A. It is hereby declared a public nuisance, and therefore a misdemeanor, for any person to tip over a City owned garbage container. It shall be a defense to prosecution under this section that such tipping over of a garbage container was accidental and that the person immediately restored the container to its upright position and redeposited any spilled garbage.
B. It is hereby declared a public nuisance, and therefore a misdemeanor, for any person to be in any City owned garbage container; provided, however, it shall not be an offense to be in such container for the purpose of retrieving inadvertently deposited property.
C. It is hereby declared a public nuisance, and therefore a misdemeanor, for any nonresident of the City of Sidney to deposit "garbage" as it is defined in this chapter in City owned garbage containers. For purposes of this chapter, a "nonresident" shall be defined as the owner or operator of any vehicle bearing registration with an out of town address. It shall be no defense to assert that a person other than the registered owner of such a vehicle committed this offense. Proof of ownership of real property within the City of Sidney shall be a defense to prosecution.
D. Upon conviction of an offense under this section, the offender shall be punished by a fine of not less than twenty five dollars ($25.00) nor more than five hundred dollars ($500.00). (Ord. 550, 11-18-2013)