(A) It is unlawful for a person to deposit, throw or leave any litter on any public or private property or on any waters.
(B) It shall be an affirmative defense that:
(1) Such property is an area designated by law for the disposal of such material and the person is authorized by the proper public authority to so use the property;
(2) The litter is placed in a receptacle or container installed on such property for that purpose; or
(3) Such person is the owner or tenant in lawful possession of such property, or he or she has first obtained written consent of the owner or tenant in lawful possession, or the act is done under the personal direction of said owner or tenant.
(C) It is in the discretion of the court, upon the conviction of any person and the imposition of a fine under this section, to suspend any or all of the fine upon the condition that the convicted person gather and remove from specified public property or specified private property, with prior permission of the owner or tenant in lawful possession thereof, any litter found thereon, or upon the condition that the convicted person pick up litter at a time prescribed by and a place within the jurisdiction of the court for not less than eight hours or for not less than 16 hours upon a second or subsequent conviction.
(D) Whenever litter is thrown, deposited, dropped or dumped from any motor vehicle in violation of this section, the operator of said motor vehicle is presumed to have caused or permitted the litter to be so thrown, deposited, dropped or dumped therefrom.
(Ord. 1990-2, passed 7-26-1990) Penalty, see § 130.99