§ 86-35. Littering from a motor vehicle.  


Latest version.
  • (a)

    For purposes of this section, "litter," shall have the meaning ascribed to it in chapter 34, "Environment," article II, "Nuisances," division 1, "Generally," section 34-31, "Definitions," of the Code. Further, for purposes of this section, "motor vehicle," shall have the meaning ascribed to it in La. R.S. 32:1.

    (b)

    It shall be unlawful for the operator of a motor vehicle to dispose or permit the disposal of litter upon any public street or highway located within the parish 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 public street or highway for such purpose. The term "permit" as used in this section is synonymous with the inference referenced in subsection (d) herein.

    (c)

    A traffic violation for littering may be brought in Lafayette City Court, and Lafayette District Court shall have concurrent jurisdiction with Lafayette City Court over all litter violations.

    (d)

    (1)

    If the litter is disposed of from a motor vehicle, boat, or conveyance 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 conveyance disposed of the litter. If such litter was possessed by a specific person immediately before the act of disposing, there shall be a permissive rebuttable presumption that the possessor committed the act of disposing.

    (2)

    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, which display the name of a person or in any other manner indicate that the article belongs or belonged to such person, there shall be a permissive rebuttable presumption that such person has violated this section.

    (e)

    Whoever violates this section, excluding the littering of cigarettes, cigarette butts, cigars, cigarillos, or cigar or cigarillo tips, shall be fined in accordance with the following schedule:

    (1)

    For a first conviction of the offense or plea of nolo contendere, the fine shall be $250.00.

    (2)

    For a second conviction of the offense or plea of nolo contendere, the fine shall be $500.00. The second offense must occur within ten years of the first offense for this provision to apply.

    (3)

    For a third and all subsequent convictions of the offense or pleas of nolo contendere, the fine shall be $500.00 and not less than three days nor more than 30 days in jail, without the possibility of home incarceration. The third or subsequent offense must occur within ten years of the prior offense(s) for this provision to apply.

    (f)

    Whoever violates the provisions of this section by the disposal of cigarettes, cigarette butts, cigars, cigarillos, or cigar or cigarillo tips from a motor vehicle shall:

    (1)

    Upon first conviction, be fined no greater than $300.00 and sentenced to serve no greater than eight hours of community service in a litter abatement work program as approved by the court.

    (2)

    Upon second conviction, be fined no greater than $750.00 and sentenced to serve no greater than 16 hours of community service in a litter abatement work program as approved by the court. The second offense must occur within ten years of the first offense for this provision to apply.

    (3)

    Upon third or subsequent conviction, be fined no greater than $1,000.00, have his motor vehicle driver's license suspended for one year, and be sentenced to serve no greater than 80 hours of community service in a litter abatement work program as approved by the court, or all or any combination of the penalties provided by this subsection. The third or subsequent offense must occur within ten years of the prior offense(s) for this provision to apply.

    (g)

    Court costs shall be assessed in addition to the fines authorized by this section.

    (h)

    Any person charged with a first offense may pay the assessed fine to the appropriate agency within the time specified in the citation upon entering a plea of guilty or nolo contendere and upon waiving appearance in court, or shall have the option of entering a plea of not guilty and shall be entitled to a trial as authorized by law. The payment of a fine to the appropriate agency shall be deemed an acknowledgement of conviction of the alleged offense. The appropriate agency, upon accepting the fine, shall issue a receipt to the violator acknowledging payment thereof. Further, if a person mails in his/her fine on a first offense instead of making a court appearance, he/she shall be assessed a $15.00 administrative fee and execute a waiver of his/her rights to Boykinization in the form and substance prescribed by the court of appropriate jurisdiction and remains subject to the enhanced penalties for subsequent violations.

    (i)

    As to any person charged with a second or subsequent offense, 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.

(Ord. No. O-236-2014, § 3, 12-2-14)