No person shall:
(a) Throw or cause to be thrown or released any dead animal, carcass or part thereof, garbage, sink or shower waste, organic substances, contents of a privy vault, septic tank, cesspool or the effluent from any cesspool, spoiled meat or nauseous or offensive or poisonous substances into any river, creek or other stream, or upon the surface of any land adjacent to any river, creek or other stream in such a location that high water or normal drainage conditions will cause such offensive materials to be washed, drained or cast into the river, creek or other stream; or
(b) Throw or cause to be thrown or released any of such offensive materials upon the surface of any road, right-of-way, street, alley, city or town lot, public
ground, market space, common or private land; or
(c) Being the owner, lessee or occupant of any City lot, public ground, market space, common or private land knowingly permit any such offensive materials to remain thereon or neglect or refuse to remove or abate the public health menace or nuisance occasioned thereby, within twenty-four hours of the service of notice thereof in writing from the Police Chief. None of the provisions contained in this section shall apply to those commercial or industrial wastes which are subject to the regulatory control of the West Virginia Department of Natural Resources or the West Virginia Air Pollution Control Commission.
Upon a conviction for any such offense, the person shall, within twenty-four hours after such conviction, remove and bury or cause to be buried at least three feet under the ground, or destroy or cause to be destroyed as otherwise directed by the Police Chief any of such offensive materials which the person so convicted has placed or knowingly permitted to remain upon such City lot, public ground, market space, common or private land, contrary to the provisions of this section. Such person's failure or refusal to do so shall constitute a second offense against the provisions of this section. The continued failure or refusal of such convicted person to remove and bury or destroy such offensive materials shall constitute a separate, distinct and additional offense for each successive twenty-four period of such failure and refusal. (WVaC 16-9-3)