§ 11-28. Littering prohibited; civil penalties; special court costs.

(a)

No person shall dispose of 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 this state not owned by him, or in or on the waters of this state 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.

(b)

No person shall operate a motor vehicle on any highway or a boat on any waters in such a manner or conditions that the contents can blow out or fall out of such vehicle or boat.

(c)

No person shall dispose of litter in such a manner that the litter may be carried away or deposited by the elements upon any parts of said public or private property or waters.

(d)

If the litter disposed of from a motor vehicle, boat or conveyance, except a bus or larger passenger vehicle or a 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 or permitted the act of disposing.

(e)

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 indicates that the article belongs or belonged to such person, there shall be a permissive rebuttable presumption that such person has violated this section.

(f)

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

(g)

Persons found liable under the provisions of this section shall be assessed the following penalties:

(1)

For a first violation, such person shall be either fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00), or be given the option to perform eight (8) hours of community service in a litter abatement work program in lieu of the assessed fine.

(2)

For a second violation and each subsequent violation, such person shall be either fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), or be given the option to perform eight (8) hours of community service in a litter abatement work program in lieu of the assessed fine.

(h)

Persons found liable under the provisions shall pay special costs of one hundred ($100.00) 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.

(j)

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

(Ord. No. 03-78, § H, 5-22-03)