(a) No person, regardless of intent, shall deposit litter or cause litter to be deposited on any public property, on private property owned by the person, on private property not owned by the person, or in or on waters of the State, or Municipality, 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 subsection (b) hereof, 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. (Ord. 26-22. Passed 9-27-22.)
(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, firm, corporation, or association, whether the owner, lessee, agent, or tenant having charge of littered land, shall cause or allow litter to be collected, deposited, placed, or to remain on any lands in the City, or to place or deposit litter so that it obstructs, impedes, diverts, corrupts or renders unwholesome or impure, any natural watercourse.
(Ord. 3-07. Passed 2-15-07.)
(f) Litter on Private Property. No person shall throw or deposit litter on any private property within the City, whether owned by such person or not, except that the owner or person in control of private property shall at all times maintain their premises free of litter and shall maintain authorized trash receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk, or other public place or upon any private property.
(g) Whoever violates any provision of subsections (a) to (f) hereof, is guilty of a minor misdemeanor. The sentencing court shall, in addition to or in lieu of the penalty provided in this subsection require a person who violates subsections (a) to (f) hereof to remove litter from any public or private property, or in or on any waters.
(h) This section does not apply to land being used under a city building or construction permit or license, a city permit or license, or a conditional zoning permit or variance to operate a junk yard, scrap metal processing facility, or similar business, or a permit or license issued pursuant to Chapter 3734, Section 4737.05 to 4735.12, or Chapter 6111 of the Revised Code.
(Ord. 26-22. Passed 9-27-22.)