 |
Sulphur |
 |
Code of Ordinances |
|
Chapter 17. STREETS, SIDEWALKS AND OTHER PUBLIC PLACES |
|
Article I. IN GENERAL |
§ 17-5. Littering.
(a)
Intentional littering.
(1)
No person shall intentionally dispose or permit the disposal of litter upon any public place in the city, upon private property in this city not owned by him, upon property located in rural areas in this city not owned by him, or in or on the waters of this city, whether from a vehicle or otherwise, including but not limited to any public highway, public right-of-way, public park, beach, campground, forest land, recreational area, trailer park, highway, road, street, or alley, except when such property is designated by state or by any of its agencies or political subdivisions for the disposal of such litter and such person is authorized to use such property for such purpose.
(2)
Whoever violates the provisions of this subsection shall:
a.
Upon first conviction, be fined two hundred fifty dollars ($250.00) and sentenced to serve eight (8) hours in a litter abatement work program as approved by the court.
b.
Upon second conviction, be fined five hundred dollars ($500.00) and sentenced to serve sixteen (16) hours of community service in a litter abatement work program as approved by the court.
c.
Upon third or subsequent conviction, be fined one thousand two hundred fifty dollars ($1,250.00), have his motor vehicle driver's license suspended for one year, and be sentenced to serve eighty (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 subparagraph.
(b)
Simple littering.
(1)
No person shall dispose of, or create a condition that the person knew or should have known was likely to result in the disposal of litter upon any public place in this city, upon private property in this city not owned by him, upon property located in a rural area of this city not owned by him, or in or on the waters of this city, whether from a vehicle or otherwise, including but not limited to any public highway, public right-of-way, public park, beach, campground, forest land, recreational area, trailer park, highway, road, street, or alley.
(2)
Persons found liable under the provisions of this subsection shall be assessed the following civil penalties.
a.
For the first violation, such person shall either be assessed a civil penalty of forty dollars ($40.00) or given the option to perform eight (8) hours of community service in a litter abatement work program in lieu of the assessed civil penalty.
b.
For the second and each subsequent violation, such person shall either be fined one hundred dollars ($100.00) or be given the option to perform sixteen (16) hours of community service in a litter abatement work program in lieu of payment of the civil penalty.
(c)
Whoever violates the provisions of paragraph (a), intentional littering, shall pay special court costs of seventy-five dollars ($75.00) in lieu of other costs of court and the special court costs shall be disbursed as follows:
(1)
Twenty dollars ($20.00) shall be paid to the judicial expense fund for the City Court of Sulphur.
(2)
Twenty dollars ($20.00) shall be paid to the office of the city attorney or to the municipal prosecuting attorney as the case may be.
(3)
Ten dollars ($10.00) shall be paid to the Clerk of the City Court of Sulphur.
(4)
Twenty-five dollars ($25.00) shall be paid to the law enforcement agency that issued the citation.
(d)
Whoever violates the provisions of paragraph (b), simple littering, and pays the civil penalties or fines assessed thereunder or performs the specified hours of community service shall be exempt from payment of court costs unless prosecution is required for enforcement.
(e)
(1)
If the litter is disposed from a motor vehicle, boat, or conveyance, except a bus or large passenger vehicle or school bus, all as defined in LSA—R.S. 32:1, there shall be an inference that the driver of the conveyance disposed of that litter. If such litter was possessed by a specific person immediately before the act of disposing, there shall be an inference 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 to or belonged to such person, there shall be an inference that such person has violated this section.
(f)
The person shall be cited for the offense by means of a citation, summons, or other means provided by law.
(g)
A person may be found guilty or held liable and fined under this section although the commission of the offense did not occur in the presence of a law enforcement officer if the evidence presented to the court establishes that the defendant has committed the offense.
(h)
For the purposes of this section, each occurrence shall constitute a separate violation.
(i)
In addition to penalties otherwise provided, a person convicted or held liable under this section shall:
(1)
Repair or restore property damaged by or pay damages for any damage arising out of the violation of this section.
