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

   (a)   No person, regardless of intent, shall deposit litter or cause litter to be deposited on any public property, on private property not owned by the person, 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;

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

   (b)   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 the person, 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 the person 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 litter bag or container of a type and size customarily carried and used in a motor vehicle;

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

   (c)   (1)   As used in subsection (b)(1) hereof, "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.

      (2)   As used in subsection (b)(4) hereof, "casual passerby" means a person who does not have depositing litter in a litter receptacle as the person’s primary reason for traveling to or by the property on which the litter receptacle is located.

   (d)    As used in this section:

      (1)   “Auxiliary container” means a bag, can, cup, food or beverage service item, container, keg, bottle, or other packaging to which all of the following apply:

         A.   It is designed to be either single use or reusable.

         B.   It is made of cloth, paper, plastic, foamed or expanded plastic, cardboard, corrugated material, aluminum, metal, glass, postconsumer recycled material, or similar materials or substances, including coated, laminated, or multilayered substrates.

         C.   It is designed for consuming, transporting, or protecting merchandise, food, or beverages from or at a food service operation, retail food establishment, grocery, or any other type of retail, manufacturing, or distribution establishment.

      (2)   “Deposit” means to throw, drop, discard, or place.

      (3)   “Litter” includes garbage, trash, waste, rubbish, ashes, cans, bottles, wire, paper, cartons, boxes, automobile parts, furniture, glass, auxiliary containers, or anything else of an unsightly or unsanitary nature.

      (4)   “Litter receptacle” means a dumpster, trash can, trash bin, garbage can, or similar container in which litter is deposited for removal.

         (ORC 3767.32)

   (e)   No person shall cause or allow litter to be collected or remain 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.

   (f)   Whoever violates any provision of subsections (a) to (d) hereof, is guilty of a misdemeanor of the third degree. The sentencing court may, in addition to or in lieu of the penalty provided in this subsection require a person who violates subsections (a) to (d) hereof to remove litter from any public or private property, or in or on any waters.

(ORC 3767.99(C))

   (g)   Whoever violates subsection (e) hereof is guilty of a minor misdemeanor.

521.09 NOXIOUS OR OFFENSIVE ODORS.

   (a)   No person shall erect, continue, use or maintain a dwelling, building, structure or place for a residence or for the exercise of a trade, employment or business, or for the keeping or feeding of an animal which, by occasioning noxious exhalations or noisome or offensive smells, becomes injurious to the health, comfort or property of individuals or of the public.

(ORC 3767.13)

   (b)   Whoever violates this section is guilty of a misdemeanor of the third degree.

521.10 NONSMOKING AREAS IN PLACES OF PUBLIC ASSEMBLY.

   As used in this section, "place of public assembly" means:

      (1)   Enclosed theaters, except the lobby; opera houses; auditoriums; classrooms; elevators; rooms in which persons are confined as a matter of health care, including but not limited to a hospital room and a room in a rest home serving as the residence of a person living in such rest home;

      (2)   All buildings and other enclosed structures owned by the State,its agencies or political subdivisions, including but not limited to hospitals and State institutions for persons with mental illness and persons with intellectual disabilities; university and college buildings, except rooms within those buildings used primarily as the residences of students or other persons affiliated with the university or college; office buildings; libraries; museums; and vehicles used in public transportation. That portion of a building or other enclosed structure that is owned by the State, a State agency or a political subdivision and that is used primarily as a food service establishment is not a place of public assembly.

   (b)   For the purpose of separating persons who smoke from persons who do not smoke for the comfort and health of persons not smoking, in every place of public assembly there shall be an area where smoking is not permitted, which shall be designated a no smoking area. Provided that, no more than one-half of the rooms in any health care facility in which persons are confined as a matter of health care may be designated as smoking areas in their entirety. The designation shall be made before the place of public assembly is made available to the public. In places included in subsection (a)(1) hereof the local fire authority having jurisdiction shall designate no smoking area. In places included in subsection (a)(2) hereof that are owned by the Municipality, Council shall designate an officer who shall designate the area. In places included in subsection (a)(3) hereof, the person having control of the operations of the place of public assembly shall designate the no smoking area. In places included in subsection (a)(2) hereof which are also included in subsection (a)(1) hereof, the officer who has authority to designate the area in places in subsection (a)(2) hereof shall designate the no smoking area. A no smoking area may include the entire place of public assembly. Designations shall be made by the placement of signs that are clearly visible and that state "NO SMOKING". No person shall remove signs from areas designated as no smoking areas.

   (c)   This section does not affect or modify the prohibition contained in Ohio R.C. 3313.751(B).

   (d)   No person shall smoke in any area designated as a no smoking area in accordance with subsection (b) hereof or Ohio R.C. 3791.031.

   (e)   Whoever violates this section is guilty of a minor misdemeanor.

(ORC 3791.031)

521.11 DEPOSITING POISON.

   (a)   No person shall leave or deposit poison or a substance containing poison in a common, street, alley, lane or thoroughfare, or a yard or enclosure occupied by another.

   Whoever violates this section shall be liable to the person injured for all damages sustained thereby. (1970 Code §32.54)

   (b)   Whoever violates this section is guilty of a misdemeanor of the fourth degree.

521.12 SAMPLES CONTAINING DRUG.

   (a)   No person shall leave, throw or deposit upon the doorstep or premises owned or occupied by another, or hand, give or deliver to any person, except in a place where it is kept for sale, a patent or proprietary medicine, preparation, pill, tablet, powder, cosmetic, disinfectant or antiseptic or a drug or medicine that contains poison or any ingredient that is deleterious to health, as a sample or for the purpose of advertising.

   As used in this section, "drug", "medicine", "patent or proprietary medicine", "pill", "tablet", "powder", "cosmetic", "disinfectant" or "antiseptic" includes all remedies for internal or external use. (1970 Code §32.56)

   (b)   Whoever violates this section is guilty of a misdemeanor of the third degree.

521.13 REGULATING THE SALE OF POISONS.

   (a)   No person shall knowingly sell or deliver to any person otherwise than in the manner prescribed by law, or sell or deliver to a minor under sixteen years of age in the manner prescribed by law but without the written order of an adult, any of the following substances or any poisonous compounds, combinations or preparations thereof: the compounds and salts of antimony, arsenic, chromium, copper, lead, mercury, and zinc; the concentrated mineral acids; oxalic and hydrocyanic acids and their salts, and carbolic acid; yellow phosphorus; the essential oils of almonds, pennyroyal, tansy, and savin, croton oil, creosote, chloroform, chloral hydrate and cantharides; aconite, belladonna, bitter almonds, colchicum, cotton root, cocculus indicus, conium, digitalis, hyoscyamus, ignatia, lobelia, nux vomica, opium, physostigma, phytolacca, strophanthus, stramonium, veratum viride, or any of the poisonous alkaloids or alkaloidal salts or other poisonous principles derived from such alkaloids, or other poisonious alkaloids or their salts; or other virulent poison. (ORC 3719.32)

   (b)   Whoever violates this section is guilty of a minor misdemeanor.

521.14 ADVERTISING MATTER.

   (a)   No person other than the owner or driver thereof, shall deposit any advertising matter in or on any automobile, or other motor vehicle, nor stick or otherwise fasten any advertising matter to any part of any automobile or motor vehicle.

(1970 Code §94.20)

   (b)   Whoever violates this section is guilty of a minor misdemeanor.