An Ordinance Prohibiting the Throwing or Depositing of Litter/Trash in Public and Private Places in the Village of Killbuck, Ohio; Prohibiting the Damage of Litter Receptacles; and Prescribing Penalties for the Violation of its Provisions.

WHEREAS, the Village Council for the Village of Killbuck, Ohio has determined that there is a

problem with excessive litter within the village, and

WHEREAS, said Council recognizes the need for codified Ordinance to deal with said problem;

and

WHEREAS, council has determined that a need exists for amendment to Ordinance number

2008-06; now therefore

BE IT ORDAINED by the Council of the Village of Killbuck, State of Ohio:

SECTION 1.

Section 552 - LITTER IN PUBLIC PLACES

No person shall throw or deposit liter in or upon any street, sidewalk or other public place within

the Village except in public receptacles, in authorized private receptacles for collection, or in

official city dumps.

Section 553 – LITTER IN OCCUPIED OR UNOCCUPIED PRIVATE PROPERTY

No person shall throw or deposit litter on any occupied or unoccupied private property within the

Village, 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, animals, etc. upon any

street, sidewalk or other public places or upon any private property. No person shall place any

private receptacle at the curb more than 24 hours in advance of any scheduled collection.

Section 554 – 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; provided, however, that this section shall not prohibit the storage of litter in

authorized private receptacles for regular collection as stated herein. For properties occupied by

persons other than the owner of said property, the owner shall bear final responsibility under the

provisions of this ordinance.

Section 555 – DAMAGING RECEPTACLES

No person shall knowingly damage or cause to be damaged any public or private receptacle for

the containment of litter within the Village. In addition to all other penalties provided by law for

the violation of this section, any person convicted of violating this section shall be ordered to

make full restitution for the damage to the receptacle to the owner thereof.

Section 556 – DEFINITION

For the purposes of this chapter litter shall mean all solid wastes including but not limited to

GARBAGE, RUBBISH, ASHES, STREET CLEANINGS, DEAD ANIMALS, ABANDONED

AUTOMOBILES, AUTOMOBILE PARTS, TIRES, BIKES, APPLIANCES, and solid market

and industrial wastes, PAPER, PLASTICS, WRAPPINGS, CARDBOARD, TIN CANS,

WOOD, CONCRETE, TREE LIMBS, GRASS, LEAVES, GLASS, BEDDING, CROCKERY

and similar materials.

Section 557 - PENALTIES

Any persons, owner or person in control of any private property violating sections 552, 553, 554

and 555 shall be deemed guilty of a minor misdemeanor upon a first offense and upon conviction

thereof shall be subject to a mandatory nonsuspendable fine of One Hundred and No/100 Dollars

($150.00); on a second offense and all subsequent offenses within one (1) year after the first

offense such person is guilty of a misdemeanor of the fourth degree and shall be subject to

imprisonment for a term not to exceed thirty (30) days and/or a mandatory nonsuspendable fine

of Two Hundred Fifty and No/100 Dollars ($250.00).

Section 2

This Ordinance shall take effect and be in force from and after the earliest period allowed by law.

Ordinance number 2008-06 is hereby repealed.

Passed at regular meeting of the Village Council, duly convened with a quorum present, this

_____ day of _________________, 2011.

President of Council

ATTEST:

___________________________

Village Fiscal Officer

APPROVED:

___________________________

Village Mayor