(A) (1) The operator of a vehicle shall be liable pursuant to this section for any act of throwing, dropping, depositing or otherwise placing any litter from his or her vehicle upon highways, roads or public property unless any other person in the vehicle admits to or is identified as having committed the act. Any person who admits to or is identified as having committed the act shall be liable for the act.
(2) Any person convicted of violating the provisions of division (A)(1) above shall be punished by a fine of not more than $100. In lieu of the fine, the Court may direct the person to pick up and remove litter upon the highways, roads or public property. The dates, time and location of the activity shall be scheduled by the Court in a manner as not to interfere with the employment or family responsibilities of the person.
(3) As used in this section, “litter” means any flaming or glowing substances, except those which by law may be placed upon highway rights-of-way, any substance which may cause a fire, any bottles, cans, trash, garbage or debris of any kind. As used in this section, “litter” shall not include trash, garbage or debris placed beside a public road for collection by a garbage or collection by a garbage or collection agency, or deposited upon or within public property designated by the state or by any of its agencies or political subdivisions as an appropriate place for the deposits if the person making the deposit is authorized to use the property for the purpose.
(`90 Code, § 14-56.1) (Ord. 2880, passed 6-6-89)
(B) (1) Any person who deliberately places, throws, drops, deposits or discards any garbage, trash, waste, rubbish, refuse, debris or other deleterious substance an any public property or on any private property of another without consent shall be guilty of a misdemeanor offense.
(2) Any person convicted of violating the provisions of division (B)(1) above shall be punished by a fine of not more than $100, plus court costs, and each day that an act or a violation occurs or continues, shall constitute a violation of this section, and be construed as a separate offense.
(3) In addition to the penalty prescribed by division (B)(2) above, the Court may direct the person to make restitution to the property owner affected; to remove and properly dispose of garbage, trash, waste, rubbish, 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 the activities shall be scheduled by the Chief of Police pursuant to the order of the Court in a manner as not to interfere with the employment or family responsibilities of the person.
(4) Any full time peace officer in municipal law enforcement and any other employee of the city having peace officer authority or code enforcement authority upon investigation of the disposal of any substance in violation of this section which contains three 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 the address committed the unlawful act.
(`90 Code, § 14-57) (Ord. 2971, passed 4-6-93)