521.08  LITTERING AND DEPOSIT OF GARBAGE, RUBBISH, JUNK, ETC.
   (a)   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, the Municipality or waters not owned by him, 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)   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. (ORC 3767.32)
   (c)   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.
   (d)   No person shall allow fermenting, putrefying or odoriferous garbage to exist on property owned, rented or controlled by such person.  This includes garbage and/or rubbish uncollected due to the failure to display an official sticker or illegally dumped in the open.  Such action by any person(s) is hereby declared to be a public nuisance.
   (e)   No person shall allow garbage, rubbish or other refuse, not to include a properly maintained composting area, to accumulate out-of-doors for more than one week at a time.  Such matter shall be placed out-of-doors only in covered metal or plastic containers or plastic bags (not to exceed thirty-three gallons or seventy-five pounds) designed for such purpose.  No person shall permit any fermenting, putrefying or odoriferous garbage and/or rubbish to exist upon any property owned, rented or controlled by any such person.  This includes garbage and/or rubbish uncollected due to the failure to display an official sticker or is illegally dumped in the open.
   (f)   Tenants or property owners who allow refuse to accumulate for longer than seven days shall be sent notice to remove such accumulation.  If such condition is not corrected within seven days of the notification the offender shall be subject to the penalty provided in subsection (h) hereof.
   (g)   Whoever violates subsection (a) 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 subsection (a) hereof to remove litter from any public or private property, or in or on any waters.
(ORC 3767.13)
   (h)   Whoever violates all other subsections herein, except as otherwise indicated, is guilty of a minor misdemeanor and the cost of the cleanup shall be assessed to the violator.
(Ord. 93-1491.  Passed 5-18-93.)