Sec. 741.107. - Violation of Zero-Tolerance for Litter Law.

(a) It shall be unlawful for a person to place, affix or otherwise dispose of litter as defined in 741.102 on public property. (b) The placement of a snipe sign on public property is transient in nature and is therefore irreparable. The adoption of the prohibition directed to snipe signs on public property shall be deemed notice of the violation. The person or business in possession or control of the snipe sign and the person or business who owns or is advertised or identified by name, address or other contact information on the sign may be cited immediately upon observation of the violation. The person or business who owns or is advertised or identified on the sign shall be presumed to have permitted the placement of the snipe sign in the absence of evidence to the contrary. The term "transient in nature" shall mean that a condition exists on a temporary, periodic, or non-permanent basis. The term "irreparable" shall mean the condition is incapable of being remedied, as the harm sought to be prevented has already occurred. (c) Violations of this Section shall be unlawful and deemed a civil infraction, and shall be subject to the civil fines set forth in this subsection. Each piece of litter or separate snipe sign that a person illegally places on or affixes to public property in violation of this Section shall be deemed a separate violation. The schedule for civil fines for uncontested citations, which may be imposed under this Part III, together with such attorneys' fees and costs as may be authorized by law, shall be as follows: Offense Fine 1st $150* 2nd 300 3rd and each thereafter 500 *Notwithstanding the $150 fine noted above, any signs up to five signs posted on a single date in a 12-month period, shall incur a $50 fine per sign. Any signs in excess of five signs on that date, or additional signs, shall incur the standard per sign fine of $150.   For contested citations, there may be imposed a civil fine of up to $500 per citation, plus such attorneys' fees and costs as may be authorized by law. However, if a person affixes or otherwise places a snipe sign on a public utility pole and the bottom of which sign is at a height more than five feet above the prevailing ground level immediately adjacent to the utility pole then such act shall be punishable with an uncontested $350* civil fine per citation, plus such attorneys' fees and costs as may be authorized by law. For purposes of this Section, the term "ground level" shall mean the finished grade of a parcel of land exclusive of any filling, berming or mounding. (Ord. 2010-253-E, § 13; Ord. No. 2014-553-E , § 2)