§ 26-3.2. Citations; unlawful acts; records; failure to pay or appear; procedures.

(a)

Whenever any person has violated any provision of section 26-3 in the presence of a law enforcement officer, that officer shall take the person's name, address, and driver's license number, and if the violation occurs from a motor vehicle, the license number of the automobile, and if the violation occurs from a boat, the Louisiana Registered Boat Number, and shall issue a citation or summons or otherwise notify the offender in writing that he must appear in court at a time, date, and place to be specified in such citation or summons.

(b)

Whenever any person has violated any provision of section 26-3 in the presence of any other individual, that individual shall take, if possible, the location of the incident, the type of litter, and if applicable, the vehicle license plate number, the vehicle color and body type, the vehicle year, make and model, and any other vehicle identifier and shall submit that information to a law enforcement officer, justice of the peace, or constable. If the law enforcement officer, justice of the peace, or constable has reasonable grounds to believe a person has committed an offense of littering under any provision of article I of chapter 26 hereof, the law enforcement officer, justice of the peace, or constable shall issue a citation or summons or otherwise notify the offender in writing that he must appear in court at a time, date, and place to be specified in such citation or summons.

(c)

If applicable, the citation or summons shall indicate that the alleged offender may admit liability and in lieu of appearing in court, remit payment of the applicable fines and costs to the appropriate court or agency by mail. The law enforcement officer shall provide, in writing, the date by which the payment must be received and the name and phone number of the court or agency having jurisdiction over the alleged offense. The citation or summons shall state the amount of the applicable fines and costs payable to the appropriate agency.

(d)

Each law enforcement officer, upon issuing a citation or summons to an alleged violator of any provision of section 26-3 shall deposit the original citation or summons, or a copy of same, with a court and/or prosecuting agency having jurisdiction over the alleged offense.

(e)

Upon the deposit of the original citation or summons, or a copy of same, with a court and/or prosecuting agency having jurisdiction over the alleged offense, the original citation or summons, or a copy of it, shall be disposed of only by trial in a court of proper jurisdiction or any other official action by a judge of the court, including payment of the appropriate fines and costs to that court by the person to whom the citation or summons has been issued.

(f)

It shall be unlawful for any law enforcement officer or any other officer or public employee to dispose of a litter citation or summons or copies thereof or of the record of the issuance of the citation or summons in a manner other than as required herein. As such, it is expressly declared that any such litter citation or summons, or a copy thereof, shall be and is deemed a public record from the moment of its issuance.

(g)

The chief administrative officer of each law enforcement agency within St. Martin Parish, Louisiana, shall require all officers under his supervision to return to him a copy of every litter citation or summons which was issued by the officer for the violation of a litter law or ordinance, and in addition, shall require the return of all copies of each litter citation or summons which has been spoiled or upon which an entry has been made without having issued the citation or summons to the alleged violator.

(h)

The aforesaid chief administrative officer shall also maintain or cause to be maintained in connection with every litter citation or summons issued by an officer under his supervision a record of the disposition of the charge by the court in which the original or a copy of the litter citation or summons was deposited.

(i)

Nothing herein shall be construed as prohibiting or interfering with the authority of a prosecuting agency to formally dismiss a litter citation or summons by entry of the appropriate dismissal.

(Ord. No. 18-06-1226-OR, 6-5-2018)