(a) For purposes of this section:
(1) “Junk” includes old or scrap copper, brass, rope, rags, batteries, paper, rubber, lumber, pipe, used building materials, roofing; old or scrap iron steel or other ferrous or nonferrous materials which are not held for sale for remelting purposes by an establishment having facilities for processing such materials; and inoperable and unlicensed, dismantled, partly dismantled or wrecked vehicles or motor vehicles, or parts thereof.
(2) “Garbage” includes all putrescible wastes except sewage, wastes of the human body and other water-carried wastes; including all vegetable and animal offal and carcasses and animal wastes resulting from the handling, preparation, cooking or consumption of foods; any containers that have contained food or liquids for consumption by humans or other beings. It shall further mean all ashes and/or other materials produced as a result of the reduction of putrescible waste by incinerator or other means.
(3) “Refuse” includes ashes, crockery, bottles, cans, paper and other wood pulp products, boxes, rags, grass clippings and other cut vegetation; old or discarded clothing, bedding, mattresses, furniture, appliances; rubbish, dirt, nails, pieces of glass, oil; and all other similar nonputrescible wastes.
(4) “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.
(5) “Deposit” means to throw, drop, discard or place.
(6) “Litter receptacle” means a dumpster, trash can, trash bin, garbage can or similar container in which litter is deposited for removal.
(7) “Collector” means each and all of the duly authorized agents and/or employees in connection with the collection/disposal of the garbage/rubbish removal service provider in contract with the Village of Perrysville.
(8) “Householder” means the head of a family or one maintaining his/her separate living room or quarters on the premises and includes owners, tenants, residents and occupants of all premises, upon which garbage or rubbish, or both are accumulated.
(9) “Multi-Dwelling Units or Multi-Family Dwelling” means three (3) or more separate housing units, designed for and occupied by residential inhabitants living independently of each other and having separate or combined entrances, contained within one building or several buildings within one complex upon a single property. Units can be next to each other (side by side) or stacked on top of each other (top and bottom units). Each dwelling unit must contain a minimum of seven hundred fifty (750) square feet, respectively.
(10) “Person” means any individual, firm, partnership, company, unincorporated association, organization or corporation of any kind. Words in the singular shall include the plural.
(11) “Premises” shall include land and/or buildings or parts of either.
(12) “Rubbish” means waste generated by the normal activities of a household or business, including, but not limited to, food waste, yard waste, litter, bottles, broken glass, crockery, tin cans, printed matter, paper and clothing items. It does not, however, include any materials in the nature of earth, sand, brick, stone, plaster, wood and metal, but not limited to other materials that may accumulate during a period of building construction and/or demolition.
(13) As used herein, “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.
(14) As used herein, “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.
(b) No person shall place, throw, deposit, permit to be deposited or sweep into or upon any property which he owns, occupies or otherwise has charge of, or into or upon any street, sidewalk, alley, park, public ground or public building, or into or upon any property of another any litter, junk, garbage, refuse, offal, animal carcass or any similar matter of an unsightly or unsanitary nature, except as is otherwise provided or permitted by law.
(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 passerby.
(d) Garbage/Rubbish Containers.
(1) It shall be the duty of each householder in or upon any premises in residential areas of the Village, having three (3) or less multi-dwelling units, where garbage and rubbish are accumulated or allowed to be accumulated, to procure and keep available for the exclusive use on such premises or any part thereof occupied by the householder a metal or plastic garbage container/receptacle of not more than ninety-five (95) gallons capacity. All garbage accumulated upon a householder’s premises must be placed in such containers.
(2) No person shall remove any garbage from any premises occupied by a householder or commercial establishment except the collector.
(3) Dumpsters shall be allowed in residential areas of the Village only during a period of building, construction or demolition.
(e) Penalty.
(1) Whoever violates any provision of this section is guilty of a minor misdemeanor upon the first offense and is guilty of a misdemeanor of the fourth degree upon any subsequent violations of this section. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(2) The sentencing Court may, in addition to or in lieu of the penalty provided in this subsection, require a person who violates subsections (b) to (d) hereof to remove litter from any public or private property, or in or on any waters and remove any dumpster.
(Ord. 2-2021. Passed 4-5-21.)