(2)
Pay all reasonable investigative expenses and costs to the investigative agency or agencies.
(j)
Notwithstanding any provision to the contrary, this section shall not apply to any activity by persons owning or operating duly licensed commercial vehicles engaged in the collection and transportation of solid waste, construction, or demolition debris or wood waste, as such terms are defined by the rules and regulations of the department of environmental quality, occurring in the course of servicing scheduled pickup routes pursuant to commercial or local government contracts or en route to an authorized pickup station, transfer station, or disposal facility. To qualify for the exemption provided for in this subsection, the commercial vehicle shall be covered at all times, except during loading and unloading, in a manner that prevents rain from reaching the waste, prevents waste from falling or blowing from the vehicle, and ensures that leakage from the waste is not discharged from the vehicle during transportation.
(k)
Gross littering prohibited; criminal penalties; indemnification.
(1)
No person shall intentionally dispose or permit the disposal of any household or office furniture or appliances, automotive parts, including but not limited to tires and engines, trailers, boats and boating accessories, tools and equipment, building materials, roofing nails, and bags or boxes of household or office garbage or refuse upon any public place in the city, upon private property in this city not owned by him, upon property located in rural areas in this city not owned by him, or in or on the waters of this city, whether from a vehicle or otherwise, including but not limited to any public highway, public right-of-way, public park, beach campground, forest land, recreational area, trailer park, highway, road, street, or alley, except when such property is designated by the city or by any of its agencies or political subdivisions for the disposal of such items and such person is authorized to use such property for such purpose.
(2)
a.
If the litter listed in subsection (1) 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 LSA—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 an inference that the possessor committed the act of disposing.
b.
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 an inference that such person has violated this section.
(3)
The person shall be cited for the offense by means of a citation, summons, or other means provided by law.
(4)
a.
Whoever violates this provisions of this section shall, upon first conviction, be fined not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00) and sentenced to serve eight (8) hours of community service in a litter abatement work program as approved by the court.
b.
Upon second conviction, an offender shall be fined not less than one thousand dollars ($1,000.00) nor more than two thousand five hundred dollars ($2,500.00) and sentenced to serve twenty-four (24) hours of community service in a litter abatement work program as approved by the court.
c.
Upon third or subsequent conviction, an offender shall be fined not less than one thousand five hundred dollars ($1,500.00) nor more than five thousand dollars ($5,000.00), have his motor vehicle driver's license suspended for one year, be imprisoned for not more than one hundred (100) hours in a litter abatement work program as approved by the court, or all or any combination of the aforementioned penalties.
d.
The judge may require an individual convicted of a violation of this section to remove litter from state highways, public rights-of-way, public playgrounds, public parks, or other appropriate locations for any prescribed period of time in lieu of the penalties prescribed in this section.
(5)
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 evidence presented to the court establishes that the defendant has committed the offense.
(6)
For the purposes of this section, each occurrence shall constitute a separate violation.
(7)
In addition to penalties otherwise provided, a person convicted under this section shall:
a.
Repair or restore property damaged by or pay damages for any damage arising out of the violation of this section.
b.
Pay all reasonable investigative expenses and costs to the investigative agency or agencies.
(l)
Commercial littering prohibited; civil penalties; indemnification; special court costs.
(1)
No person shall dispose or permit the disposal of litter resulting from industrial, commercial, mining, or agricultural operations in which the person has a financial interest upon any public place in the city, upon private property in this city not owned by him, upon property located in rural areas in this city not owned by him, or in or on the waters of this public right-of-way, public park, beach, campground, forest land, recreational area, trailer park, highway, road, street, or alley, except when such property is designated by the city or by any of its agencies or political subdivisions for the disposal of such items and such person is authorized to use such property for such purpose.
(2)
No person shall operate any truck or other vehicle on any highway in such a manner or condition that litter resulting from industrial, commercial, mining, or agricultural operations in which the person is involved can blow or fall out of such vehicle or that mud from its tires can fall upon the roadway.
(3)
a.
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 LSA—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.
b.
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.
c.
