(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PRIVATE PROPERTY. Any real property, which in not owned by or under the control of a person who may be accused of committing the acts described in § 91.15 of this chapter.
PUBLIC PLACE. Any street, road, sidewalk, alley, easement, park, ditch, drain or area of land or property open to the general public use.
(B) Littering prohibited. It is an offense for any person to willfully throw or leave or deposit any garbage, grass or weed cuttings, refuse, litter or other items and matters, commonly referred to as trash, upon or into any public street, road, parking arc, drainage ditch or other public place, not designated as a public dumping ground established and under the control of the city.
(C) Depositing litter on private property. It is unlawful and an offense for any person to willfully throw, leave or deposit any garbage, grass cuttings, refuse, litter or any other items and matters, commonly referred to as trash, upon or into any private property, ditch, drain or driveway, which in not owned by or under the control of the person committing such act. A conviction for violation of the provisions of this section shall not preclude the prosecution of the charge of trespass, should the facts involved include a violation of the crime of trespass as provided by the ordinances of the city.
(D) Litter in public places. It is unlawful for any person to throw or deposit litter in or upon any street, sidewalk or other public place within the city, except in public receptacles, in authorized private receptacles for collector, or in official city dumps.
(E) Littering placement in receptacles so as to prevent scattering. Persons placing litter in public receptacles shall do so in such manner as to prevent it from carried or deposited by the elements upon any street, sidewalk or other public place or upon private property. It is unlawful for any person to place litter in public receptacles or in private receptacles in the way and manner as provided in this section.
(F) Sweeping litter into gutters or public drainage ditches prohibited. No person shall sweep into or deposit in any gutter, street, public drainage ditch or other public place within the city litter from any building, yard or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalks abutting their premises free of litter or obstructions.
(G) Vehicle loads causing litter. No person shall drive or move any truck, cart or other vehicle, within the city unless such vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown, scattered or deposited upon any street, alley or other public place.
(H) Throwing or distributing litter on private property. No person shall throw or deposit litter on any occupied private property; except that, the person in control of private property may keep private receptacles for collection of litter to be prevented from being deposited upon streets, sidewalks and other public places.
(I) Litter on vacant property prohibited. It is unlawful for any person to throw or deposit litter on any open or vacant property within the city, whether owned by such person or not.
(Ord. 2002-1, passed 2-11-2002) Penalty, see § 91.99