§ 32-106. Violations.

(a)

Any law enforcement officer or employee of the county charged with the responsibility of enforcing this article may, upon observing a violation of this article, or if probable cause exists, issue a warning notice to the violator demanding that the litter be cleaned up within twenty-four (24) hours. The warning notice shall be on a form prescribed by the board of county commissioners, provided that the notice states the date and time of issuance, the nature of the offense, the name and address of the person accused, and a statement that unless the violation is corrected within twenty-four (24) hours prosecution of the violation shall commence. If the person fails to comply with the warning notice, the law enforcement officer may commence prosecution of the violation or, if the notice was issued by someone other than a law enforcement officer, a law enforcement officer may be contacted or sworn affidavits of complaint filed in order to commence prosecution.

(b)

Upon observing a violation of this article, or if probable cause exists, a law enforcement officer may commence prosecution of the violation.

(c)

Prosecution of violators of this article may be commenced by the state attorney upon receipt of an affidavit of complaint from one (1) or more persons signed and sworn to under oath before an individual authorized to take oaths, setting forth the nature and date of the violation, the identification of the violator and his address, if known, and, where applicable, the license plate number of a car or the identification of a boat from which litter was thrown or discarded in violation of this article.

(Code 1965, § 15-83(a)—(c); Ord. No. 83-24, § 13(a)—(c), 5-23-83)