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18. Litter

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CHAPTER 18

LITTER

6-18-1:  LITTERING:  (1224 3646)

(1224 3646)

(A)    It shall be unlawful to commit littering.  Any person who deposits, throws, or leaves any litter on any public or private property, or in any waters commits littering.

(B)    It shall be an affirmative defense that:

(1)         Such property is an area designated by law for the disposal of such material, and the person is authorized by the proper public authority to so use the property; or 

(2)         The litter is placed in a receptacle or container installed on such property for that purpose; or 

(3)         Such person is the owner or tenant in lawful possession of such property, or he has first obtained written consent of the owner or tenant in lawful possession, or the act is done under the personal direction of said owner or tenant. 

(C)    Definitions:  The following words, terms and phrases, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:

“Littering’ shall mean all rubbish, waste material, refuse, garbage, trash, debris or other foreign substances, solid or liquid, of every form, size, kind and description. 

“Public or Private Property” shall include, but is not limited to, the right-of-way of any road or highway, any body of water or watercourse, including frozen areas or the shores or beaches thereof, any park, playground, building, refuge, conservation or recreation area and any residential, farm or ranch properties or timberland. 

(D)    It is in the discretion of the Court upon conviction of any person, and the imposition of a fine under this Section, to suspend the fine, upon the condition that the convicted person gather and remove from specified public property, or specified private property, with prior permission of the owner or tenant in lawful possession thereof, any litter found thereon. 

(E)    Whenever litter is thrown, deposited, dropped or dumped from any motor vehicle in violation of this Section, the operator of said motor vehicle is presumed to have caused or permitted the litter to be so thrown, deposited, dropped or dumped therefrom.

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