(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 the person, or in or on waters of the state, or village, 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) below, the person deposits the litter in a litter receptacle in a manner that prevents its being carried away by the elements; and
(3) The person is issued a permit or license covering the litter pursuant to R. C. Chapters 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 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; and
(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; and
(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) All yards, courts, or lots shall be kept free of unsightly materials not appropriate to the area and debris which may cause a fire hazard or may act as a breeding place for vermin or insects. All premises shall be reasonably free from paper and other trash and debris.
(D) Trash receptacles must be placed at road or curbside no more than 24 hours before trash collection and removed from roadside no later than 24 hours after collection.
(E) (1) As used in division (B)(1) above, 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) above, 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.
(F) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
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.
DEPOSIT. To throw, drop, discard or place.
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.
LITTER RECEPTACLE. A dumpster, trash can, trash bin, garbage can or similar container in which litter is deposited for removal.
(R.C. § 3767.32)
(G) No person shall cause or allow litter to be collected or remain in any place to the damage or prejudice of others or of the public, or unlawfully obstruct, impede, divert, corrupt or render unwholesome or impure, any natural watercourse.
(H) Whoever violates any provision of divisions (A) through (D) above, is 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 divisions (A) through (D) hereof to remove litter from any public or private property, or in or on any waters.
(R.C. § 3767.99(c))
(I) Whoever violates division (E) above is guilty of a minor misdemeanor.