§ 9-33. Littering streets and premises.

(a)

Generally. It shall be unlawful for any person to throw, dump, or discharge any gravel, cement, paper, wood, garbage, cans, trash, debris, refuse, or litter of any kind upon the public streets or other public property of the City of Tuscumbia or its police jurisdiction or upon any premises or vacant lot. It shall be a defense to a violation of this section, in cases involving private property, that such littering was done with the express consent of the person having charge or control of said premises. The burden of injecting this issue shall be on defendant, but this does not shift burden of proof.

(b)

Littering from motor vehicle.

(1)

It shall be unlawful for any person or persons to dump, deposit, or discharge, or to cause, or permit, the dumping, depositing, or discharging of, any gravel, cement, paper, wood, garbage, cans, trash, debris, refuse, or litter of any kind from a motor vehicle upon the public streets or other public property of the City of Tuscumbia, or its police jurisdiction or upon premises or vacant lot unless said motor vehicle is being utilized for the carriage of passengers for hire.

(2)

The dumping, depositing, or discharging of litter of any kind herein above prohibited from a motor vehicle upon the public streets or other ways of the city, or its police jurisdiction, or upon premises or vacant lot in violation of this section, shall raise a prima facie presumption the driver or operator of said motor vehicle committed, authorized, or permitted the violation herein prohibited.

(Ord. No. A-104, § 102, 5-10-93)

Cross reference

Similar provisions, § 9-14.