(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
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.
DEPOSIT. Means to throw, drop, discard or place.
LITTER. Means garbage, trash, waste, animal waste or feces, rubbish, ashes, cans bottles, wire, paper, cartons, boxes, automobile parts, furniture, glass, yard waste including grass clippings and leaves or anything else of an unsightly or unsanitary nature.
LITTER RECEPTACLE. Means a dumpster, trash can, trash bin, garbage can or similar container in which litter is deposited for removal.
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 to access.
(B) 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:
(1) The person is directed to do so by a public official as a part of a litter collection drive.
(2) Except as provided in division (C), the person deposits the litter in a litter receptacle in a manner that prevents it being carried away by the elements.
(3) The person is issued a permit or license covering the litter pursuant to R.C. Chapters 3734 or 6111.
(C) 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:
(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 he or she reasonably believes to have the privilege to use the litter receptacle.
(4) The litter consists of any of the following:
(a) Beverage containers and food sacks, wrappings, and containers of a type and in an amount that reasonable may be expected to be generated during routine commuting or business or recreational travel.
(b) Beverage containers and food sacks, wrappings, and containers of a type and in an amount that reasonable may be expected to be generated during a routine day by a person and deposited in a litter receptacle by a casual passerby travel.
(D) This section may be enforced by any sheriff, deputy sheriff, police officer of a municipal corporation, wildlife officer, park officer, inspector of nuisances of a county or municipal corporation or any other law enforcement officer within the officer’s jurisdiction.
(E) The violation of this section shall be considered a minor misdemeanor punishable by a fine of no more than $150.
(Ord. 12-04-02, passed 4-17-12)