(A) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
EXISTING LITTER CONTROL LAWS, SOLID WASTE DISPOSAL LAWS, or OTHER STATE REGULATIONS. The provisions provided by the state for disposal of solid waste and other refuse as contained in State Code Annotated, Volume 6, Title 8 of the laws of the state, being A.C.A. §§ 8-6-201 et seq.
NONRESIDENT. A person who lives outside of the County of Columbia, whether in surrounding cities or counties within the State of Arkansas or within a surrounding state.
RESIDENT. A person who lives within the County of Columbia, State of Arkansas.
(B) The county hereby exercises its police power in order to protect the rights and privileges of the citizens of the county and to prevent the use of county services by nonresidents, which use would cause an increase in costs and expenses to the county by providing that after this date it is unlawful for nonresidents to deposit, throw away or make any use of the trash dumpsters or receptacles within the county for the disposal of solid waste, trash or other objects.
(C) The use by nonresidents of trash receptacles or dumpsters provided for county residents shall hereinafter be classified as a Class B Misdemeanor punishable by a fine of not to exceed $500, or imprisonment in the County Jail for not to exceed ninety days; or both fine and imprisonment. Upon a conviction of this section for a second time within a period of one year, the Court shall consider the second offense to be a Class A Misdemeanor, which may be punishable by a fine not to exceed $1,000, imprisonment for not to exceed one year in the County Jail, or both fine and imprisonment.
(D) In addition to the assessment of a fine or imprisonment, the Court is further authorized to order the defendant to spend up to 40 hours picking up trash along the highways of the County under the supervision of the County Sheriff or any other person as he or she may designate. The failure of the defendant to follow the orders of the Court with regard to the picking up of the trash shall be punishable by contempt.
(E) There is hereby created a rebuttable presumption that shall arise in any criminal action under this section to the effect that, if it can be proved that two or more items of solid waste bear the name or names of one or more persons who are nonresidents of the county, and that the names are in such a form as to indicate that the person or persons are or were the owners of those items and those items are unlawfully disposed of as defined herein, then the person or persons are presumed to have committed the unlawful act of disposal by a nonresident in county trash receptacles.
(Ord. 91-1, passed 2-22-1991)