§ 11-194. Violations, enforcement and penalties.

(a)

Violations. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this article. Any person who has violated or continues to violate the provisions of this article, may be subject to the enforcement actions outlined in this section or may be restrained by injunction or otherwise sentenced in a manner provided by law.

(b)

Evidence.

(1)

Whenever litter is thrown, deposited, dropped or dumped from any motor vehicle, boat, airplane, or other conveyance in violation of this article, it shall be prima facie evidence that the operator of the conveyance has violated this article.

(2)

Except as provided in subsection (1), whenever any litter which is dumped, deposited, thrown or left on public or private property in violation of this article is discovered to contain any article or articles, including but not limited to letters, bills, publications or other writing which display the name of the person thereon in such a manner as to indicate that the article belongs or belonged to such person, it shall be a rebuttable presumption that such person has violated this article.

(c)

Penalties. Any person who violates this article shall be guilty of a violation and, upon conviction thereof, shall be punished as follows:

(1)

By a fine of not less than two hundred dollars ($200.00) and not more than one thousand two hundred dollars ($1,200.00); and

(2)

In addition to the fine set out in subsection (1) above, the violator shall reimburse the City of Cartersville for the reasonable cost of removing the litter when the litter is or is ordered removed by the city; and

(3)

a.

In the sound discretion of the court, the person may be directed to pick up and remove from any public street or highway or public right-of way for a distance not to exceed one (1) mile any litter he has deposited and any and all litter deposited thereon by anyone else prior to the date of execution of sentence; or

b.

In the sound discretion of the court, the person may be directed to pick up and remove any and all litter from any public property, private right-of-way, or with prior permission of the legal owner or tenant in lawful possession of such property, any private property upon which it can be established by competent evidence that he has deposited litter. Pick up and removal shall include any and all litter deposited thereon by anyone prior to the date of execution of sentence; and

(4)

The court may publish the names of persons convicted of violating this article.

(d)

Enforcement. All code enforcement officers of the city, law enforcement agencies, officers and officials of this state or any political subdivision thereof, or any enforcement agency, officer or any official of any commission of this state or any political subdivision thereof, are hereby authorized, empowered and directed to enforce compliance with this article.

(Ord. No. 47-06, § 1, 7-20-06)