(A) Any person violating any provision of this chapter, for which no other penalty is provided, shall be subject to the penalty provisions of § 130.99.
(B) A violation of § 135.01 shall be punishable by a fine set by Council from time to time or by confinement in the county jail for a term not to exceed days or by both fine and imprisonment.
(Prior Code, § 9-118)
(C) (1) A violation of § 135.02(A) shall be punishable by a fine set by Council from time to time.
(2) A violation of § 135.02(B) shall be punishable by a fine set by Council from time to time or confinement in the county jail for a term not to exceed 30 days or by both such fine and imprisonment.
(Prior Code, § 9-119)
(D) A violation of § 135.03 shall be punishable by a fine set by Council from time to time, or imprisoned in the county jail not more than 30 days, or both fined and imprisoned.
(E) (1) (a) A violation of § 135.04 is a misdemeanor, and upon conviction thereof, shall be fined an amount set by Council from time to time, or imprisoned in the county jail not more than 30 days, or sentenced to remove litter from any public highway, road, street, alley or any other public park or property as designated by the court for a total of not less than 30 hours under the supervision of the county supervisor of the Department of Highways, or his or her designated agent, or of the Mayor of the town.
(b) If any litter be thrown or cast from a motor vehicle, such action is a prima facie evidence that the driver of such motor vehicle intended to violate the provisions of § 135.04. If any litter be dumped or discharged from a motor vehicle, such action is prima facie evidence that the owner and driver of such motor vehicle intended to violate the provisions of § 135.04.
(2) Every person who is convicted of or pleads guilty to disposing of litter in violation of § 135.04 shall pay the sum set by Council from time to time as costs for clean-up, investigation and prosecution in such case, in addition to any other court costs that the court is otherwise required by law to impose upon such convicted person. The municipal court wherein such additional costs are imposed shall, on or before the last day of each month, transmit all such costs received under this division (E)(2) to the State Treasurer for deposit in the state treasury to the credit of a special revenue fund known as the Litter Control Fund.
(F) (1) The penalty for a violation of § 135.05(C) shall be a fine set by Council from time to time or confinement in the county jail for a term not to exceed ten days or both such fine and confinement. As an alternative to any fine or sentencing or both, the municipal court may, with the consent of the person pleading guilty to a violation of § 135.05(C), or being found guilty of same, require such person to work for any town crew in the town on any public project at the prevailing minimum wage. The time spent by such person working for the town shall not be greater than the number of hours equal to the fine divided by the prevailing minimum wage or the time set for confinement, whichever is greater. The person pleading guilty or being found guilty of a violation of § 135.05(C), in order to qualify for such alternate penalty, shall first sign a release of liability form releasing the town from any and all liability from all harm except from gross negligence or intentional harm.
(2) The penalty and alternate provisions of division (F)(1) above shall apply equally to a violation of § 135.05(D).
(Ord. passed 8-1-1983; Ord. passed 4-17-1984; Ord. passed 9-4-1984; Ord. passed 10-7-1985)