(a) Securing Loads. All vehicles used to transport any material along streets, roads, or highways of the County, shall be constructed, maintained, and loaded as to prevent such vehicle's contents from dropping, sifting, leaking, or otherwise escaping. This subsection shall not apply to any:
(1) Motor vehicle that is used exclusively for agricultural purposes as provided in § 46.2-698 of the Code of Virginia and is not licensed in any other state;
(2) Agricultural vehicle, tractor, or other vehicle exempted from registration and licensing requirements under State law;
(3) Motor vehicle transporting forest products, poultry, or livestock; or
(4) Public service company vehicle, pickup truck, or emergency snow removal equipment while engaged in snow removal operations.
(b) Transportation of Waste. No person shall transport any litter or solid waste in an open or uncovered vehicle along the streets, roads, or highways of the County, unless the load is covered by a tarpaulin or other suitable cover in such manner as to contain the entire load. If any of the contents of the load shall be blown, spilled, fall, or become scattered in or upon any public way or place, such person shall immediately cause such contents to be gathered up and removed.
(c) Rebuttable Presumption. When a violation of the provisions of this section has been observed by any person, and the matter dumped or disposed of has been ejected or removed from a motor vehicle, the owner or operator of such motor vehicle shall be presumed to be the person ejecting or disposing of such matter, provided however, that such presumption shall be rebuttable by competent evidence.
(d) Penalty. Violation of this section shall constitute a traffic infraction punishable by a fine not to exceed two hundred fifty dollars ($250.00). In lieu of imposition of a fine, the court may order the defendant to perform community service in litter abatement activities.
(Ord. 04-17. Passed 12-14-04.)