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 of not less than twenty five dollars ($25.00) nor more than two hundred dollars ($200.00) plus cost, or by imprisonment in the city jail for not more than thirty (30) days, or by both such fine and imprisonment.
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, refuse or debris from the property; to pick up, remove and properly dispose of 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 chief of police 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. In addition to the penalty prescribed in subsection B of this section and the restitution prescribed in subsection C of this section, the court may order the defendant to pay into the reward fund as prescribed in section 14-106.1 of this chapter an amount not to exceed two hundred dollars ($200.00).
E. Any full time peace officer in the city 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. The discovery or use of such evidence shall not be sufficient to qualify for the reward provided in section 14-106.1 of this chapter. (Prior code § 19-6; amd. Ord. 336, 1-3-1989)