§ 9-50. Litter.

(a)

No person shall throw, drop, deposit, discard, permit the intentional or accidental ejection, emission, or escape of, or otherwise dispose of litter upon any public place in the parish, upon private property in this parish not located in rural areas in this parish, whether from a vehicle or otherwise including, but not limited to any public highway, public right-of-way, public park, bench, campground, forestland, recreational area, trailer park, highway, road, street, or alley, except:

(1)

When such property is designated by the state or by any of its agencies or political subdivisions for the disposal of garbage and refuse and such person is authorized to use such property for such purpose, or

(2)

When litter is placed in a litter receptacle in such a manner that the litter will be prevented from being carried away or deposited by the elements upon any parts of said private or public property or waters.

(b)

If the throwing, dumping, or depositing of litter was done from a motor vehicle, boat, or conveyance, except a bus or large passenger vehicle or a school bus, all as defined in R.S. 32:1, it shall be prima facie evidence that the throwing, dumping, or depositing was done by the driver of the conveyance. Likewise, once it is established that thrown, dumped, or deposited litter was possessed by a specific person, firm or corporation, immediately before the act of dumping, there shall be a permissive rebuttable presumption that the possessor committed the act of throwing, dumping, or depositing.

(c)

(1)

A person may be found guilty and fined under this section although the commission of the offense did not occur in the presence of a law enforcement officer if the preponderance of the evidence presented to the court indicates that the defendant has committed the offense.

(2)

When litter dumped 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 manner indicates that the article belongs or belonged to such person, it shall be a permissive rebuttable presumption that such person has violated this article; provided, however that should such person or persons produce proper evidence or testimony that he, she or they have a contract with or can produce receipt from a commercial or other hauler indicating that payment was made thereto to haul the garbage, trash, refuse or litter, then the prima facie rebuttable presumption herein established shall be considered to have been rebutted.

(d)

The offender shall be cited for the offense by means of a ticket, summons, or other means provided by law.

(e)

Whoever violates the provisions of this section shall be fined and required to remove litter from state or parish highways or roads, public rights-of-way, public playgrounds, public parks, or any other appropriate locations. The distance of litter removal along roadways shall be 500 feet on both sides of the roadway. The fines are one hundred dollars ($100.00) for the first offense, two hundred fifty dollars ($250.00) for the second offense, and one thousand dollars ($1,000.00) for the third offense. The only offenders that may not be required to remove litter will be those individuals that can show a handicap and offenders that are considered to be out of towners. Those handicapped individuals and out of towners will be required to pay double the fine according to the offense. The only individuals that will not be required to pay the fine are individuals who can show an excessive hardship. Those hardship individuals will be required to remove double the amount of litter according to the offense. Violators of this section will have thirty days to satisfy the Justice of the Peace or Ward Constable as to the removal of litter in the area specified.

(f)

Any violation of this section may be tried in the 38th Judicial District or any appropriate Justice of the Peace Court in and for Cameron Parish in accordance with Louisiana R.S. 33:1236(54) and Louisiana R.S. 13:2586(C)(2) and (D) and Louisiana R.S. 13:2587.1.

(g)

Reserved.

(h)

All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.

(Ord. of 5-6-97; Ord. of 2-3-98; Ord. of 6-16-16)