§ 10-5-44. PLACING OBJECTS ON PUBLIC PROPERTY.

(A)

A person commits an offense if the person places, or authorizes to be placed, an object designed to attract the attention of the public on a tree, building, pole, or structure that is on or over public property or public right-of-way.

(B)

If a violation of Subsection (A) occurs, the primary beneficiary of the object is presumed to have committed the violation.

(C)

It is a defense to prosecution that placement of the object was authorized or required by city, state, or federal law.

(D)

Proof of a culpable mental state is not required for conviction of an offense under this section.

(E)

An offense under this section is punishable by a fine of not less than:

(1)

$50 for a first conviction;

(2)

$200 for a second conviction within any 24-month period; and

(3)

$400 for a third or subsequent conviction within any 24-month period.

(F)

To determine the minimum fine under Subsection (E), one or more fines assessed during a 24-hour period beginning at midnight and ending at 11:59 p.m. constitute a single conviction.

(G)

A person who commits an offense under Subsection (A) shall remove the object. In addition to other enforcement remedies, a person who fails to remove an object within 48 hours after being notified of the offense in writing by an authorized City representative is subject to a civil penalty of $200 per day for every day or part of a day the object is in place.

(H)

The city manager may remove an object placed on or over public property or public right-of-way in violation of this section. The city manager is not required to give notice to the owner or beneficiary of an object removed under this section, either before the removal or before the disposition or destruction of the object.

(I)

The remedies authorized under this section are cumulative. If the City files a civil or criminal action, it is not precluded from pursuing any other action or remedy.

Source: Ord. 031030-11; Ord. 031023-11; Ord. 031211-11; Ord. 040422-49.