(a) Definitions
(1) As used in this section "Owner" shall be defined the same as in Section 1726.01(b) of the Toledo Municipal Code.
(2) As used in this section "Premises" shall be defined as set forth in Section 1726.01(c) of the Toledo Municipal Code.
(3) As used in this section "Person" shall be defined to include any natural person and/or any corporation, partnership, business entity or any director, officer, agent or employee thereof.
(b) No person or persons shall knowingly dump or cause to be dumped any garbage, refuse, rubbish or waste in an amount in excess of what could be contained within one standard thirty-gallon trash bag or weighing in excess of five pounds upon any public or private property or public or private waters. Amounts discarded on any public or private property or waters of less than one standard thirty-gallon trash bag or weighing less than five pounds is a violation of Section 963.10.
(c) No person or persons shall recklessly dump or cause to be dumped any garbage, refuse, rubbish or waste in an amount in excess of what could be contained within one standard thirty-gallon trash bag or weighing in excess of five pounds upon any public or private property or public or private waters. Amounts discarded on any public or private property or waters of less than one standard thirty-gallon trash bag or weighing less than five pounds is a violation of Section 963.10.
(d) No person shall recklessly dump or allow to be dumped any waste on any public or private property or public or private waters unless proper authorization for such dumping has been granted by the appropriate agency or agencies having jurisdiction over the proposed dump site including but not limited to one or more of the following agencies: United States Army Corps of Engineers; United States Environmental Protection Agency; Ohio Environmental Protection Agency; and the Toledo-Lucas County Department of Health.
(e) No owner of a premises shall, without privilege to do so, knowingly permit any garbage, refuse, rubbish or waste in an amount in excess of what could be contained within one standard thirty-gallon trash bag or weighing more than five pounds to remain on his premises. Amounts of garbage, refuse, rubbish or waste permitted to remain on a premises of less than one standard thirty-gallon trash bag or weighing less than five pounds is a violation of Section 963.10.
(f) No owner of a premises shall, without privilege to do so, recklessly permit any garbage, refuse, rubbish or waste in an amount in excess of what could be contained within one standard thirty-gallon trash bag or weighing more than five pounds to remain on his premises. Amounts of garbage, refuse, rubbish or waste permitted to remain on a premises of less than one standard thirty-gallon trash bag or weighing less than five pounds is a violation of Section 963.10.
(g) For purpose of this section, it is presumed that a person recklessly dumped or caused to be dumped waste in violation of this section if any writing or document is found in or near such waste indicating the name, address or other identifying information of such person or entity.
(h) For purposes of this section it is presumed that an owner recklessly permitted garbage, refuse, rubbish or waste to remain on his property if a notice of the violation prepared by the Department of Inspection was sent by regular mail or certified mail to the owner of the premises or posted on the premises and the owner failed to remove the garbage, refuse, rubbish or waste within the time ordered to do so in said notice.
(Ord. 164-13. Passed 4-16-13.)
(i) Probable cause for a violation of subsection (a), (b) or (c) hereof shall be established when any of the following are observed:
(1) Eye witness identification of the driver of a vehicle used to commit the violation;
(2) A vehicle license plate registered to a person, firm or corporation when such vehicle is used to commit the violation; and
(3) A name of a person, firm or corporation which appears on the vehicle which is used to commit the violation.
(Ord. 447-02. Passed 6-18-02.)