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added to the refuse bill. A third violation within twelve (12) months shall be punishable by a fine of fifty dollars ($50.00) which shall be added to the refuse bill. Further violations within twelve (12) months shall be punishable by a fine of one hundred dollars ($100.00) which shall be added to the refuse bill. (d) Dwellings or businesses that have been granted an exemption from the refuse bill in accordance with Section 16-62 ofthis chapter are still subject to the penalties noted in l6-2c. For violations of this chapter, fines for violations shall be added to the refuse section of the water bill. In addition, the provisions of Section 16-31 may also be applied. 3. That Sections l6-5(a), 16-6(a) and (c), l6-7(a) and (b)(I), 16-31, 16-32, 16-34 through 16-37,16-39,16-62,16-64,16-66,16-69, and 16-70 of the code of the City of Portsmouth, Virginia (1988) be amended and reordained to read as follows: Sec. 16-5. Dumping trash, refuse, garbage, debris or other unsightly matter prohibited. (a) Any person shall be guilty of a Class I misdemeanor who shall dump or otherwise dispose of trash, garbage, refuse, debris or other unsightly matter on any public property, including a public highway or right-of-way and property adjacent to such highway or right-of-way, or on private property in the city without the written consent of the owner thereof or his agent. A violation of this section shall be punishable by a fine of not less than $250.00 or more than $2,500.00 and confinement in jail for not more than twelve (12) months, either or both. In lieu of the imposition of confinement in jail, the court may order the defendant to perform community service in litter abatement activities. Sec. 16-6. Storage containers generally. (a) Except as provided for in paragraph (b) herein, it shall be unlawful for garbage or trash to be placed, deposited or allowed to remain on any premises within the city unless same is placed or kept in covered containers or a rigid, tapered, galvanized steel or plastic receptacle. The cover on such receptacles or containers shall be kept on same at all times, except when the receptacle is being filled or emptied. Plastic or polyethylene bags shall be used only as liners in such receptacles and it shall be unlawful to use same as the sole means of storage of garbage or refuse on any premises within the city. (b) F or residences receiving automated refuse collection it shall be unlawful for garbage and trash to be placed, deposited or allowed to remain on any premises within the city unless same is placed in a 65- or 105-gallon container furnished by the city. The cover on such receptacle shall be kept on same at all times, except when the receptacle is being filled or emptied. Plastic or polyethylenc bags shall be used only as liners in :>t!ch