ARTICLE I. IN GENERAL
Sec. 19-5.
Same—On highway right-of-way or private property.
(a) No person shall dump or
otherwise dispose of solid waste material or a companion
animal for the purpose of disposal on 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 dumped or disposed of on
the highway, right-of-way, property adjacent to such highway or right-of-way, or private
property has been ejected from a motor vehicle, the arresting officer may comply with the
provisions of section 46.2-936, Code of Virginia in making such arrest.
(c) When a violation of the
provisions of this section has been observed by any person and the matter dumped or
disposed of on the highway, right-of-way, property adjacent to such highway or
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.
(d) Any sums collected under the
terms of this section shall be paid to the county treasurer and credited to the general
county fund.
(e) As used in this section, the term "companion animal" shall be as defined
in section 3.1-796.66, Code of Virginia.
(f) 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 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. 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. 03-23, 7/15/03) |