Any industrial, commercial, mining, or agricultural operation in the city shall construct and maintain fences or walls to enclose or contain litter generated by its operations. Failure to construct or maintain an enclosure shall constitute a separate violation of this paragraph for each day that the enclosure is not built or maintained.
(4)
A person shall be jointly and severally liable for the actions of its agents, officers, and directors for any violation of this section by any agent, officer, or director in the court and scope of his employment or duties.
(5)
The person shall be cited for the offense by means of a citation, summons, or other means provided by law.
(6)
Any person found liable under the provisions of this section shall:
a.
1.
For a violation of paragraph (3)c. of this section, pay a civil penalty of five hundred dollars ($500.00).
2.
For any other violation, pay a civil penalty of one hundred dollars ($100.00).
b.
Repair or restore property damaged by or pay damages for any damage arising out of this violation of this section.
c.
Pay all reasonable investigative expenses and costs to the investigative agency or agencies.
d.
Pay for the cleanup of the litter unlawfully discarded by the defendant.
(7)
Any person found liable under the provisions of this section shall pay special court costs of fifty dollars ($50.00) in lieu of other costs of court which shall be disbursed as follows:
a.
Twenty dollars ($20.00) shall be paid to the judicial expense fund for City Court of Sulphur.
b.
Twenty dollars ($20.00) shall be paid to the office of the city attorney.
c.
Ten dollars ($10.00) shall be paid to the clerk of the City Court of Sulphur.
(8)
A person may be held liable and fined under this section although the commission of the offense did not occur in the presence of a law enforcement officer if the evidence presented to the court establishes that the defendant has committed the offense.
(9)
For the purposes of this section each occurrence shall constitute a separate violation.
(m)
Legal enforcement; penalties; payment by mail or credit card.
(1)
All criminal violations under the provisions of this part shall be prosecuted by the City Attorney of the City of Sulphur.
(2)
Civil violations under the provisions of this part shall be prosecuted by the City Attorney of the City of Sulphur.
(3)
Any person receiving a citation for any alleged violations of the provisions of this section may plead guilty to the alleged offense and pay the fine or civil penalty at the City Court of Sulphur or by mailing to the City Court of Sulphur, a certified check, money order, or bank draft or by providing to the City Court of Sulphur, in person, by phone, mail, or email a valid credit card number from a Mastercard, Visa, Discover, Diner's Club, or American Express card. If the offender fails to pay the fine or civil penalty in person, by mail, or credit card in advance of adjudication, or the credit card number provided is invalid, or the offender fails to appear at the time and date indicated on the citation, the court may impose an additional fine or penalty in an amount not to exceed the amount of the fine or the penalty for the original violation. In addition to the imposition of additional fines, penalties, or costs, the city attorney may also suspend the motor vehicle driver's license of the offender in accordance with the provisions hereof.
(4)
If an action is brought against an alleged violator under this section, it shall be tried as a summary proceeding pursuant to the Louisiana Code of Civil Procedure Article 2591 et seq.
(5)
When the penalty for violation of this section includes the suspension of a motor vehicle driver's license, such suspension shall be referred to the department of public safety and corrections and shall be handled in compliance with the provisions of LSA—R.S. 32:414 or any other provision of law or rule or regulation of the department relative to the suspension of driving privileges. Any costs of administering the suspension of driver's licenses under the provisions of this section shall be payable from the receipts of penalties assessed pursuant to this section.
(6)
Whenever the driver's license of a person has been suspended pursuant to the provisions of this chapter, the judicial officer of the court exercising jurisdiction shall immediately forward to the department of public safety and corrections notice of the time period of the suspension with information necessary for identification of the person. The department of public safety and corrections shall immediately notify the person of the suspension of his operator's license and the imposition of a fifty-dollar ($50.00) fee. The department of public safety and corrections shall also notify the person that upon expiration of the time period of suspension, and upon payment of an additional fifty dollars ($50.00) to the department, the operator's license of the person shall be renewed or reissued.
(n)
Citations; unlawful acts; records; failure to pay or appear; procedures.
