§ 13-4-105. OFFENSIVE MATERIAL ON PUBLIC OR PRIVATE PROPERTY.

(a)

Public property. Except as authorized by state law, a person may not throw, cast, or deposit any dead carcass or parts of a dead carcass, dead fish, offal of any kind, garbage, or any excrement or filth from vaults or privies or any other solid waste into or on any highway, byway, or alley, lot or tract of land in the county, or any groundwaters or surface waters of the county.

(b)

Private property. A person may not allow the materials described in subsection (a) of this section to be deposited on the person's property without obtaining a permit from the Department of Permits, Approvals and Inspections on terms and conditions that the Department of Permits, Approvals and Inspections may prescribe in the permit.

(c)

Exception.

(1)

This section does not prohibit a farmer from spreading or allowing to be spread manure on land that the farmer cultivates or that is cultivated for the purpose of enriching the soil for cultivation of crops.

(2)

If the use authorized under this section constitutes a public nuisance in the judgment of the Department, the Department may order cessation of the use.

(3)

A person who violates an order to cease spreading manure is subject to the same penalties provided for a person refusing to obtain a permit under this title.

(d)

Violation a misdemeanor. A person who violates the provisions of this section is guilty of a misdemeanor.

(1988 Code, § 32-6) (Bill No. 156, 1989, § 1, 12-11-1989; Bill No. 105-00, § 2, 7-1-2004; Bill No. 122-10, §§ 6, 30, 1-16-2011)