§ 26-332. Littering.

(a)

It shall be unlawful for any person to throw, drop, deposit, discard, or otherwise dispose of litter upon any public place, upon private property not owned by him, or in or on the waters, whether from a vehicle or otherwise, including but not limited to any public highway, public park, beach, campground, recreational area, trailer park, highway, road, street, or alley, except:

(1)

When such property is designated by the state or by any of its agencies or political subdivisions or by the municipality for the disposal of garbage and refuse and such person is authorized to use such property for such purpose.

(2)

When litter is placed into 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 said private or public property or waters.

(b)

If the throwing, dumping, or depositing of litter was done from a motor vehicle, except a bus or large passenger vehicle or a school bus, all as defined in R.S. 32:1, it shall be prima facie evidence that the throwing, dumping, or depositing was done by the driver of the motor vehicle. 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 dumping, 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 offense by means of a ticket, summons, or other means provided by law or ordinance.

(d)

Penalty.

(1)

Whoever violates this section upon any conviction, shall be fined not less $50.00 nor more than $500.00.

(2)

Upon second conviction, an offender shall be fined not less than $300.00 nor more than $500.00 and sentenced to serve eight hours of community service in a litter abatement work detail as approved by the mayor's court.

(3)

Upon third or subsequent conviction, an offender shall be fined $500.00, be imprisoned for not more than 60 days, or sentenced to serve 24 hours of community service in a work detail as approved by the mayor's court, or all or any combination of the aforementioned penalties.

(4)

The presiding officer of the mayor's court may require an individual convicted of a violation of this section to remove litter from highways, public rights-of-way, public playgrounds, public parks, or other appropriate locations within the municipality for any prescribed period of time in lieu of or in addition to the penalties prescribed in this section.

(5)

In addition, any person who throws or deposits litter from a water vessel shall be punished by a fine of not less than $500.00 or be imprisoned for not more than 60 days, or both.

(e)

Determination of guilt.

(1)

A person may be found guilty and fined under this section although the commission of the offense did not occur in the presence of a law enforcement officer if the preponderance of the evidence presented to the court indicates that the defendant has committed the offense.

(2)

When litter dumped in violation of this section is discovered to contain any article, including but not limited to letters, bills, publications, or other writings which display the name of a person or in any other manner indicates that the article belongs or belonged to such person, it shall be a permissive rebuttable presumption that such person has violated this section.

(Ord. No. 146, § 128, 7-7-1992; Ord. of 8-5-2003)