2006 Code of Virginia § 33.1-346 - Dumping trash, companion animals, etc., on highway, right-of-way or private property; penalt...

33.1-346. Dumping trash, companion animals, etc., on highway, right-of-wayor private property; penalty.

A. It shall be unlawful for any person to dump or otherwise dispose of trash,garbage, refuse, litter, a companion animal for the purpose of disposal, orother unsightly matter, on public property, including a public highway,right-of-way, property adjacent to such highway or right-of-way, or onprivate property without the written consent of the owner thereof or hisagent.

B. When any person is arrested for a violation of this section, and thematter alleged to have been illegally dumped or disposed of has been ejectedfrom a motor vehicle or transported to the disposal site in a motor vehicle,the arresting officer may comply with the provisions of 46.2-936 in makingsuch arrest.

When a violation of the provisions of this section has been observed by anyperson, and the matter illegally dumped or disposed of has been ejected orremoved from a motor vehicle, the owner or operator of such motor vehicleshall be presumed to be the person ejecting or disposing of such matter.However, such presumption shall be rebuttable by competent evidence.

C. Any person convicted of a violation of this section shall be guilty of amisdemeanor punishable by confinement in jail for not more than 12 monthsand a fine of not less than $250 or more than $2,500, either or both.

In lieu of the imposition of confinement in jail, the court may order thedefendant to perform community service in litter abatement activities.

D. The governing bodies of counties, cities and towns are hereby authorizedto adopt ordinances not in conflict with the provisions of this section, andmay repeal, amend or modify such ordinances.

E. The provisions of this section shall not apply to the lawful disposal ofsuch matter in landfills.

(Code 1950, 33-279.1; 1950, p. 453; 1970, c. 264; 1972, c. 65; 1976, c.773; 1978, c. 226; 1981, c. 340; 1988, c. 805; 1995, c. 657; 2000, c. 20;2003, cc. 113, 787.)

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