ARTICLE VIII. - ILLEGAL DUMPING


Sec. 19-80. - Dumping waste on public or private property unlawful.

(a)

It shall be unlawful for any person to dump waste 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. It is unlawful to bring waste from any other locality for disposal or dumping within the city limits.

(b)

If any person is charged with a violation of this section, and the matter alleged to have been illegally dumped or disposed of has been ejected or removed from a motor vehicle, the owner or operator of such motor vehicle from which the waste has been ejected or removed shall be presumed to be the person ejecting or removing of such matter; provided, however, such presumption shall be rebuttable by competent evidence.

(c)

If any person is charged with a violation of this section, and the waste alleged to have been illegally dumped or removed has been ejected from a motor vehicle or transported to the disposal site in a motor vehicle, the law enforcement officer may utilize the procedures provided in § 46.2-936 of the State Code.

(Ord. No. 6443-07, § 1)

Sec. 19-81. - Penalty for violation of this article.

(a)

Any person convicted of a violation of this article shall be guilty of a misdemeanor punishable by confinement in jail for not more than twelve (12) months, and a fine of not less than two hundred fifty dollars ($250.00) or more than two thousand five hundred dollars ($2,500.00), either or both.

(b)

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

(Ord. No. 6443-07, § 1)

Sec. 19-82. - Article not applicable to disposal in landfills.

The provisions of this article shall not apply to the lawful disposal of solid waste in approved public or private landfills.

(Ord. No. 6443-07, § 1)

Secs. 19-83—19-89. - Reserved.