§ 23-2. Unlawful discarding and dumping of solid waste; increased surveillance of known dump sites.
(a)
Purpose . This section is intended to discourage the unlawful discarding or dumping or solid waste in the city. It is intended to complement existing state and local laws concerning the subject.
(b)
Definitions .
(1)
"Municipality" or "city" means the City of Pine Bluff, Arkansas.
(2)
"Person" means any individual, corporation, company, firm, partnership, association, trust, institution, venture, or other legal entity, however organized.
(3)
"Solid waste" means any garbage or refuse, sludge from a waste-water treatment plant, water supply treatment plant, or air pollution control facility, and other discarded material, such as, e.g., but not limited to, appliances, furniture, construction and building materials, motor vehicles, motor vehicle parts, scrap metal, carpet, logs and lumber, waste from industrial, commercial, mining, and agricultural operations, and from community activities, hot water tanks, wire fences, bed springs, old papers, glass or plastic, tree stumps, broken concrete, brush, tree limbs, cans, or any material deleterious to the public health and safety.
(4)
"Unlawful discarding or dumping" means the disposal of solid waste by a person in a manner or at a location not authorized by law.
(c)
Conduct prohibited/penalty .
(1)
a.
No person shall discard, place, or dump solid waste on any property, public or private, within the city, at any time, unless the property has been approved for such discarding, placement or dumping by the city or by another governmental agency authorized to do so.
b.
No person shall deposit in a residential trash container or open top container intended for residential use any commercial or industrial construction or demolition debris, residue or solid waste.
(2)
A person convicted of violating the provisions of this section shall (1) for the first offense, be fined $100.00; (2) for a second offense, be fined between two hundred fifty dollars ($250.00) and five hundred dollars ($500.00); and, (3) for a third or more offense, be fined between five hundred dollars ($500.00) and one thousand dollars ($1,000.00), or incarcerated in the Jefferson County Detention Center for no more than forty-eight (48) hours, or be sentenced to a fine and incarceration within the prescribed parameters. In addition, the district court, in addition to or in lieu of the penalties set forth herein, may also order the offender to perform up to fifteen (15) days of community service engaging in trash and rubbish pickup.
(d)
Rebuttable presumption . A rebuttable presumption shall arise in a prosecution for unlawful discarding or dumping brought under this section to the effect that, if it can be proved that one (1) or more items of solid waste bear the name or names of one (1) or more persons in such a form as to indicate that the person or persons were the owners of those items and those items were unlawfully discarded or dumped, then the person or persons are presumed to have committed the unlawful discarding or dumping.
(e)
Known sites of unlawful dumping . Locations known to law or code enforcement as the sites of the unlawful dumping shall be monitored by the police and inspection departments and when feasible, given increased observation in the attempt to apprehend offenders. The use of video cameras is authorized to monitor sites when and if funds become available.
(Ord. No. 6471, §§ 1—5, 12-16-13)