5.45.030 Littering prohibited – Penalties – Presumption.
(1) Littering prohibited – generally. No person shall throw, drop, deposit, discard, or otherwise dispose of litter upon any park, street, sidewalk, or any other public place in the city or upon a private residence or other private property not owned by that person or in any fountains, ponds, or other waters or watercourses within the city whether from a vehicle or otherwise except:
(a) when such property is designated by the state or any of its agencies or the city for the disposal of litter and/or solid waste; or
(b) into a litter receptacle or other container in such manner that the litter will be prevented from being carried away or deposited by the elements upon any public place, private residence, or other private property.
(2) Sweeping litter into gutter prohibited. No person shall sweep into or deposit in any gutter, street, or other public place any accumulation of litter, except sand or gravel from street construction and snow plowing, without immediately thereafter removing the litter from the gutter, street, or other public place. Leaves may be swept or deposited in a street for city pick-up at such times and on such conditions as announced by the city's director of public works.
(3) Penalties. Any person violating the provisions of this Section 5.45.030 shall be guilty of a civil infraction as defined in Section 1.02.010 PCC and the fine for such violation shall not be less than fifty dollars for each offense. In addition thereto, except where infirmity or age or other circumstance would create a hardship, such person shall be directed by the court in which conviction is obtained to pick up and remove litter from public property and/or private property, with prior permission of the legal owner or person in control of the property, for not less than eight hours nor more than sixteen hours for each separate offense. The court shall schedule the time to be spent on such activities in such a manner that it does not interfere with the person's employment and does not interfere substantially with the person's family responsibilities.
(4) Presumption. In any action brought to enforce the provisions of this Section 5.45.030, the fact that the same name or other indicia of identity of the same person appears on three or more separate pieces of litter shall be prima facie evidence and raise a rebuttable presumption that that person has thrown, dropped, deposited, or otherwise discarded litter in violation of this section. (Ord. 90-14 §3, 1990).