§ 50.99  PENALTY.
   (A)   In addition to and separate and apart from the specific remedies set forth in this chapter, any person who violates any provision of this chapter shall be guilty of a misdemeanor and shall be punished as provided in G.S. 14-4.
   (B)   If any person shall violate the rules and regulations adopted by the County Commissioners or the North Carolina Department of Environment, Health and Natural Resources, or their successor organization, they shall be guilty of a misdemeanor, as provided by G.S. 14-4, and Article 1, Chapter 130A, Section 25. Each day such violations continue to exist shall constitute a separate and distinct offense.
   (C)   If any object of solid waste is discovered on any lands or waters of the county, other than specifically designated for that use, bearing a person's name, address or means of identification of a person or persons, it shall be prima facie evidence of ownership, and after an attempt has been made to contact the person or persons so identified and advise said individuals to clean up the objects of solid waste by taking them to an approved disposal site in the county, with such individual or individuals being advised to return to the citing officer within ten days with a receipt from such approved disposal site indicating the deposit of said objects in same, then upon failure of any such person to comply with the specific directions of the officer, such failure to comply shall constitute a violation of this division (C). A person violating this section shall be guilty of a class 3 misdemeanor and, in addition to the punishment provisions of G.S. Chapter 15A, Article 81B, Part 3, shall pay a fine as outlined in division (B) above of this section.
   (D)   The county may exercise any of the following remedies as authorized by North Carolina General Statutes, including but not limited to seeking restitution for damages incurred by cost of clean up resulting from violations of this chapter, with the minimum charge being $25.00.  The minimum civil penalties for violations of this chapter shall be as follows:
      (1)   Scavenging or the unauthorized sal- vaging of discarded items:
 
         (a)   First offense
$ 25
         (b)   Second offense
$ 50
         (c)   Subsequent offenses
$100
 
      (2)   Illegal dumping including dumping prohibited materials or quantities of materials at County Solid Waste Facilities, or in unapproved areas:
 
         (a)   First offense
$200
         (b)   Second offense
$300
         (c)   Subsequent offenses
$500
 
      (3)   Dumping in waterways including streams, creeks, rivers, lakes or ponds:
 
         (a)   First offense
$200
         (b)   Second offense
$300
         (c)   Subsequent offenses
$500
 
      (4)   Illegal burning of refuse, garbage, rubbish, tires, shingles, asphalt, petroleum products or other materials that emit noxious fumes for the purpose of disposal:
 
         (a)   First offense
$200
         (b)   Second offense
$300
         (c)   Subsequent offenses
$500
 
      (5)   Improper transportation by individuals en route to disposal or collection facilities, or use of improper vehicles or license by contract haulers or landlords carrying solid waste:
 
         (a)   First offense
$100
         (b)   Second offense
$200
         (c)   Subsequent offenses
$400
 
      (6)   Littering solid waste facilities including failure to place all solid waste spilled in transferring it from the transport vehicle to the container, or leaving solid waste at a closed facility:
 
         (a)   First offense
$100
         (b)   Second offense
$200
         (c)   Subsequent offenses
$400
 
      (7)   Disposing of recyclable materials co-mingled with garbage with contents that amount to 25% or more by weight or volume will be charged according to the following schedule:
 
         (a)   First offense
Written warning
         (b)   Second offense
Tipping fee of twice the current rate
         (c)   Subsequent offenses
Three times the current tipping fee
 
      (8)   Concealment purposefully with the intent of disposing of illegal materials in solid waste facilities.
 
         (a)   First offense
$200
         (b)   Second offense
$300
         (c)   Subsequent offenses
$500
 
      (9)   The County Manager or Environmental Services Director has the authority to rescind a license and to remove any containers from within the county.
(Ord. passed 8-7-95; Am. Ord. passed 12-20-95; Am. Ord. passed 7-1-06; Am. Ord. passed 12-15-14)