A. It is unlawful for any person, firm or corporation to dump, spill, throw, place or bury, or cause the same to be done, any "garbage", "refuse", "rubbish", "trash" or "waste matter", as defined in this chapter, on any public or private property, parcel of land, lot, street, highway, gutter, alley, body of water, stream, canal or ditch within the city of Ely, county of White Pine, state of Nevada, except at the "city dump" as defined by this chapter.
B. It is unlawful for any person, firm, or corporation to dump, spill, throw, place or bury, or cause the same to be done, any regular accumulation of garbage, refuse, rubbish, trash or waste matter, in any publicly or privately maintained garbage, trash or waste receptacle, where such person, firm or corporation disposes of such garbage, refuse, rubbish, trash or waste matter in public or private waste receptacles not intended for the disposal of regular or incidental accumulations of garbage, refuse, rubbish, trash or waste matter.
C. When any unlawful deposit of garbage, refuse, rubbish, trash or waste matter includes any evidence which identifies any person, firm or corporation, such identification will establish a presumption in any civil action and/or criminal prosecution under this chapter, that such person, firm or corporation is civilly and/or criminally responsible for such unlawful deposit and such person, firm or corporation shall be liable for the cost of removal and final disposition of the unlawful deposit, in addition to any other penalty authorized by this chapter or by other applicable law.
D. This chapter is not intended to prohibit any person, firm or corporation from depositing in publicly provided and maintained waste receptacles, incidental accumulations of garbage, refuse, rubbish, trash or waste matter, associated with periodic motor vehicle traffic; rather, this chapter is intended to discourage persons, firms or corporations from using waste receptacles, provided for public use, by public entities, as an alternative to the deposit of garbage, refuse, rubbish, trash or waste matter in an approved disposal site. In addition, this chapter is intended to prohibit all deposits by any person, firm or corporation, of any garbage, refuse, rubbish, trash or waste matter in any privately owned or maintained waste receptacle without express authorization by the owner of any such waste receptacle.
E. For purposes of this chapter, "incidental accumulation" of garbage, refuse, rubbish, trash or waste matter, is defined by a volume of no more than thirty (30) gallons in any thirty (30) day period of time. A "regular accumulation" is defined as any accumulation exceeding a volume of thirty (30) gallons in any thirty (30) day period of time. (Ord. 610, 1-12-2006)