A. Any person who deposits, throws, or leaves any household trash or business trash in a public trash receptacle commits the offense of misuse of public trash receptacle.

B. As used in this section:

BUSINESS TRASH: Means garbage and rubbish as defined in section 5-2-1 of this chapter that originates from a commercial enterprise or activity of any kind, regardless of whether located within or outside the corporate limits of the town.

HOUSEHOLD TRASH: Means garbage and rubbish as defined in section 5-2-1 of this chapter that originates from a property devoted to a residential use as defined in section 9-1-5 of this Code, or an accommodation unit as defined in section 4-1-2 of this Code, regardless of whether located within or outside the corporate limits of the town.

PERSONALLY IDENTIFYING INFORMATION: Means any information that may be used, alone or in conjunction with any other information, to identify a specific individual, including, but not limited to, name, street address, date of birth, or social security number.

PUBLIC TRASH RECEPTACLES: Means an outdoor container owned and maintained by the town, regardless of where located, that is designed and intended to be used for the accumulation of garbage generated by the public while walking.

C. If a person's personally identifying information is found on any household trash or business trash found in a public trash receptacle, there is a rebuttable presumption that such person committed a violation of this section.

D. Misuse of public trash receptacle 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. (Ord. 29, Series 2018; amd. Ord. 25, Series 2022. Formerly 5-2-7-1)