(a) No person shall place, deposit, dump or throw or cause to be placed, deposited, dumped or thrown any litter in or upon any public or private highway, road, street or alley, or upon any private property without the consent of the owner, or in or upon any public park or other public property other than in such place as may be set aside for such purpose by the governing body having charge thereof.
If any litter is thrown or cast from a motor vehicle, such action is prima facie evidence that the driver of such motor vehicle intended to violate the provisions of this section. If any litter is 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 this section.
(b) Any person who owns, operates or otherwise controls any public area shall procure and place litter receptacles at his own expense upon his premises and shall remove and dispose of litter collected in such litter receptacles. After receiving two written warnings from any law enforcement officer or officers to comply with this subsection, any person who fails to place and maintain such litter receptacles upon his premises in violation of this subsection shall be fined fifteen dollars ($15.00) per day of such violation.
(c) No portion of this section shall be construed to restrict a private owner in the use of his own private property or to prohibit the disposal of litter in any manner otherwise authorized by law..
(d) Any law-enforcement officer who shall observe a person violating the provisions of this section shall have a mandatory duty to arrest or otherwise prosecute the violator to the limits provided herein.
(1960 Code 9-120(B))