(a) No Littering. No person shall, regardless of intent, throw, drop, discard, place, or deposit litter or cause litter to be thrown, dropped, discarded, placed, or deposited on any public property, on private property not owned by him, or in or on waters of the State, unless the person has:
(1) Been directed to do so by a public official as part of a litter collection drive;
(2) Thrown, dropped, discarded, placed, or deposited the litter in a litter receptacle in a manner that prevents its being carried away by the elements; or
(3) Been issued a permit or license covering the litter pursuant to Ohio R. C. Chapter 3734 or 6111.
(b) Definition of Litter. As used in this section, "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 thrown, dropped, discarded, placed, or deposited by a person on public property, on private property not owned by him, or in or on waters of the State, unless the person has:
(1) Been directed to do so by a public official as part of a litter collection drive;
(2) Thrown, dropped, discarded, placed, or deposited the material in a receptacle in a manner that prevented its being carried away by the elements; or
(3) Been issued a permit or license covering the material pursuant to Ohio R. C. Chapter 3734 or 6111.
(c) Special "Newspaper" Exception. Newspapers shall be considered an exception to the definition of "paper" litter, under subsection (b) hereof, in order to encourage the free dissemination of the news, provided that the following strict guidelines are followed in the distribution and/or delivery of newspapers, the guidelines of which are designed for the health, safety, morals, and welfare of the citizens of the Village, as well as the esthetic beauty of the Municipality:
(1) Newspapers shall not be thrown from motor vehicles, bicycles, or any other moving tracked vehicle.
(2) Newspapers shall not be thrown, dropped, or discarded, placed, or deposited in, on, or upon any of the following areas of the Village:
A. Any road, highway, street, alley, or public thoroughfare, also including public right of ways and public parking areas.
B. Any sidewalk, curb, or gutter.
C. Anywhere on land owned or controlled by the Village, including but not exclusive of other areas, water works, sewer plants, the Town Hall, and the firehouse.
D. Anywhere on private property after an owner or occupant of the property has given the newspaper publisher written notice not to distribute or deliver newspapers to his property.
E. Anywhere on private property other than where the owner or occupant directs newspapers to be distributed and/or delivered, as per the following rules:
1. Owners or occupants shall advise newspaper publishers in writing where newspapers are to be distributed and/or delivered to their property.
2. If owners or occupants do not advise newspaper publishers in writing where newspapers are to be distributed and/or delivered to their property, then newspapers may only be distributed and/or delivered to a location within six feet of the entrance to a structure, house, building, or other unit, provided it is placed on a porch, patio, receptacle, steps, or in or on a door entrance.
(d) Enforcement. 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 police district, game protector, park officer, forest officer, preserve officer, conservancy district police officer, or any other law enforcement officer within his jurisdiction.
(e) Penalty. The penalty for a violation of this section shall be a minor misdemeanor. If the offender has previously been convicted of a violation of this section, then the penalty shall be the same as that which is prescribed under current Ohio R. C. 3767.99 for violations of the State "litter" law contained currently under Ohio R. C. 3767.32 i.e., a maximum five hundred dollar ($500.00) fine and/or sixty days in jail and/or a sentencing court order requiring the violator to remove the litter from any public or private property, or in or on waters of the State.
(Ord. 1987-8. Passed 5-19-87.)