.
(c) Receptacles.
(1) It shall be the duty of every owner, occupant, tenant or lessee of any dwelling, building or property, either used or occupied within the City, to keep within a building or on the property occupied by such building suitable receptacles for garbage, rubbish and waste materials disposal.
(2) Single residence containers shall be a metal or plastic can equipped with suitable handles, or a plastic bag that is securely tied closed. All containers shall be watertight. Such containers should have a capacity of approximately thirty-five gallons. Material set out for recycling shall be placed in a designated container.
(3) Multi-family, condominium and apartment residences may utilize single residence container standards or one cubic yard steel containers in appropriate locations and numbers as necessary.
(4) Commercial and industrial businesses may use one to eight-cubic-yard steel containers.
(5) Containers shall be maintained in good condition and kept in a clean, neat and sanitary condition at all times to meet health and safety standards. Any container that does not conform to the provisions of this chapter shall be promptly replaced.
(6) It shall be unlawful to keep, place or deposit garbage, rubbish or waste matter that accumulates during building construction except in receptacles as set forth in this section, except for waste matter, such as top soil, sand, stones and bricks, that is stored for sale or use on any private property.
(d) Collection of Refuse and Recycling.
(1) Residential refuse and recycling shall be scheduled and collected on every Wednesday and on no other day of the week.
(2) Collection is permitted to start at 6:00 a.m. and continue until 5:00 p.m.
(3) Refuse and recycling may be set out at the curb for collection no earlier than 12:00 noon the day before the day of collection and must be removed from the curb by 7:00 a.m. the day after the day of collection.
(e) Scattering or Pilfering of Refuse. No person shall, without the consent of the owner or person in charge thereof, disturb, scatter, remove or pilfer any refuse placed in containers.
(f) Accessibility of Garbage to Vermin. No person shall keep, store or deposit garbage such that rats or other vermin can have access thereto or feed thereon.
(g) Transportation of Refuse. Whoever transports refuse in any manner over and upon any street or public highway shall do so in such a manner that none of the refuse shall be strewn upon and along such street or public highway.
(h) Penalty. Whoever violates division (a) of this section shall be subject to the penalty provided in division (a)(6). Whoever violates any other provision of this section is guilty of a minor misdemeanor and shall be subject to the penalty provided in Section 698.02. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(Ord. 2573. Passed 10-13-97.)