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AN ORDINANCE TO ~END THE CODE OF THE CITY OF POR~'SMOUTH, VIRGINIA, 1973, AS AMENDED, BY ADDING SECTION 39-17, PER- TAINING TO THE PROHIBITION OF DUMPING TRASH, REFUSE, GARBAGE, DEBRIS OR OTHER UNSIGHTLY MATTER IN THE CITY OF PORTSMOUTH. BE IT ORDAINED by ~he Council of the City of Portsmouth, Virginia: 1. That the Code of the City of Portsmouth is hereby amended by adding Section 39-17 to Chapter 39 thereof, said section to read as follows: Section 39-17. Dumping krash, refuse, garbage, debris or other unsightly matter in the City of Portsmouth is prohibited. (a) Any person shall be guilty of a misdemeanor who shall dump or otherwise dispose of trash, garbage, refuse, debris or other unsightly matter on any public highway, private right-of-way, property adjacent to such highway or right- of-way, or on private property in the City of Portsmouth, without the written consent of the owner thereof or his agent. (b) When any person is arrested for a violation of this section and the matter alleged to have been dumped or disposed of on the highway, right-of-way, property adjacent to such highway or right-of-way or private property has been ejected from a motor vehicle, the arresting officer may comply with the provisions of Section 46.1-178 of the Code of Virginia, 1950~ as amended, in making such arrest. (c) When a violation of the provisions of this section has been observed by any person, and the matter dumped or disposed of on the highway, right-of-way, property adjacent to such highway or right-of-way~ or private property has been ejected from a motor vehicle, the owner or operator of such motor vehicle shall be presumed to be the person ejecting such trash, garbage, refuse, debris, or othez unsightly matter; provided~ however, that such presumption shall be rebuttable by competent evidence. (d) Any person convicted of such violation shall~be guilty of a Class 1 Misdemeanor; provided, however, that the Court may suspend the imposition of any sentence upon conviction of any person in violation of this ordinance, on the condition that the defendant volunteer his services for such period of time as the Court may designate to re- move trash, garbage, refuse, debris or other unsightly mat%er from a public highway, right-of-way, property adjacent to such highway or right-of-way, or upon private property or public property as designated by the Court.