A. It shall be unlawful for any person to:
1. Fail to arrange for the lawful disposal at a waste facility of solid waste generated on property which that person owns, occupies or manages;
2. Cause or permit the deposit of solid waste on the right-of-way of any public highway, street, easement or thoroughfare, or upon any camping place or public grounds, or on any premises, or in any container without the permission of the owner thereof, or into any stream or dry watercourse, within the city; or
3. Cause, maintain or permit the accumulation of solid waste which creates an unsanitary condition or permits or encourages the accumulation or breeding of vectors.
B. Any person violating this chapter is guilty of an infraction punishable by a fine not exceeding one thousand dollars ($1,000).
C. Any condition that is a direct result of any of the acts/omissions set forth in subsection A. of this section constitutes a public nuisance subject to the nuisance abatement procedures set forth in Chapter 8.06 of this code, as well as any other remedy provided by law.
D. In a criminal proceeding alleging a violation of subsection A. of this section, upon a prima facie showing by the prosecution that a person's items, solid waste or property have been found in any location where it is unlawful to dispose of solid waste, under circumstances which would lead a reasonable trier of fact to conclude that the items had previously been discarded in that location, shall constitute a permissible inference that the person is guilty of a violation of subsection A. of this section. The mental state required for conviction of a violation of subsection A. of this section is strict liability, without regard to any element of mens rea, fault, negligence or other wrongdoing.
E. In the event of a conviction of a violation of subsection A. of this section and under appropriate circumstances, the court shall order the defendant to pay restitution to any public entity and/or private party which and/or whom has incurred out-of-pocket expenses as a result of cleaning up an unlawful dump site, as a rehabilitative measure, in addition to any penalty imposed.
(Ord. 791-2010 (part), 2010)