(A) No person shall throw, scatter, spill or place or intentionally or recklessly cause to be blown, scattered, spilled, thrown or placed or otherwise dispose of any litter upon any public property or private property not owned by him or her within the city or in the waters of the state including, but not limited to any public highway, public park, beach, campground, forest land, recreational area, trailer park, highway, road, street or alley, except:
(1) When the property is designated by the state or city for the disposal of garbage and refuse and the person is authorized to use the property for the purpose; or
(2) Into a litter receptacle in a manner that the litter will be prevented from being carried away or deposited by the elements upon any part of the private or public property or waters.
(B) When litter is so blown, scattered, spilled, thrown or placed from a vehicle or watercraft, the operator thereof shall be presumed to have committed the offense. This presumption, however, does not apply to a vehicle transporting agricultural products or supplies when the litter from that vehicle is a nontoxic biodegradable agricultural product or supply.
(C) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
LITTER. Any rubbish, waste material, cans, refuse, garbage, trash, debris, dead animals or discarded materials of every kind and description.
VEHICLE. Defined as in G.S. § 20-4.01(49).
WATERCRAFT. Any boat or vessel used for transport upon or across the water.
(`86 Code, § 9-1)
(D) The maximum penalty for violating this section shall be no less than $50 and no greater than $250. A copy of the penalty schedule, which may be amended from time to time, is on record in the office of the City Clerk.
(Am. Ord. 92-1-3, passed 1-14-92)