5-2-2: LITTERING OF PUBLIC OR PRIVATE PROPERTY:
A. As used in this section the following terms have the following meanings, unless the context clearly requires otherwise:
LITTER: All "rubbish" as defined in section 5-2-1 of this chapter, all "garbage" as defined in section 5-2-1 of this chapter, and all waste material, refuse, debris, or other foreign substances, solid or liquid, of every form, size, kind, and description.
PUBLIC OR PRIVATE PROPERTY: Includes, but is not limited to: 1) the right-of-way of any public street or highway, any publicly owned lot, tract, parcel, or building, any public park, playground, recreational trail, any publicly owned conservation, open space, or recreation area, and 2) any privately owned real property or building.
WATERS: Any river, creek, or other body of water or watercourse, including frozen areas or the shores thereof.
B. Any person who deposits, throws, or leaves any litter on any public or private property or in any waters commits the offense of littering.
C. It shall be an affirmative defense that:
1. Such property is an area designated by law for the disposal of such material and the person is authorized by the proper public authority to so use the property;
2. The litter is placed in a receptacle or container installed on such property for that purpose, regardless of whether the receptacle or container meets the definition of "receptacle" in section 5-2-1 of this chapter; or
3. Such person is the owner or tenant in lawful possession of such property, or has first obtained written consent of the owner or tenant in lawful possession, or the act is done under the personal direction of said owner or tenant.
D. Littering is an infraction punishable by a mandatory fine of not less than twenty dollars ($20.00) nor more than five hundred dollars ($500.00) upon a first conviction; by a mandatory fine of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000.00) upon a second conviction; and by a mandatory fine of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00) upon a third or subsequent conviction.
E. In the discretion of the municipal court, all or any portion of a fine imposed in excess of the mandatory minimum fine may be suspended upon the condition that the defendant gather and remove from specified public property or specified private property, with prior permission of the owner or tenant in lawful possession thereof, any litter found thereon, or upon the condition that the defendant pick up litter at a time prescribed by and at a specified place or places within the town for not less than eight (8) hours upon a first conviction or for not less than sixteen (16) hours upon a second or subsequent conviction.
F. Whenever litter is thrown, deposited, dropped, or dumped from any motor vehicle in violation of this section, the operator of said motor vehicle is presumed to have caused or permitted the litter to be so thrown, deposited, dropped, or dumped therefrom. (Ord. 7, Series 2010; amd. Ord. 25, Series 2022. Formerly 5-2-3)