(a) No person, regardless of intent, shall deposit litter or cause litter to be deposited on any public property, on private property, 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 its being carried away by the elements;
(3) The person is issued a permit or license covering the litter pursuant to Ohio R. C. Chapter 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, 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 the person 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 reasonably may 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 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 the person's 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, trash, waste, rubbish, junk, 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)
(e) 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.
(f) The owner, occupant or person having the charge or management of any lot or parcel of land situated within the Village, whether the land is improved or unimproved, vacant or occupied, shall remove any and all Litter in violation of this Section within five (5) days of written Notice by the Village. Notice under this section shall be served in person on the owner, occupant or person having charge of management of the lot or parcel, or service may be made and is also sufficient when posted on the door of the last known place of residence of such property owner. A photograph (electronic or otherwise) demonstrating the posting shall be acceptable evidence that Notice has been served under this section.
(g) Whoever violates any of the provision of this section is guilty of an unclassified misdemeanor offense. The first such offense shall be punished by a fine of up to a maximum of one hundred fifty dollars ($150.00). A second offense within one calendar year of the initial offense shall be punished by a file of up to a maximum of two hundred fifty dollars ($250.00). Any third or subsequent offense within one calendar year shall be punished by a fine of up to five hundred dollars ($500.00). Each day such violation exists beyond the period stipulated in the Notice, shall constitute a violation.
(Ord. 2020-21. Passed 10-27-20.)