(a) Definitions. As used in this section, the following definitions shall apply:
(1) "City" means the City of Willoughby, Ohio.
(2) "Litter" means any garbage, refuse, rubbish, and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger or nuisance to public health, safety, and welfare.
(3) "Park" means any park, reservation, playground, beach, recreation center, or any other public area in the City which is owned or used by the City and devoted to active or passive recreation.
(4) "Person" means any person, firm, partnership, association, corporation, company or organization of any kind.
(5) "Private property" means any dwelling, house, building, or other structure, designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and includes any yard, grounds, walk, driveway, porch, steps, vestibule, or mailbox belonging or appurtenant to such dwelling, house, building, or other structure.
(6) "Public place" means any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds, and buildings.
(b) Litter in Public Places. No person shall throw or deposit litter in or upon any street, sidewalk, or other public place within the City except in public receptacles or authorized private receptacles for collection.
(c) Placement of Litter in Receptacles. Any person placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk, or other public place or upon private property.
(d) Sweeping Litter into Gutters Prohibited. No person shall sweep into or deposit in any gutter, street, or other public place within the City the accumulation of litter from any building or lot or from any public or private sidewalk or driveway.
(e) Merchants' Duty to Keep Sidewalks Free of Litter. No person owning or occupying a place of business shall sweep into or deposit in any gutter, street, or other public place within the City the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Any person owning or occupying places of business within the City shall keep the area surrounding their business premises free of litter.
(f) Litter Thrown by Persons in Vehicles. No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the City, or upon private property.
(g) Truckloads Causing Litter. No person shall drive or move any truck 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 or deposited upon any street, alley, or other public place. Nor shall any person drive or move any vehicle or truck within the City, the wheels or tires of which carry onto or deposit in any street, alley, or other public place, mud, dirt, sticky substances, litter, or foreign matter of any kind.
(h) Litter in Parks. No person shall throw or deposit litter in any park within the City except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided herein.
(i) Litter in Public Waterway. No person shall throw or deposit litter in any river, lake, stream, bay, or any other body of water in a park or elsewhere within the City.
(Ord. 1994-240. Passed 1-24-95.)
(j) (1) Litter on Occupied Private Property. No person shall throw or deposit litter on any occupied private property within the City, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk, or other public place or upon any private property.
(2) 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:
A. The litter was generated or located on the property on which the litter receptacle is located.
B. The person is directed to do so by a public official as part of a litter collection drive.
C. The person is directed to do so by a person whom he reasonably believes to have the privilege to use the litter receptacle.
(Ord. 1995-138. Passed 8-8-95.)
(k) Owner to Maintain Premises Free of Litter. The owner or person in control of any private property shall at all times maintain the premises free of litter. This section shall not prohibit the storage of litter in authorized private receptacles for collection.
(l) Litter on Vacant Lots. No person shall throw or deposit litter on any open or vacant private property within the City whether owned by such person or not.
(m) Clearing of Litter from Open Private Property by he City.
(1) Notice to remove. The Director of Public Service is hereby authorized and empowered to notify the owner of any open or vacant private property within the City or the agent of such owner to properly dispose of litter located on such owner's property which is dangerous to public health, safety, or welfare, or otherwise constitutes a public nuisance. Such notice shall be by registered mail, addressed to such owner at his last known address.
(2) Action upon noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of litter as directed by the Director, the Director is hereby authorized and empowered to enter upon the property, cause the litter to be removed, and to pay for the disposing of such litter or to order its disposal by the City.
(3) Charge included in tax bill. When the City has effected the removal of such litter or has paid for its removal, the actual cost thereof, plus accrued interest at the rate of nine percent (9%) per annum from the date of the completion of the work, shall be charged to the owner of such property. A statement for the entire amount due shall be mailed to the owner at the tax mailing address as shown on the tax records of the Lake County Treasurer's Office. Such charge shall be due and payable within thirty days of the date of the statement.
(4) Recorded statement constitutes lien.
A. Where the full amount due the City is not paid by such owner within thirty days after the statement, as provided in subsection (m)(3) hereof, the Director shall cause to be recorded in the Lake County Recorder's Office a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which such work was done. The recordation of such sworn statement shall constitute a lien on the property, and shall remain in full force and effect for the amount due, including principal and interest, until final payment has been made.
B. The statement provided for in this section shall constitute a lien on the lot, parcel of land, or premises upon which the violation occurred and the amount due shall be certified by the Director of Finance to the Auditor of Lake County, who shall place the amount due on the tax duplicate as a tax lien or assessment against said lot or parcel of land with interest and penalties allowed by law and the same shall be collected in the same manner and at the same time as other taxes are collected.
C. Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily, and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law.
(n) Separability. If any section, subsection, sentence, clause, phrase, or portion of this section is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof.
(Ord. 1994-240. Passed 1-24-95.)
(o) Penalty.
(1) A violation of any of the provisions of this section shall be a minor misdemeanor. If the weight of litter exceeds twenty pounds, a violation of any of the provisions of this section shall be a misdemeanor of the fourth degree. Each day such violation is permitted to continue, following notice, shall constitute a separate offense. Continued and repeated violations, after notice, can be deemed a public nuisance and the City may enjoin the violation by proceeding in equity.
(2) A violation of subsections (b), (f), (h), (i), (j), or (l) hereof is a classified minor misdemeanor with a penalty of a fine not to exceed five hundred dollars ($500.00) and including all other penalties provided for a minor misdemeanor.
(Ord. 2006-125. Passed 9-5-06.)
(Ord. 2006-125. Passed 9-5-06.)