§ 74-170. Littering.

(a)

For purposes of this section, "litter" shall mean any discarded, used, or unconsumed substance or waste. "Litter" may include, but is not limited to, any garbage, trash, refuse, debris, rubbish, grass clippings, or other lawn or garden waste, newspapers, magazines, glass, metal, plastic or paper containers or other packaging construction material, abandoned vehicle, motor vehicle parts, furniture, oil, carcass of any dead animal, any nauseous or offensive matter of any kind, any object likely to injure any person or create a traffic hazard, or anything else of an unsightly or unsanitary nature that has been discarded, abandoned or otherwise disposed of improperly.

(b)

No person shall dump, deposit, drop, throw, discard, leave, cause or permit the dumping, depositing, dropping, throwing, discarding or leaving of litter on any public or private property in this city or on or into any river, pond, or other stream or body of water in this city unless:

(1)

The property has been designated by the state or any of its agencies, political subdivisions, units of local government, or school districts for the disposal of litter and the litter is disposed of on that property in accordance with the applicable rules and regulations of the pollution control board;

(2)

The litter is placed into a receptacle or other container intended by the owner or tenant in lawful possession of that property for the deposit of litter;

(3)

The person is the owner or tenant in lawful possession of the property or has first obtained the consent of the owner or tenant in lawful possession, or unless the act is done under the personal direction of the owner or tenant and does not create a public health or safety hazard, a public nuisance or fire hazard;

(4)

The person is acting under the direction of proper public officials during special cleanup days; or

(5)

The person is lawfully acting or reacting to an emergency situation where health and safety is threatened, and removes and properly disposes of such litter when the emergency situation no longer exists.

(Code 1982, § 130.19)