§ 92.05  LITTERING.
   (A)   Definitions. For purposes of this section, "litter" shall include garbage (as defined by § 93.21), waste, peelings of vegetables or fruits, rubbish, ashes, cans, bottles, wire, paper, cartons, boxes, and other materials of an unsightly or unsanitary nature, and discarded materials as defined by § 93.21.
   (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 such person 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; or
      (2)   Except as provided in division (C) of this section, the person deposits the litter in an appropriate litter receptacle as defined in § 92.04(A) in a manner that prevents it being carried away by the elements.
   (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 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 passer-by.
   (D)   (1)   As used in division (C)(1) of this section, "public property" includes property owned by the city and any private property open to the public for the conduct of business or the provision of a service, but does not include any private property to which the public otherwise does not have a right of access.
      (2)   As used in division (C)(4)(d) of this section, "casual passer-by" 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.
(Ord. 12, 2020, passed 8-5-20)