(a) No person, regardless of intent, shall deposit litter, or cause or allow litter to be deposited, collected or remain 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 (b) hereof, the person deposits the litter in a litter receptacle in a manner that prevents it being carried away by the elements.
(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 him, unless one of the following applies:
(1) The litter was generated or located on the property on which the litter receptacle was 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 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 any 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, 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 his primary reason for traveling to or by the property on which the litter receptacle is located.
(d) As used in this section:
(1) "Litter" means garbage, junk, trash, waste, rubbish, ashes, cans, bottles, wire, paper, cartons, boxes, glass or anything else of an unsightly or unsanitary nature, or any substance which is or may become noxious, offensive, injuries or dangerous to the public health, comfort or safety.
(2) "Junk" means any parts of automobiles, wagons, furniture, oil or other items of tangible personal property of an unsightly or unsanitary nature.
(3) "Deposit" means to throw, drop, discard or place.
(4) "Litter receptacle" means a dumpster, trash can, trash bin garbage can or similar container in which litter is deposited for removal. R.C. 3767.32.
(e) No person shall cause or allow trash, garbage, waste, rubbish, refuse or any other noxious or offensive materials or substances to be collected remain in any place to the damage or prejudice of others or of the public, unlawfully obstruct, impede, divert, corrupt or render unwholesome or impure, any natural watercourse.
(f) Issuance of Notice.
(1) When the Director of Public and Safety or his designee determines that litter or junk has been placed on lands in the City which constitutes a detriment to public health, he shall cause a written notice to be served upon the owner, or upon the lessee, agent or tenant having charge of the premises, notifying such person that litter or junk is on the land and that it must be collected and removed within the time specified in the notice.
(2) If the owner or other person having charge of the land is a non-resident of the City whose address is known, the notice shall be sent to his address by certified mail. If the address of the owner or other person having charge of the land is unknown, it is sufficient to publish the notice once in a newspaper of general circulation in the county. Otherwise, service of notice may be made by personal service, residential service or mail service.
(3) This section does not apply to land being used to operate a duly licensed and zoned junk yard, scrap metal processing facility, or similar business.
(g) Compliance.
(1) No person shall fail to comply with a litter notice provided for in this section within three days of the receipt thereof.
(2) No person shall fail to comply with a junk notice provided for in this section within fifteen days of receipt thereof.
(h) Remedy.
(1) If the owner, occupant or any other person, firm or corporation, having the care of the lands mentioned in subsection (f) above, fails to comply with the notice provided for in subsection (g) hereof, the city shall cause such litter or junk to be removed. Such removal shall be at the owner's expense, and the cost, together with an administrative fee of 20%, shall be assessed against the lot or land.
(2) Notice of such assessment shall be given to the owner of the lot or land and charged therewith, or his agent, either in person or left at the usual place of residence or sent by mail, and all assessments not paid within ten days of the giving of such notice shall, after approval by council, be certified by the Clerk of Council to the County Auditor to be placed on the tax duplicate and collected as other taxes are collected.
(i) Penalty.
(1) Whoever violates any provision of subsections (a) to (d) 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 (d) hereof to remove litter from any public or private property, or in or on any waters. R.C. 3769.99(c).
(2) Whoever violates subsection (e) hereof is guilty of a minor misdemeanor.
(Ord. 83-2007. Passed 12-3-07.)