§ 11-27. Commercial littering prohibited; civil penalties; special court costs.

(a)

No person shall dispose or permit the disposal of litter resulting from industrial, commercial, mining or agricultural operations in which the person has a financial interest upon any public place in the parish, upon private property in this parish not owned by him, upon property located in rural areas in this parish not owned by him, or in or on the waters of this Parish whether 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 items and such person is authorized to use such property for such purpose.

(b)

No person shall operate any truck or other vehicle in such a manner or condition that litter resulting from industrial, commercial, mining or agricultural operations in which the person is involved can blow or fall out of such vehicle or that mud from its tires can fall upon the roadway.

(c)

If the litter is disposed of from a motor vehicle, boat or conveyance, except a bus or large passenger vehicle or school bus, all as defined by 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 a permissive rebuttable presumption that the possessor committed the act of disposing.

(d)

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 in any other manner indicated that the article belongs or belonged to such person, there shall be a permissive rebuttable presumption that such person has violated this section.

(e)

A person shall be jointly and severally liable for the actions of its agents, officers, and directors for any violation of this section by any agent, officer, or director in the course and scope of his employment or duties.

(f)

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

(g)

Any person found liable under the provisions of this section shall:

(1)

Pay a civil penalty of one hundred dollars ($100.00).

(2)

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

(3)

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

(4)

Pay for the cleanup of the litter unlawfully discarded by the defendant.

(h)

Any person found liable under the provisions of this section shall pay special court costs of one hundred dollars ($100.00) in lieu of other costs of court that shall be disbursed as follows:

(1)

Forty dollars ($40.00) shall be paid to the judicial expense fund for that judicial district, or to the justice of the peace or the city court, as the case may be.

(2)

Forty dollars ($40.00) shall be paid to the office of the district attorney, or to the constable or to the municipal prosecuting attorney, as the case may be.

(3)

Twenty dollars ($20.00) shall be paid to the clerk of the district court, or to the justice of the peace or the city court, as the case may be.

(i)

A person may be held liable 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.

(2)

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

(Ord. No. 03-78, § G, 5-22-03)