(a) It is hereby determined that litter deposited on land is a public nuisance and that failure of any property owner to remove litter within fifteen (15) days after notice to do so by the City Manager or Litter Control Officer of the City shall constitute the commission of a nuisance for which the owner of such property shall be liable.
(Ord. 2021-90. Passed 11-30-21.)
(b) 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 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 (c) hereof, the person deposits the litter in a litter receptacle in a manner that prevents its being carried away by the elements; or
(3) The person is issued a permit or license covering the litter pursuant to Ohio R.C. Chapter 3734 or 6111.
(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 him 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 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 may reasonably 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 may reasonably be expected to be generated during a routine day by a person and deposited in a litter receptacle by a casual passerby.
(d) (1) As used in subsection (c)(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 (c)(4) hereof, “casual passerby” means a person who does not have depositing litter in a litter receptacle as his primary reason for traveling to or by the property on which the litter receptacle is located.
(e) As used in this section:
(1) “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.
(2) “Deposit” means to throw, drop, discard or place.
(3) “Litter receptacle” means a dumpster, trash can, trash bin, garbage can or similar container in which litter is deposited for removal.
(ORC 3767.32)
(f) 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.
(g) Whoever violates any provision of subsections (a) to (f) hereof, 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 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.
(ORC 3767.99(C)). Each day of noncompliance after the five days notice is deemed to be a separate violation.
(h) In addition to the provisions of subsections (a), (b), (c), (d), (e) and (f) hereof, any person within the City who receives a notice from the City Manager that litter is deposited on lands owned or controlled by him; the litter shall be collected and removed from the property within five days after service of the notice. If such owner or other person having charge of such lands is a nonresident whose address is known, such notice shall be sent to the address by certified mail; if the address of such owner is unknown, it shall be sufficient to publish the notice in a newspaper of general circulation in the City.
(i) Any Litter Control Officer, police officer, Clerk or Deputy Clerk of Council or the City Manager may make service or return of the notice provided for in this section. If the owner, lessee, agent or tenant having charge of the lands fails to comply with the notice, then the City Manager shall cause the litter to be collected and removed from the property and the expenses so incurred shall be deemed to be approved by Council.
(j) Upon the removal of litter and receipt of all charges included herein, including fees of officers making service upon the person having charge of such lands, then a return letter shall be made to the County Auditor by the Clerk of Council with the proper description of the premises with a request that such amount be entered upon the tax duplicate and made a lien upon such lands from and after the date of the entry and be collected as other taxes and be returned to the Municipality according to law.
(k) The remedy contained herein for the litter to be removed and for the declaring of failure to do so a public nuisance shall be construed and reprinted as such supplemental remedies and not complete remedies. (Ord. 2003-108. Passed 11-18-03.)