§ 660.035  DUMPING.
   (a)   Definitions. As used in this section:
      (1)   DUMPING.  Means, but is not limited to, the discarding, dropping, placing, throwing, depositing or disposing of in any manner, any garbage, trash, dead animals, junk, tires, automobile parts, unusable building materials or any other similar substance, manmade or otherwise, in an amount in excess of what could be contained within one standard 30-gallon trash bag, weighing more than five pounds serving no functional purpose for which it was intended at the location it is found or which is or may become noxious, offensive, injurious or dangerous to the public health, comfort or safety.
      (2)   PERSON.  Means, but is not limited to, individuals, corporations, partnerships, associations and firms.
   (b)   Dumping prohibited. No person shall, without lawful authority, dump or cause to be dumped any waste or other refuse upon any public property or upon the premises of another.
   (c)   Rebuttable presumption. For the purposes of this section, a rebuttable presumption is created that a person dumped or caused to be dumped waste or refuse in violation of this section if any writing or document is found in or near such waste or refuse indicating the name, address or other identifying information of such person.
   (d)   Certain lands exempted. This section does not apply to land being used under a Municipal building or construction permit or license, a Municipal permit or license, or a conditional zoning permit or variance to operate a junk yard, scrap metal processing facility, or similar business, or a permit or license issued pursuant to Ohio R.C. Chapter 3734, Ohio R.C. 4737.05 to 4737.12, inclusive, or Ohio R.C. Chapter 6111.
   (e)   Penalty.
      (1)   Whoever violates division (b) of this section is guilty of a misdemeanor of third degree on a first offense; on a second offense such person is guilty of a misdemeanor of the first degree.
      (2)   Any and all costs incurred by the City in the cleanup or removal of waste or refuse shall be the responsibility of the violator. The Court may, to the extent permitted by law, order these costs paid as restitution, or the City may seek to recover such costs through a civil action.
(Ord. O2004-25, passed 3-16-2004)