§ 26-3. Littering prohibited; penalties; disbursement of costs.
(a)
The term(s) "litter" and/or "littering" shall mean all waste material abandoned on the property of another or on all public property or roads, streets, or highways, whether or not it is reusable, functional, or operable, and includes (but is not limited to) any portion of a tobacco product, disposable packages, containers, rubbish, cans, bottles, refuse, garbage, trash, debris, paper products, glass, metal, packing materials, plastic products, dunnage, dead animals, furniture, appliances, automotive parts, tires, batteries, engines, building materials, or any other items or discarded materials or property. The term(s) also include the accumulation of any such unused or discarded property which causes a nuisance or health concerns even if abandoned on one's own property. "Nuisance" shall be and is hereby accorded the meaning set forth in section 24-105 of the Code of Ordinances for this parish. Furthermore, for purposes of this section, "motor vehicle" shall having the meaning ascribed to that term in R.S. 32:1. The term "person" shall be interpreted to include any natural person and/or corporation, limited liability company, partnership, or similar juridical entity.
(b)
No person shall dispose of or permit the disposal of litter upon any public property or private property located within St. Martin Parish, Louisiana, or in or on the waters of the parish, whether from a motor vehicle or otherwise, including, but not limited to, any public rights-of-way, public park, campground, forest land, recreational area, trailer park, street, the premises of any public, local, state, or federal agency or political subdivision, or any alley, except when such property is designated by the parish or by any of its agencies or subdivisions as a site for the disposal of litter and such person is authorized to use said property for the said purpose(s) of disposal.
(c)
No person shall operate a boat or motor vehicle on any public or private property in such a manner or condition that the contents can blow or fall out of the vehicle or boat.
(d)
No person shall dispose of litter in such a manner that it may be carried away or deposited by the elements upon parts of that property or any other private or public property.
(e)
If the litter disposed of is from a motor vehicle, except a bus or large passenger vehicle, or a school bus, all as defined by R.S. 32:1, there shall be an inference that the driver of the motor vehicle disposed of the litter unless that driver can prove that another person disposed of the litter in accordance with the following:
(1)
Except as provided in subsection (e)(2) of this section, when the identity of the driver of the motor vehicle is unknown, there shall be an inference that the owner of the motor vehicle was the driver of that vehicle, and the owner shall therefore be solely liable for the litter fines, fees, and costs for the disposal of litter from the motor vehicle, unless the owner can prove that the motor vehicle was operated by another person at the time of the violation or that another person disposed of the litter.
(2)
If the owner of a motor vehicle who is engaged in the business of renting or leasing motor vehicles under written rental or leasing agreement, the owner as a lessor shall not be liable for the litter fines, fees, or costs pursuant to subsection (e)(1) hereof if, within 30 days after receiving the citation, the owner/lessor provides, in affidavit form, the true name, address, and driver's license number with the state of issuance of the lessee at the time of the offense described in the citation, or provides a true copy of the lease or rental agreement to the law enforcement agency issuing the citation.
(3)
If the lessor complies with the provisions of subsection (e)(2) of this section, the lessee shall be cited for the litter violation.
(4)
A lessor who fails to comply with the provisions of subsection (e)(2) of this section shall be treated as any other owner and shall be liable for the litter fines, fees, and costs for the disposal of the litter from the motor vehicle.
(5)
If an owner of a motor vehicle receives a citation during the period where the motor vehicle was reported to the police department as having been stolen, any such citation shall not be subject to prosecution.
(6)
An owner or driver who pays litter fines, fees, and costs pursuant to subsection (e) shall have the right to recover same from the person who committed the act of littering by filing a civil suit in separate proceedings.
(f)
When the litter disposed of 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 manner indicates that the article belongs or belonged to such person, there shall be an inference that such person has violated this section.
(g)
Whoever violates the provisions of this section shall be cited by means of a citation, summons, or other means provided by law and shall be subject to the following fines, fees, and costs:
(1)
For a first violation, the offender shall be assessed a $75.00 fine which shall not be subject to suspension. Furthermore, the offender shall be assessed a $15.00 administrative fee if the offender chooses to mail the assessed fine to the prosecuting court. In the event the offender exercises the right to a hearing or appearance, upon conviction the shall be subject to the fine set forth herein and shall be responsible for court costs in the amount provided for under subsection (h)(3) of this section. Under no circumstances shall the costs be waived, suspended, or reduced.
(2)
For a second and/or each subsequent violation committed within one year of the prior offense, the offender shall be assessed a fine of $350.00. For such a second and/or each subsequent violation, it shall be mandatory that the alleged offender appear in the court exercising jurisdiction, and there shall be no option permitting the mailing of the fine.
(3)
For each violation in which a hearing is requested or required by virtue of this section, the offender shall pay, in addition to any fine imposed, court costs in the amount of $250.00. The said costs and fine shall be disbursed and payable as set forth in section 26-3.4 herein.
(h)
A person may be found 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 exercising jurisdiction establishes that the defendant, beyond a reasonable doubt, committed the offense.
(i)
For purposes of this section, each occurrence involving a distinct and identifiable item of litter shall constitute a separate violation.
(j)
In addition to the penalties and costs otherwise provided, a person found guilty 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; and
(2)
Pay all reasonable investigative expenses and costs to the investigative agency or agencies as determined and fixed by the Court; and,
(3)
Pay for the cleanup of the litter unlawfully discarded by the offender.
(k)
Notwithstanding any provision to the contrary, this section shall not apply to any activity by person(s) owning or operating duly licensed commercial vehicles engaged in the collection and transportation of solid waste, construction, or demolition, or debris or wood waste, in the course of servicing scheduled pickup routes or in route to an authorized pickup station, transfer station, or disposal facility. To qualify for the exemption provided for in this subsection, the commercial vehicle shall be covered at all times, except during loading and unloading, in a manner that prevents rain from reaching the waste/litter, prevents the waste/litter from falling or blowing out of the vehicle, and insures that leachate from the waste/litter is not discharged from the vehicle during transportation.
(Ord. No. 18-06-1226-OR, 6-5-2018)