ยง PH 1-106 Litter
[Added 6-15-1993 by Bill No. 93-8]
(a) Definitions. As used in this section, unless the context clearly requires otherwise, the following words or phrases shall have the following meanings:
LITTER
All rubbish, waste matter, refuse, garbage, trash, debris, dead animals or other discarded materials of every kind and description.
PUBLIC OR PRIVATE PROPERTY
Includes the right-of-way of any road or highway, any body of water or watercourse or the shores or beaches thereof, any park, parking facility, playground, public service company property or transmission line right-of-way, building, refuge or conservation or recreation area, any residential or farm properties, timberlands or forests.
(b) Littering prohibited. It shall be unlawful for any person or persons to dump, deposit, throw or leave or to cause or permit through neglect or by intent the dumping, depositing, throwing or leaving of litter on any public or private property in Worcester County or in any waters of Worcester County, unless:
(1) Such property is designated by the county or by any other governmental agencies for the disposal of such litter and such person is authorized by the proper public authority to use such property;
(2) Such litter is placed into a designated litter receptacle or container installed on such property; or
(3) Such litter is placed in a container or bag in a specified location for the purpose of subsequent pickup by a licensed solid waste hauler.
(c) Presumption of responsibility for violation. Whenever litter is thrown, deposited, dropped or dumped from any motor vehicle, boat, airplane or other conveyance in violation of Subsection (b) of this section, and if the vehicle, boat, airplane or other conveyance has two or more occupants and it cannot be determined which occupant is the violator, the owner of the vehicle, boat, airplane or other conveyance, if present, shall be presumed to be responsible for the violation; in the absence of the owner of the vehicle, boat, airplane or other conveyance, the operator shall be presumed to be responsible for the violation. Furthermore, any single accumulation or deposit of litter which shall have two or more items bearing a person's name or other indication of identification shall be considered prima facie evidence that said person deposited said litter and shall be presumed to be responsible for the violation.
(d) Penalties. Any person violating the provisions of Subsection (b) of this section is guilty of a civil infraction.