§ 34-200. Simple littering prohibited; civil penalties; disbursement of costs.

(a)

No person shall dispose or permit the disposal of litter upon any public property or private property located within the areas of the parish, 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 alley except when such property is designated by the parish or by any of its agencies or political subdivisions for the disposal of such litter and such person is authorized to use such property for such purpose. The term "permit" as used in this section is synonymous with the inference referenced in subsections (d) and (d)(l) herein. For purposes of this division, "motor vehicle:" shall have the meaning ascribed to it in La. R.S. 32:1.

(b)

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 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.

(d)

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 La. R.S. 32:1, there shall be an inference that the driver of the motor vehicle disposed of the litter unless the driver can prove that another person disposed of the litter in accordance with the following:

(1)

Except as provided in subsection (d)(2) of this section, when the identity of the driver of the motor vehicle is not known, there shall be an inference that the owner of the motor vehicle was the driver of the motor vehicle and the owner shall be solely liable for 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)

An owner of a motor vehicle who is engaged in the business of renting or leasing motor vehicles under written rental or leasing agreements (lessor) shall not be liable for litter fines, fees or costs pursuant to subsection (d)(l) of this section if, within 30 days after receiving the citation, the owner 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 above provision of subsection (d)(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 (d)(2) of this section shall be treated as any other owner and shall be solely liable for litter fines, fees and costs for the disposal of 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, such citation shall be dismissed by the prosecutor.

(6)

An owner or driver who pays litter fines, fees or costs pursuant to subsection (d) of this section shall have the right to recover same from the person who committed the act of littering by filing a civil suit outside the regulations contained in this division.

(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 indicate that the article belongs or belonged to such person, there shall be an inference that such person has violated this section.

(f)

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 or shall be given the opportunity to perform up to eight hours of community service in a court-approved litter abatement work program in lieu of the $75.00 fine. The offender shall also be assessed a $15.00 administrative fee if the offender chooses to mail in the assessed fine. The offender shall also have the option of requesting a hearing and paying special court costs under subsection (g)(3) of this section.

(2)

For a second and each subsequent violation, the offender shall be assessed a $500.00 fine or shall be given the opportunity to perform up to 16 hours of community service in a court-approved litter abatement work program in lieu of the $500.00 fine. For a second and each subsequent violation, it shall be mandatory that the alleged offender appear in the court exercising jurisdiction; there shall be no option of mailing in the assessed fine.

(3)

For each violation, if a hearing is requested or required, the offender shall pay special court costs of $100.00 which shall be disbursed and payable as set forth in section 34-205 of the Code. Court costs shall be paid whether the offender is assessed a fine or performs community service.

(g)

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 has committed the offense.

(h)

For the purposes of this section, each occurrence involving a distinct and identifiable item of litter shall constitute a separate violation.

(i)

In addition to penalties otherwise provided, a person held liable 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.

(2)

Pay all reasonable investigative expenses and costs to the investigative agency or agencies.

(j)

Exception. Notwithstanding any provision to the contrary, this section shall not apply to any activity by persons owning or operating duly licensed commercial vehicles engaged in the collection and transportation of solid waste, construction, or demolition debris or wood waste, in the course of servicing scheduled pickup routes or en 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, prevents waste from falling or blowing from the vehicle, and ensures that leachate from the waste is not discharged from the vehicle during transportation.

(Ord. No. O-082-2006, § 4, 5-2-06; Ord. No. O-039-2007, § 3, 3-6-07; Ord. No. O-235-2014, § 3, 12-2-14)

Editor's note

Ord. No. O-235-2014, § 3, adopted Dec. 2, 2014, changed the title of § 34-200 from "Littering prohibited; civil penalties, disbursement of costs" to read as set out herein.