§ 46-6.2. Rebuttable presumptions.

The following shall be rebuttable presumptions in the enforcement and prosecution of the provisions of this chapter:

A. 

The placement or presence of any Dumpster Container, open box or other container used by a Licensee which is marked or identified with the name, symbol or other indicia of any Licensee, at any location within the Town, shall be presumptive evidence that said Licensee is providing Solid Waste collection services at said location within the Town as of the date of said placement or presence.

B. 

Evidence of Solid Waste in a Dumpster Container, open box or other container used by a Licensee located as described in § 46-6.2A above, and subsequent observation of the same Dumpster Container, open box or other container empty, shall be presumptive evidence that Solid Waste was collected from such Dumpster Container, open box or other container by the Licensee whose name, symbol or other indicia is marked or identifiable on such Dumpster Container, open box or other container.

C. 

The failure to deliver any Solid Waste to a publicly owned Solid Waste Management Facility designated by the Commissioner within three days of the collection of Solid Waste from any location within the Town shall be presumptive evidence that the Solid Waste was disposed of at a location other than a publicly owned Solid Waste Management Facility designated by the Commissioner.

D. 

Service upon any Person in a manner consistent with the requirements of § 46-5E(2) of this chapter shall be presumptive evidence that such notice was received by that Person.

E. 

The failure of any Person charged under this chapter to rebut the presumption shall not mean that the trier of fact must find the person guilty or that the burden of proof relative to the underlying charge(s) has been shifted upon the accused.

Added 4-6-2010 by L.L. No. 2-2010