(a) As used in this section "Litter" means garbage, trash, waste, rubbish, ashes, cans, bottles, wire, paper, cartons, boxes, automobile parts, furniture, glass or any other item or substance of an unsightly, unsanitary, hazardous or potentially hazardous nature thrown, dropped, discarded, placed or deposited by any person along, near or on any public road, street, parkway, park drive, highway, ditch or any public property or on private property not owned, rented or otherwise legally controlled by such person; or in, or on, any lake, pond, stream, river or other natural or man made watercourse, impoundment area or device unless the person has:
(1) Been directed to do so by an authorized official of the City, State of Ohio or United States government as part of an approved litter collection project or a regular scheduled collection program.
(2) Thrown, dropped, discarded, placed or deposited for the prevention of the carrying away of such material or substance by natural elements such as the wind or stormwater runoff.
(3) Been issued a permit or license for the collection, recycling, deposit or disposal of the material or substance pursuant to City Ordinance, State or Federal law or regulation.
(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 created or accumulated in any place to the damage or prejudice of others or of the public, or to otherwise obstruct, impede, divert, corrupt or render unwholesome or impure any natural or man made watercourse.
(f) The duly appointed Zoning Inspector, Nuisance Inspector, Building Inspector and/or Litter Program Manager are empowered to enforce the requirements of this section as are all other law enforcement officers as defined in Section 501.01(k).
(Ord. 3904. Passed 6-24-85; Ord. 2011-31. Passed 5-21-11.)
(g) Whoever violates this section is guilty of a misdemeanor of the third degree, which carries a penalty of a maximum of imprisonment of sixty days and a maximum fine of five hundred dollars ($500.00). (Ord. 88-3. Passed 5-2-88; Ord. 2011-31. Passed 5-21-11.)