(A) (1) Any person who violates this chapter in an amount not exceeding 15 pounds and not for commercial purposes is guilty of a Class 3 misdemeanor punishable by a fine of not less than $250 nor more than $500 for the first offense. Any second or subsequent offense is punishable by a fine of not less than $500 nor more than $1,000.
(2) In addition, the court may require the violator to pick up litter or perform other labor commensurate with the offense committed.
(B) Any person who violates this chapter in an amount exceeding 15 pounds but not exceeding 500 pounds and not for commercial purposes is guilty of a Class 3 misdemeanor punishable by a fine of not less than $250 nor more than $1,000. In addition, the court shall require the violator to pick up litter or perform other community service commensurate with the offense committed.
(C) Any person who violates this chapter in an amount exceeding 500 pounds or in any quantity for commercial purposes, or who discards litter that is hazardous waste as defined in G.S. § 130A-290, is guilty of a Class I felony. In addition, the court may order the violator to:
(1) Remove or render harmless the litter that he or she discarded in violation of this chapter at his or her own cost;
(2) Repair or restore property damaged by or pay damages for any damage arising out of his or her discarding litter in violation of this chapter; or
(3) Perform community public service relating to the removal of litter discarded in violation of this chapter or to the restoration of an area polluted by litter discarded in violation of this chapter.
(D) A court may enjoin a violation of this section.
(E) If a violation of this section involves the operation of a motor vehicle, upon a finding of guilt, the court shall forward a record of the finding to the Department of Transportation, Division of Motor Vehicles, which shall record a penalty of 1 point on the violator’s driver’s license pursuant to the point system established by G.S. § 20-16. There shall be no insurance premium surcharge or assessment of points under the classification plan adopted pursuant to G.S.§§ 58-36-65 and 58-36-70 for a finding of guilt under this section.
(F) A motor vehicle, vessel, aircraft, container, crane, winch or machine involved in the disposal of more than 500 pounds of litter in violation of this section is declared contraband and is subject to seizure and summary forfeiture to the county.
(G) If the person upon whom a notice of violation of this chapter is served fails, neglects or refuses to remove or properly dispose of or cause to be removed or properly dispose of any open dump or unsanitary accumulation within 30 days after receipt of the notice, the County Enforcement Officer Environmental Manager or his or her authorized representative may apply to the court having jurisdiction for an injunction and order of abatement. Upon the request of the owner, lessee or occupant of the lot or land and with the approval of the County Manager, the Environmental Manager may be authorized to remedy the violation with the expenses thereof to be charged to and paid by the person in default; provided, however, that nothing herein shall relieve the owner, lessee or occupant of his or her responsibility to remedy the violation required by this chapter.
(H) The Enforcement Officer(s) shall have the authority to write civil citations in the amounts specified in division (I) of this section. Law Enforcement Officers may issue both criminal and civil citations, but not both concurrently.
(I) Civil penalties.
Accidental/No Environmental Hazard | |
Non Commercial | |
First offense | $50.00 |
Repeat violation | $100.00 |
Commercial | |
First offense | $100.00 |
Repeat offense | $150.00 |
Accidental/Environmental Hazard | |
Non Commercial | |
First offense | $100.00 plus cleanup costs |
Repeat offense | $150.00 plus cleanup costs |
Commercial | |
First offense | $150.00 plus cleanup costs |
Repeat offense | $250.00 plus cleanup costs |
Willfully - No Environmental Hazard | |
Non Commercial | |
First offense | $300.00 |
Repeat offense | $350.00 |
Commercial | |
First offense | $350.00 |
Repeat offense | $450.00 |
Willfully - Environmental Hazard | |
Non Commercial | |
First offense | $450.00 plus cleanup costs |
Repeat offense | $550.00 plus cleanup costs |
Commercial | |
First offense | $550.00 plus cleanup costs |
Repeat offense | $750.00 plus cleanup costs |
(Ord. 30, passed 3-8-1999; Am. Ord. 30, passed 10-3-2005)