A.
It shall be unlawful for any person to drop, deposit,
discard or otherwise dispose of litter in or upon any public or private
property within the County, including but not restricted to any street,
sidewalk, park, body of water and vacant or occupied lot, except in
public receptacles or in authorized private receptacles provided for
public use, or in an area designated by the State Department of Health
as a permitted disposal site.
B.
When a violation of the provisions of this article
has been observed by any person, and the matter dumped or disposed
of has been ejected from a motor vehicle, the operator of such motor
vehicle shall be presumed to be the person ejecting such matter; provided,
however, that such presumption shall be rebuttable by competent evidence.
It shall be unlawful for any owner, agent, occupant
or lessee whose property faces a County sidewalk or the strips between
the streets and sidewalks to deposit litter onto such sidewalk or
strip between the streets and sidewalk.
It shall be unlawful for any person to sweep
or push litter from sidewalks into streets. Such litter shall be deposited
in a proper receptacle which shall be covered to prevent scattering
by wind and animals.
A.
It shall be unlawful for any owner, agent or contractor
to permit the accumulation of litter before, during or after completion
of any construction or demolition project.
B.
It shall be the duty of the owner, agent or contractor
in charge of a construction or development site to furnish litter
receptacles and to collect and contain to prevent scattering litter
on a daily basis.
It shall be unlawful for any person to distribute
commercial handbills, leaflets, flyers or any other advertising and
informational material or to distribute material in such a manner
that it litters either public or private property.
Ten days after written notice is given to any
owner, agent, occupant, operator, contractor in charge or lessee of
any business, industry or institution or construction or development
site to remove litter from the premises, the County is authorized
to clean up such property and bill the owner or his agent for the
costs thereof. If the bill has not been paid within 30 days, execution
may be issued by the County against the property for the amount expended
in the cleaning work, and such execution shall constitute a lien on
the property until the claim has been satisfied pursuant to the provisions
of Title 58.1, Articles 3 and 4 of Chapter 39 of the Code of Virginia.
Execution of the notice to remove litter shall be in writing and shall
be in the form of a certified letter.
Unless otherwise specifically provided, any
person convicted of violating any provision of this article shall
be punishable by a fine of not less than $50 and not more than $500
or by incarceration in jail for not more than 30 days, or by both
such fine and incarceration. Possible civil penalties as defined in
Title 10.1, Article 3, § 1418.1 of the Code of Virginia
are also applicable.
