(A) (1) No person, regardless of intent, shall deposit litter or cause litter to be deposited on any public property, on private property, or in or on waters of the city 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 R.C. Chapter 3734 or 6111.
(2) 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.
(a) The litter was generated or located on the property on which the litter receptacle is located.
(b) The person is directed to do so by a public official as part of a litter collection drive.
(c) 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.
(d) The litter consists of any of the following.
1. The contents of a litter bag or container of a type and size customarily carried and used in a motor vehicle.
2. The contents of an ash tray of a type customarily installed or carried and used in a motor vehicle.
3. 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.
4. 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.
(3) (a) As used in 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.
(b) As used in this section,
CASUAL PASSERBY means a person who does not have depositing litter in a litter receptacle as a primary reason for traveling to or by the property on which the litter receptacle is located.
(4) As used in this section:
DEPOSIT means to throw, drop, discard, or place.
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.
LITTER RECEPTACLE means a dumpster, trash can, trash bin, garbage can, or similar container in which litter is deposited for removal.
(B) (1) No operator or occupant of a motor vehicle shall, regardless of intent, throw, drop, discard, or deposit litter from any motor vehicle in operation upon any street, road, or highway, except into a litter receptacle in a manner that prevents its being carried away or deposited by the elements.
(2) No operator of a motor vehicle in operation upon any street, road, or highway shall allow litter to be thrown, dropped, discarded, or deposited from the motor vehicle, except into a litter receptacle in a manner that prevents its being carried away or deposited by the elements.
(3) Whoever violates divisions (B) of this section is guilty of a minor misdemeanor and shall be subject to the penalty provided in § 130.99. The sentencing court may, in addition to or in lieu of penalty provided herein, require a person who violates this section to remove litter from any public or private property or from waters of the city.
(Ord. 64-66, passed 1-16-67; Am. Ord. 14-00, passed 4-17-00) Penalty, see § 130.99