No person shall place, deposit, dump or throw, or cause to be placed, deposited, dumped or thrown, any litter, garbage, refuse, trash, can, bottle, paper, ashes, cigarette or cigar butt, carcass of any dead animal or any part thereof, offal or any other offensive or unsightly matter in or upon any public or private highway, road, street or alley, or upon the surface of any land within one hundred yards thereof without the consent of the owner, or in or upon any private property into or upon which the public is admitted by easement or license, or upon any private property without the consent of the owner, or in or upon any public park or other public property other than in such place as may be set aside for such purpose by the governing body having charge thereof.
If any such materials be thrown, cast, dumped or discharged from a motor vehicle in violation of the provisions hereof, such action shall be deemed prima facie evidence that the owner and driver of such motor vehicle intended to violate the provisions of this section.
No portion of this section shall be construed to restrict a private owner in the use of his own private property or to prohibit the disposal of materials designated in this section in any manner authorized by law. Whoever violates this section shall be subject to the penalty provided in Section 501.99; provided, that at the election of the person charged with violating any provision of this section, execution of any such sentence shall be suspended upon the condition that such person for a total of sixteen hours pick up and remove from any area of any public highway, road, street or alley, land or property, or public park or other public property, the area to be specified by the Court, any and all litter, garbage, refuse, trash, cans, bottles, papers, ashes, cigarette or cigar butts, carcass of any dead animal or any part thereof, offal or any other offensive or unsightly matter placed, deposited, dumped or thrown thereon contrary to the provisions of this section by anyone prior to the date of such conviction.
If execution of any such sentence is so suspended and the person convicted satisfies the conditions upon which execution was suspended, he shall be discharged with like effect as if the fine had been fully paid and the sentence had been fully executed, and if he does not satisfy such condition, then such sentence shall be executed.
Any law-enforcement officer who shall observe a person violating the provisions of this section shall have a mandatory duty to make an arrest or otherwise prosecute the violator to the limits provided herein.
(WVaC 20-4-11)