§ 82-32. Violations, enforcement and penalties.

(a)

Violations. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this article. Any person who has violated or continues to violate the provisions of this article, may be subject to the enforcement actions outlined in this section or may be restrained by injunction or otherwise sentenced in a manner provided by law.

(b)

Evidence.

(1)

Whenever any litter or egregious litter is thrown, deposited, dropped or dumped from any motor vehicle, boat, airplane, or other conveyance in violation of this article, the trier of fact may in its discretion and in consideration of the totality of the circumstances infer that the operator of the conveyance has violated this article.

(2)

Except as provided in subsection (b)(1) of this section, whenever any litter or egregious litter is dumped, deposited, thrown or left on public or private property in violation of this article is discovered to contain any article or articles, including, but not limited to, letters, bills, publications or other writing which display the name of the person thereon in such a manner as to indicate that the article belongs or belonged to such person, the trier of fact may in its discretion and in consideration of the totality of the circumstances infer that such person has violated this article.

(3)

Whenever a litter receptacle located on the public right-of-way adjacent to the property of a commercial property owner in an overlay district is overflowing with litter, odorous and/or visually unsightly, it shall be prima facie evidence that the commercial property owner has violated this article. The term "visually unsightly" shall mean physically unattractive and/or dirty.

(c)

Penalties. Any person who violates this article shall be punished as follows:

(1)

Any person who intentionally violates this article shall be guilty of a misdemeanor;

(2)

Any person who intentionally dumps egregious litter in violation of this article in an amount not exceeding 500 pounds in weight or 100 cubic feet in volume which is not biomedical waste, hazardous waste, or a hazardous substance and not for commercial purposes shall be guilty of a misdemeanor of a high and aggravated nature. For purposes of this subsection, each day a continuing violation occurs shall constitute a separate violation;

(3)

In addition to the punishment provided under subsection (c)(1) or (2) of this section, the violator shall reimburse the county for the reasonable cost of emptying the litter receptacle or removing litter or egregious litter when it is removed by the county;

(4)

In the sound discretion of the court, the person may be directed to pick up and remove or render harmless any and all litter or egregious litter from any property open to the public, any right-of-way, or with prior permission of the legal owner or tenant in lawful possession of such property, any private property upon which it can be established by competent evidence that he has deposited litter or egregious litter. Pick up and removal shall include any and all litter or egregious litter deposited thereon by anyone prior to the date of execution of sentence;

(5)

The court may cause to be published the name of each person convicted of violating this article. Such notice of conviction shall be published in the legal organ of the county in which such person resides or, in the case of a nonresident, in the legal organ of the county in which the person was convicted; and

(6)

If a notice of conviction is published pursuant to this subsection, the convicted person shall be assessed the cost of publication of such notice, and such assessment shall be imposed at the time of conviction in addition to any other fine imposed pursuant to this article.

(d)

Enforcement. Any law enforcement officer authorized to enforce county ordinances within the county is hereby authorized, empowered and directed to enforce compliance with this article.

(Code 1994, § 90-35; Ord. of 4-13-2004; Ord. of 12-11-2007(2))