§ 2329.01. Littering—Unauthorized use of litter receptacle.

(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 city, 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 division (B) of this section, 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 Chapter 3734 or 6111 of the Revised Code.

(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 reasonably may be expected to be generated during routine commuting or business or recreational travel by a motor vehicle;

(d)

Beverage containers, food sakes, 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) of this section, "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) of this section, "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, cigarette butts, cigar butts, cans, bottles, wire, paper, cartons boxes, automobile parts, furniture, glass, human excreta, or anything else of an unsightly or unsanitary nature.

(2)

"Deposit" means to throw, drop, discard, excrete, 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)

Whoever violates this section is guilty of littering, a misdemeanor of the third degree. In addition to or in lieu of the penalty provided in this section, the sentencing court may require a person convicted of this offense to remove litter from any public or private property or waters.

(ORC 3767.99(C); Ord. 2535-94; Ord. 1686-03 § 4.)