§ 10-78. Littering of highways and adjacent lands prohibited.
(a)
No person, firm, or corporation shall intentionally dump, leave or deposit any glass or metallic objects, trash, refuse, or garbage on any property without permission of the owner of such property, or on any highway, street, alley, park, or other public property, or any lands adjacent thereto. Once it is established that dumped, left or deposited litter was possessed by a particular person, firm or corporation immediately before the act of dumping, there shall be a rebuttable presumption that the possessor committed the act of dumping, leaving, or depositing.
(b)
Whoever violates the provisions of this section in respect to private property, highways, streets, alleys, parks or other public property, or any lands adjacent thereto, shall be punished as follows:
(1)
Any person violating any of the provisions of this chapter [section] shall be guilty of a misdemeanor and shall, upon conviction in the city court, be punished in accordance with the following:
a.
Any person violating the provisions of this chapter [section] shall be fined not less than one hundred dollars nor more than three hundred dollars ($300.00) or shall be ordered to pick up trash or refuse for a period of not less than ten (10) nor more than forty (40) hours, or both, upon a first conviction.
b.
For a second conviction, such person shall be fined not less than two hundred dollars ($200.00) nor more than four hundred dollars ($400.00), or shall be ordered to pick up trash or refuse for a period of not less than one hundred (100) or more than two hundred (200) hours, or both.
c.
For a third conviction, such person shall be fined not less than four hundred dollars ($400.00) nor more than five hundred dollars ($500.00), or shall be ordered to pick up trash or refuse for a period of not less than one hundred (100) nor more than two hundred (200) hours, or both.
(c)
All fines collected under the provisions of this section shall be used to offset the costs of administering this section.
(Ord. No. 13-1992, § 1, 4-13-92)