§ 10-32. Unlawful dumping of waste materials.

(a)

It shall be unlawful for any person to dump, deposit, place, throw or leave, or to cause or permit the dumping, depositing, placing, throwing or leaving of litter, garbage, trash, building material, motor vehicle parts, or equipment, or recyclables such as appliances, cans, bottles, newspapers, telephone books, grass clippings, trees, tree limbs, brush or similar materials (hereinafter "waste materials") on any public or private property in the city, unless:

(1)

Such property is designated by the city for the disposal of such waste material, and such person is authorized by the proper public authority to use such property; or

(2)

Such waste material is placed into a closed waste material receptacle or container installed on such property and such person is the owner or tenant in lawful possession of such property, or has first obtained consent or direction of the owner or tenant in lawful possession, all in a manner so that the waste material may not be scattered or carried by wind or water.

(b)

It shall be unlawful for any person to place solid waste or refuse into a private or commercial container or on any property or location different from where the solid waste or refuse was generated, except:

(1)

When such container has been approved by the proper authority of the city, as designated by the mayor and council; and

(2)

Such container is designated and intended for use by the location where the solid waste or refuse was generated.

(c)

If any of the waste material dumped in violation of the provisions of subsections (a) and (b) above can be identified as having last belonged to, been in possession of, sent to or received by, or to have been the property of any person prior to its being dumped as prohibited therein, such identification shall be presumed to be prima facie evidence that such owner dumped or caused to be dumped such matter and material in violation of this chapter, until otherwise proven.

(d)

Violations of this section shall be punishable as a misdemeanor as provided in this Code.

(Ord. No. 2004-26, § 1, 6-21-04)