§ 34-45. Litter.

(a)

The County Manager or designee shall have the authority to appoint at least one employee as both "Litter Enforcement Officer" and "Environmental Enforcement Officer" as defined by N.C. Gen. Stat. §§ 14-399 and 153A-136(a)(6a) respectively to be known as Environmental Enforcement Officer(s).

(b)

The Environmental Enforcement Officers shall have the authority and duty to issue citations for violations of this Ordinance pursuant to N.C. Gen. Stat. §§ 14-4 and 14-399.

(c)

It is the intent of this Ordinance that each person is responsible for the proper management of his own waste and is responsible for all acts involving vehicles and equipment owned by him. The owner of a vehicle shall be responsible for dumping, littering and other violations in which his vehicle is used.

(d)

The addressee of first class mail shall be responsible for the proper management of the paper associated with that mail when it becomes waste. The presence of first class mail in waste material shall be prima facia evidence that the addressee owns that mail.

(e)

The owner, person, or organization in control of any property which is held out to the public as a place for assemblage, the transaction of business, recreation or as a public way and including but not limited to: restaurants, shopping centers, fast food outlets, convenience stores, hotels, motels, industrial establishments, apartment buildings, housing project, construction sites, loading and unloading docks, gas stations, trailer parks, hospitals and clinics shall at all times keep the premises clean of all litter thrown or left on said premises and shall take measures, including if necessary, immediate cleanup of the premises to prevent litter from drifting or blowing to adjoining premises.

(f)

Any person, firm or corporation violating any of the provisions of this Ordinance shall be subject to the imposition by citation of a civil penalty for each such violation of not less than $50.00 and not to exceed $500.00. The offender may also be held responsible for correcting the violation to the satisfaction of the Litter Enforcement Officer or another citation will be issued.

(g)

Enforcement of this section does not preclude additional prosecution by the Orange County Sheriffs Office for criminal litter based on weight of materials.