A. Any person who deliberately places, throws, drops, deposits or discards any garbage, trash, waste, rubbish, refuse, debris or other deleterious substance on any public property or on any private property of another without consent shall be guilty of a misdemeanor.
B. Any person convicted of violating the provisions of subsection A of this section shall be punished by a fine not to exceed fifty dollars ($50.00).
C. In addition to the penalty prescribed by subsection B of this section, the court may direct the person to make restitution to the property owner affected; to remove and properly dispose of the garbage, trash, waste, rubbish, refuse, debris and other nonhazardous deleterious substances from public property; or any combination of the foregoing which the court, in its discretion, deems appropriate. The dates, times and locations of such activities shall be scheduled by the city judge pursuant to the order of the court in such a manner as not to interfere with the employment or family responsibilities of the person.
D. Any full-time peace officer in this state, including, but not limited to, the state highway patrol, county sheriffs and deputies, municipal law enforcement department, and any other employee of this state having peace officer authority upon investigation of the disposal of any substance in violation of this section which contains three (3) or more items bearing a common address in a form which tends to identify the latest owner of the items shall create a rebuttable presumption that all competent persons residing at such address committed the unlawful act. (Ord. 92-3-1, 3-2-1992)