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Article V – Litter

Sec. 13.5-1 – Dumping trash, garbage or refuse.

(a) It shall be unlawful for any person to dump or otherwise dispose of trash, garbage, refuse, litter, a companion animal for the purpose of disposal, or other unsightly matter, on public property, including a public highway, right-of-way, property adjacent to such highway or right-of-way, or on private property without the written consent of the owner thereof or his agent.

(b) When any person is arrested for a violation of this section, and the matter alleged to have been illegally dumped or disposed of has been ejected from a motor vehicle or transported to the disposal site in a motor vehicle, the arresting officer may comply with the provisions of Virginia Code § 46.2-936 in making such arrest. When a violation of this section has been observed by any person and the matter dumped or disposed of on the highway, city street, right-of-way or private property has been ejected from a motor vehicle, the owner or operator of such motor vehicle shall be presumed to be the person ejecting such trash, garbage, refuse or other unsightly matter; provided, however, that such presumption shall be rebuttable by competent evidence.

(c) Any person convicted of a violation of this section shall be guilty of a misdemeanor punishable by confinement in jail for not more than 12 months and;

    1. For a first offense, a fine of not less than $500.00 or more than $1,000.00, either or both.
    2. For any subsequent offense, a fine of not less than $1000.00 or more than $2,500.00, either or both.

(d) In lieu of the imposition of confinement in jail, the court may order the defendant to perform community service in litter abatement activities.

(Ordinance of 09-20-21)

 

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