§ 16-8. Littering; violations, presumptions, jurisdiction, and penalties.
(a)
No person, firm, or corporation shall throw, drop, discard, permit the intentional or accidental ejection, emission, escape of, or otherwise dispose of litter on any public property, or upon private property without permission of the owner of said property, or in the waters of this parish, whether from vehicle or otherwise. Litter shall include, but not be limited to, glass or metallic objects, trash, refuse, grass clippings or garbage.
The depositing of litter shall not be considered littering:
(1)
When placed on property designated by the state or by its agencies or political subdivisions for the disposal of garbage and refuse and such person is authorized to use such property for such purpose; or
(2)
When litter is placed in a litter receptacle in such a manner that the litter will be prevented from being carried away or deposited by the elements upon any parts of private or public property or waters;
(3)
The provisions of this section shall not apply to uncontaminated permissible fill materials dumped or scattered on private property in accordance with the regulations of the state department of environmental quality and with the permission of the owner of said private property;
(b)
(1)
A person may be found in violation of this section and fined and/or ordered to perform community service although the commission of the offense did not occur in the presence of a deputy sheriff or other law enforcement officer if the preponderance of the evidence presented to the court or other adjudicating officer indicates that the person cited violated this section;
(2)
Once it is established that dumped, left, thrown 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. This presumption shall not apply if the alleged possessor of said litter has a copy of the solid waste transporting identification number issued by the state to a third party with whom the alleged possessor had a contract with said third party to dispose of said litter as well as a copy of said contract. Under said circumstances said third party contractor shall be found responsible for any illegal disposal of said litter unless local state or federal laws do not relieve the generator of such waste from the responsibility for the proper disposal of said waste;
(3)
When litter that has been dumped, left, thrown or deposited in violation of this section is discovered to contain any item(s), including but not limited to letters, bills, publication, or other writings display the name of a person or in any other manner indicates the ownership of said article(s), it shall be a rebuttable presumption that such person violated this section;
(4)
If the throwing, dumping, or depositing of litter was done from a motor vehicle, boat or conveyance, except a bus or large passenger vehicle or a school bus, all as defined in L.R.S. 32:1, it shall be prima facia evidence that the throwing, dumping or depositing was done by the driver of the conveyance. Likewise, once it is established that thrown, dumped, or deposited litter was possessed by a specific person, firm, or corporation, immediately before the act of throwing, dumping or depositing, there shall be a rebuttable presumption that the possessor committed the act of throwing, dumping or depositing.
(c)
The offender may be cited for the violation of this section by means of a citation, ticket, summons or any other means provided by law, and thereby ordered to appear before the appropriate adjudication officer, i.e. administrative hearing officer of the parish bureau of administrative adjudication, a judge of a parish court or a judge of the Twenty-Fourth Judicial District Court. In the alternative, an offender may admit the violation and pay the appropriate fine and court costs by mail.
(d)
This section may be enforced Jefferson Parish Sheriff's deputies or state or federal enforcement officials.
(e)
Unless otherwise specified, whoever violates the provisions of this section regarding litter in respect to private property, public property, highways, or roadside parks, or any lands adjacent thereto, shall be penalized, except as otherwise specifically provided for a specific violation in another section of this chapter, in accordance with the following:
(1)
Any person violating the provisions of this section regarding litter shall be fined no less than fifty dollars ($50.00) nor more than two hundred dollars ($200.00) and/or sentenced to serve no less than eight (8) nor more than sixteen (16) hours of community service in a trash and litter abatement work detail as assigned by the court or other adjudicatory officer upon a first violation.
(2)
For a second violation, such person shall be fined no less than one hundred dollars ($100.00) nor more than four hundred dollars ($400.00) and/or sentenced to serve no less than sixteen (16) nor more than thirty-two (32) hours of community service in a trash and litter abatement work detail as assigned by the court or other adjudicatory officer.
(3)
For a third violation, such person shall be fined no less than two hundred dollars ($200.00) nor more than five hundred dollars ($500.00) and/or sentenced to serve no less than twenty-four (24) nor more than forty-eight (48) hours of community service in a trash and litter abatement work detail as assigned by the court or other adjudicatory officer.
(4)
Upon fourth or subsequent violations, an offender shall be fined five hundred dollars ($500.00) and/or sentenced to serve forty-eight (48) hours of community service in a trash and litter abatement work detail as assigned by the court or other adjudicatory officer.
(Ord. No. 22100, § 1, 1-21-04)