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ORDINANCE NO. 2004-09 <br /> <br />AN ORDINANCE TO AMEND CHAPTER 16 OF THE CODE OF THE CITY OF <br />PORTSMOUTH, VIRGINIA (1988) BY AMENDING SECTION 16-5 THEREOF <br />PERTAINING TO GARBAGE AND REFUSE. <br /> <br /> BE IT ORDAINED by the Council of the City of Portsmouth, Virgima: <br /> <br /> 1. That Section 16-5 of the Code of the City of Portsmouth, Virginia (1988) be <br />amended and reordained to read as follows: <br /> <br />Sec. 16-5. Dumping trash, refuse, garbage, debris or other unsightly matter prohibited. <br /> <br /> (a) Any person shall be guilty of a Class 1 misdemeanor who shall dump or otherwise <br />dispose of trash, garbage, refuse, debris or other unsightly matter on any public property, <br />including a public highway or right-of-way and property adjacent to such highway or right-of- <br />way, or on private property in the city without the written consent of the owner thereof or his <br />agent. <br /> <br /> (b) When any person is arrested for a violation of this section and the matter alleged <br />to have been dumped or disposed of has been ejected from a motor vehicle, the arresting officer <br />may comply with the provisions of Section 46.2-936 of the Code of Virginia in making such <br />arrest. <br /> <br /> (c) When a violation of the provisions of this section has been observed by any <br />person and the matter dumped or disposed ofhas been ejected from a motor vehicle, the owner <br />or operator of such motor vehicle shall be presumed to be the person ejecting such matter. Such <br />presumption shall be rebuttable by competent evidence, <br /> <br /> (d) When a person is convicted of a violation this section, the court may suspend the <br />imposition of any sentence upon such person, on the condition that the defendant volunteer his <br />services for such period of time as the court may designate to remove trash, garbage, refuse, <br />debris or other unsightly matter from public or private property as designated by the court. <br /> <br /> (e) Police officers and fire marshals are authorized and designated to enforce the <br />provisions in Sections 16-3 and 16-5 of this Chapter. <br /> <br /> 2. That this ordinance shall take effect on the date of its adoption. <br /> <br /> ADOPTED by the Council of the City of Portsmouth, Virginia, at a meeting held <br />on February 10, 2004. <br /> <br /> Teste: <br /> <br /> <br /> City Clerk <br /> <br /> <br />