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(a) 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 part of a litter collection drive.
(2) Except as provided in division (b) of this section, the person deposits the litter in a litter receptacle in a manner that prevents its being carried away by the elements.
(3) The person is issued a permit or license covering the litter pursuant to Ohio R.C. Chapter 3734 or 6111.
(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 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. 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 division (b)(1) of this section, "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 division (b)(4) of this section, "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.
(d) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) “Auxiliary container.” 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.” To throw, drop, discard or place.
(3) “Litter.” 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.” A dumpster, trash can, trash bin, garbage can or similar container in which litter is deposited for removal.
(e) This section may be enforced by any sheriff, deputy sheriff, police officer of a municipal corporation, police constable or officer of a township, or township or joint police district, wildlife officer designated under Ohio R.C. 1531.13, natural resources officer appointed under Ohio R.C. 1501.24, forest-fire investigator appointed under Ohio R.C. 1503.09, conservancy district police officer, inspector of nuisances of a county, or any other law enforcement officer within the law enforcement officer’s jurisdiction.
(f) Whoever violates any provision of this section shall be guilty of a misdemeanor of the third degree. The sentencing court may, in addition to or in lieu of the penalty provided in this division, require a person who violates this section to remove litter from any public or private property or in or on waters of the State.