(A) It is unlawful for a person to dump, deposit or place garbage, rubbish, trash or refuse upon real property not owned by that person without the consent of the owner or person in possession of the real property.
(B) A person who violates this section is liable to the owner or person in possession of the real property on which the garbage, rubbish, trash or refuse is dumped, deposited or placed for the reasonable costs incurred by the owner or person in possession for cleaning up and properly disposing of the garbage, rubbish, trash or refuse, and for reasonable attorneys fees.
(C) A person violating this section is guilty of a Class B misdemeanor. A second conviction or an offense committed after the first conviction is a Class A misdemeanor. A third is a Class 4 felony. Personal property used by a person in violation of this section shall on the third or subsequent conviction of the person be forfeited to the county where the violation occurred and disposed of at a public sale. Before the forfeiture, the court shall conduct a hearing to determine whether property is subject to forfeiture under this section. At the forfeiture hearing, the state has the burden of establishing by a preponderance of the evidence that property is subject to forfeiture under this section.
(1980 Code, § 93.005) (Res. 99-210, passed 5-20-1999) Penalty, see § 93.999