Enforcement by code inspectors/enforcement officers; civil infraction notice

(a)

Enforcement of this section may be enforced by either a code enforcement inspector or sanitation enforcement officer as follows:

(1)

If a code inspector as defined in section 2-813 finds a violation of this article, such code inspector shall issue a civil infraction notice to the violator pursuant to the provisions in sections 2-823 through 2-830.

(2)

If an enforcement officer as defined in section 22-1 finds a violation of this article, such code inspector shall issue a civil infraction notice to the violator pursuant to the provisions in section 22-93.

(b)

At any prosecution for violation of this section when the litter involved is a commercial handbill, if ten or more commercial handbills advertising the same business or benefactor are found in plain view as litter under circumstances that make it more likely than not that the commercial handbills were placed there, or caused to be placed there, by an agent, employee, contractor, promoter, or other representative of the business or benefactor advertised on the face of the handbills, the special master shall apply a rebuttable presumption that the business or benefactor advertised on the face of the handbills threw, discarded, placed or deposited the commercial handbills as litter.

(c)

If a person is found littering with commercial handbills, the code inspector is authorized to seize, for use as evidence in the prosecution of the person, business or benefactor before the special master, all commercial handbills in the possession of the person.

(d)

The city may cause the removal, at the violator's expense, of all litter distributed or placed in violation of this section.

(Ord. No. 12972, § 2, 2-14-08; Ord. No. 13503, § 2, 3-12-15)

Editor's note— Ord. No. 13503, § 2, adopted March 12, 2015, redesignated the former sections 22-182—22-184 as sections 22-183—22-185. The historical notation of the former sections has been preserved for reference purposes.