(A) No person shall dump, throw, drop, deposit, discard, or otherwise dispose of litter or other solid waste upon any public or private property in the town or in the waters of the town whether from a vehicle or otherwise including, but not limited to, any highway, park, beach, campground, forest land, recreational area, trailer park, highway, road, street, or alley except:
(1) When such property is designated by the town or the state for the disposal of litter and other solid waste and such person is authorized to use such property for that purpose; or
(2) Into a litter receptacle in such a manner that the litter will be prevented from being carried away or deposited by the elements upon any part of such private or public property or waters.
(B) The provisions of this chapter shall not prohibit a private property owner from depositing litter on such private property as an enhancement if the depositing does not violate applicable local or state health and safety regulations.
(C) The responsibility for the removal of litter from property or receptacles shall be upon the person responsible for littering the property or receptacles. However, if the person responsible for littering the property or receptacles is unknown or if there is no charge or conviction of a person for the violation in question, then the owner of the property shall be responsible for the removal of litter from such property or receptacles in accordance with § 92.06(E); and in such cases, the court may consider the financial or physical ability of the property owner to remove said litter, but the burden is on the property owner to prove same. See S.C. Code § 16-11-700 (1976).
(D) Where litter has traveled through forces of elements onto property of another, the owner of the property of origin of the litter is responsible for the removal of litter from the property wherever the forces of elements carry or spread the litter.
(E) In the event it cannot be determined which occupant of any vehicle, boat, or other conveyance committed any acts in violation of this chapter, it shall be inferred that the driver or operator of the vehicle, boat, or conveyance shall have violated this chapter.
(F) It shall be unlawful for any person, firm, corporation, institution, or organization to transport any loose materials by truck or other motor vehicles within the unincorporated limits of the town unless said material is covered and secured in such a manner as to prevent litter on public and private property. Lack of adequate covering and securing of material while the loaded truck or other motor vehicle is in motion shall constitute a violation of this section.
(Ord. 2012-12, passed 10-18-2012) Penalty, see § 92.99