§ 11-25. Intentional littering prohibited; criminal penalties.

(a)

No person shall intentionally dispose or permit the disposal of litter upon any public place in the parish, upon private property in the parish not owned by him, upon property located in rural areas in the parish not owned by him, or in or on the waters of the parish, whether from a vehicle from a vehicle or otherwise, including but not limited to any public highway, public right-of-way, public park, beach, campground, forest land, recreational area, trailer park, highway, road, street, or alley except when such property is designated by the parish or by any of its agencies or political subdivisions for the disposal of such litter and such person is authorized to use such property for such purpose.

(b)

If the litter is disposed from a motor vehicle, boat, or conveyance, except a bus or larger passenger vehicle or a school bus, all as defined in LA-R.S.32:1, there shall be an inference that the driver of the conveyance disposed of the litter. If such litter was possessed by a specific person immediately before the act of disposing, there shall be an inference that the possessor committed the act of disposing.

(c)

When litter disposed in violation of this section is discovered to contain any article or articles, including but not limited to letters, bills, publications, or other writings that display the name of a person or any other manner indicate that the article belongs or belonged to such person, there shall be an inference that such person has violated this section.

(1)

The person shall be cited for the offense by means of a citation, summons, or any other means provided by law.

(2)

a.

Whoever violates the provisions of this section shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) and sentenced to serve four (4) hours of community service in a litter abatement work program as approved by the court.

b.

Upon second conviction an offender shall be fined not less than three hundred dollars ($300.00) nor more than one thousand five hundred dollars ($1,500.00) and sentenced to serve eight (8) hours of community service in a litter abatement work program as approved by the court.

c.

Upon third or subsequent conviction, an offender shall be fined not less than five hundred dollars ($500.00) nor more than three thousand dollars ($3,000.00), have his motor vehicle driver's license suspended for one (1) year, be imprisoned for not more than thirty days, or sentenced to serve not less than twenty-four (24) hours and no more than seventy-five (75) hours of community service in a litter abatement work program as approved by the court, or all or any combination of the aforementioned penalties.

d.

The judge may require an individual convicted of a violation of this section to remove litter from state highways, public rights-of-way, public playgrounds, public parks or other appropriate locations for any prescribed period of time in lieu of penalties prescribed in this section.

(d)

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 evidence presented to the court establishes that the defendant has committed the offense.

(e)

For the purpose of this section, each occurrence shall constitute a separate violation.

(f)

In addition to penalties otherwise provided, a person convicted under this section shall:

(1)

Repair or restore property damaged by or pay damages for any damage arising out of the violation of this section.

(2)

Pay all reasonable investigative expenses and costs to the investigative agency or agencies.

(3)

Pay all other reasonably related costs and expenses of any nature whatsoever incurred by the parish, including but not limited to administrative expenses, attorney fees, and all costs.

(Ord. No. 03-78, § E, 5-22-03)