Middletown, OH Trash & Recycling: Illegal Dumping (2026)

Section 660.035 defines DUMPING to mean discarding, dropping, placing, throwing, depositing or disposing of garbage, trash, dead animals, junk, tires, automobile parts, unusable building materials or similar substances in an amount exceeding what a standard 30-gallon trash bag weighing more than five pounds could hold, that serves no functional purpose where found or that may become noxious, offensive, injurious or dangerous to public health, comfort or safety (§ 660.035(a)(1)). The core prohibition bars any person, without lawful authority, from dumping or causing to be dumped waste or refuse on public property or on the premises of another (§ 660.035(b)).

The section creates a rebuttable presumption of responsibility when a writing or document identifying a person is found in or near the dumped waste (§ 660.035(c)). Land operating under a municipal building, construction, zoning, or state-issued junk yard, scrap metal, hazardous waste, or water pollution permit is exempt (§ 660.035(d)). A first offense of the dumping prohibition is a misdemeanor of the third degree; a second offense is a misdemeanor of the first degree (§ 660.035(e)(1)). Cleanup and removal costs incurred by the City fall on the violator, recoverable as court-ordered restitution or through a civil action (§ 660.035(e)(2)). The section was enacted by Ord. O2004-25, passed March 16, 2004.