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A. Any person violating the provisions of BMC 8.44.040 is guilty of a civil infraction, which penalty shall be assessed as follows:

1. The penalty shall be a Class 3 civil infraction which involves a maximum penalty and default amount of $50.00, not including statutory assessments, for a person who litters in an amount less than or equal to one cubic foot.

2. The penalty shall be a Class 1 civil infraction, with a maximum penalty and default amount of $250.00, not including statutory assessments, for a person who litters in an amount greater than one cubic foot.

B. Unless suspended or modified by a court, the person shall also pay a litter clean up fee of $25.00 per cubic foot of litter. The court may, in addition to or in lieu of part or all of the clean up fee, order the person to pick up and remove litter from the property, with prior permission of the legal owner or, in the case of public property, of the agency managing the property. (Ord. 1528 § 1, 1993; Ord. 697 § 3.4, 1973).