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It is unlawful for any person to deposit, throw or leave any refuse on any public or private property or on any water or watercourse.
A. Definition: "Public or private property" as used in this Section includes, but is not limited to the right of way of any road or highway, a body of water or watercourse, any park, playground, recreation area, building, parcel of property, (publicly or privately owned), refuse container or receptacle provided for private use.
B. Defense: It shall be an affirmative defense that:
1. The property where the refuse was deposited, thrown or left in an area designated by law for the disposal of such refuse and the person is authorized by the proper public authority to so use the property; or,
2. The refuse was placed in a receptacle or container installed on such property for that purpose, and the person is authorized by the owner, provider, or maintainer of the receptacle or container to use the same; or
3. Such person is the owner or tenant in lawful possession of such property, or has obtained written consent of the owner in lawful possession, or the act is done under the personal direction of said owner or tenant.
C. Owner Responsibility: Whenever refuse is thrown, deposited, dropped or dumped from any motor vehicle in violation of this Section the operator of said motor vehicle is presumed to have caused or permitted the refuse to be so thrown or deposited, dropped or dumped therefrom. (Ord. 23(1977) § 1)