(1)
Whenever any person has allegedly violated any provisions of this section, a law enforcement officer shall take the person's name, address, and driver's license number, and if the violation occurs from a motor vehicle, the license number of the motor vehicle, and shall issue a citation or summons or otherwise notify him in writing that he must appear in court at a time and place to be specified in such citation or summons.
(2)
If applicable, the citation or summons shall indicate that the alleged violator may admit liability and in lieu of appearing in court, make the payment of the applicable fines, penalties, and costs to the City Court of Sulphur by mail or credit card as outlined hereinabove. The law enforcement officer shall provide in writing the date by which the payment must be received and provide the phone number for the City Court of Sulphur. The citation or summons shall instruct the alleged violator to contact the city attorney's office to obtain the amounts of the applicable fines, penalties, and costs and advise him that if he has violated the provisions of intentional littering, he must pay special court costs of one hundred dollars ($100.00) or if having violated the provisions of commercial littering, he must pay special court costs in the amount of fifty dollars ($50.00) but notified if he has violated the provisions of simple littering, he is exempt from the payment of court costs and has the option to perform community service in a court approved litter abatement work program in lieu of paying a fine or penalty.
(3)
Each law enforcement officer upon issuing a citation or summons to an alleged violator of any provisions of this section shall deposit the original citation or summons or a copy of same with the Sulphur City Attorney's Office if the alleged violation is within the jurisdiction of the City of Sulphur.
(4)
It shall be unlawful for any law enforcement officer or any other officer or public employee to dispose of a litter citation or summons or copies thereof or of the record of the issuance of the citation or summons in a manner other than as required by the provisions.
(5)
All copies of litter citations or summons or records in conjunction therewith shall be kept by the chief administrative officer of each law enforcement agency within the parish issuing the citation or summons in accordance with the provisions. Nothing herein shall be construed as prohibiting or interfering with the authority of the city attorney or other prosecuting attorney to dismiss a litter citation or summons or litter charge by entry of a nolle prosequi.
(6)
Whenever an alleged offender fails to appear before the judicial officer at the place and the time specified in a citation or summons, or fails to contact the Sulphur City Attorney's Office to make arrangements for the payment of all fines, penalties, and costs as provided herein, then the office of the city attorney or the judicial officer of the court exercising jurisdiction shall immediately forward to the department of public safety and corrections notice of the failure to appear, with information necessary for identification of the alleged offender, and another date and time for the alleged offender to appear before the judicial officer or the city attorney. Thereupon, unless the original charges have been disposed of, the department of public safety and corrections shall immediately notify the alleged offender that:
a.
The city attorney has taken judicial notice of his failure to appear at the hearing on the date and time listed on the original citation or summon or has failed to contact the office of the city attorney to plead guilty and pay a fine, penalty, and costs or perform the required hours of community service in a liter abatement work program in lieu of an assessed fine, penalty, or costs, then the judicial officer of the court exercising jurisdiction or the city attorney shall immediately forward to the department of safety and corrections notice of failure to appear or make arrangements for payment or community service, with information necessary for identification of the alleged offender, and another date and time for the alleged offender to appear before the judicial officer or contact the office of the district attorney. Thereupon, unless the original charges have been disposed of, the department of public safety and corrections shall immediately notify the alleged offender that:
1.
The judicial officer has taken judicial notice of his failure to appear at the hearing on the date and time listed on the original citation or summons and has found him in contempt of court and his failure to appear could subject him to additional penalties and fines.
2.
He must appear before the judicial officer on a specified date and time to answer the charges for his original violation and his contempt of court.
3.
His failure to appear at this second hearing could subject him to another charge of contempt of court along with punishment of serving time in jail.
4.
Advise him that the date by which he must contact the Sulphur City Attorney's Office to make arrangements for payment of penalties or fines or to make arrangements for the performance of the required number of hours of public service as provided herein, failing which the case will be turned over to the judicial officer having jurisdiction over the violation for further court proceedings.
(Ord. No. 072, 12-13-89; Ord. No. 924, 6-8-09)