521.08  LITTERING AND DEPOSIT OF GARBAGE, RUBBISH, JUNK, ETC; REWARD FEE.
   (a)   No person, regardless of intent, shall deposit litter or cause litter to be deposited 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 its being carried away by the elements; or
      (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 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 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 he 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 may reasonably 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 may reasonably 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, trash, waste, rubbish, 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)   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.
(ORC 3767.99(C))
 
   (g)   Whoever violates subsection (e) hereof is guilty of a minor misdemeanor.
   (h)   (1)   Council hereby authorizes and directs the Fiscal Officer to pay a reward of twenty-five dollars ($25.00) to persons certified as having aided in the apprehension and conviction of individuals charged with littering.
      (2)   The reward shall be paid upon the occurrance of the following conditions:
         A.   The person to whom the reward is to be paid shall have taken an active role in the apprehension, charging and conviction of a person charged with littering.  Said role shall include, but be not limited to charging an individual with littering and testifying at trial on said violation.
         B.   The Mayor's Court shall certify to the Fiscal Officer in writing that the conditions of the reward have been met and that payment to said individual is authorized.
            (Ord. 1982-40.  Passed 10-19-82.)