(A) It shall be unlawful for any person to sweep, throw or deposit, or to permit, allow, maintain or contribute to the sweeping, throwing or depositing of any litter into, upon or along a drain, gutter, street, road, highway, sidewalk, alley, vacant or occupied lot, walk, parking lot, embankment, or upon any public or private premises within the county; however, it shall not be unlawful to dispose of litter in any manner otherwise approved in this chapter.
(B) Any vehicle, which is collecting or transporting solid waste, shall be covered with canvas or other substantial material to prevent contents from falling, leaking, spilling or being blown from the vehicle.
(C) The following are presumptions that apply in to this section.
(1) (a) Owner/operator of vehicle presumed responsible. The operator or owner of a vehicle is presumed responsible for any litter, which has been thrown, dropped, or in any way otherwise disposed of from his or her vehicle.
(b) Agricultural exemption. The operator of any vehicle transporting any nontoxic, biodegradable agricultural product or agricultural supply is not presumed responsible for any product or supply coming from his or her vehicle.
(2) (a) Person presumed to be responsible for litter. If any litter is identified as having belonged to, been in the possession of, or received by any person, the person shall be presumed responsible for the litter.
(b) First violation exception. For a first violation, the presumed responsible party may be relieved of responsibility upon providing clear and convincing evidence to the County Environmental Services Director that the subject litter was properly delivered to a municipal or private-sector waste hauler for disposal.
(D) It shall be unlawful for any owner, occupant or lessee of property to allow the accumulation of any litter upon their premises; however, it shall be prima facie evidence that the accumulation was not allowed if aforementioned persons have complied with § 50.04.
(E) This section is supplemental to and does not in anyway interfere, obstruct or override enforcement of the criminal offense of littering as set forth in G.S. § 14-399.
(Ord. passed 12-3-2007) Penalty, see § 50.99