(a) Notwithstanding any overlapping of agency responsibilities described under section 1553(c)–(g) of this chapter, each such agency shall be empowered and required to carry out the enforcement functions described thereunder.
(b) Peace officers, as defined in this chapter, shall carry a suitable badge indicating their enforcement authority and may—
(1) arrest any person for violations of this chapter committed in a public place pursuant to subsections (d)–(f) of this section, and
(2) issue a citation or notice of non-compliance to any person owning or occupying any public or private property or operating any establishment in violation of this chapter.
(c) In case of permit violations or violations of this chapter or regulations promulgated hereunder by any owner or operator of a waste collection or transportation service, the Waste Management Authority, or the Commissioner of Planning and Natural Resources in the case of a waste disposal facility, shall issue a notice of non-compliance to the owner or operator of the facility. Such notice shall state the nature of the non-compliance, the steps needed for correction, and a time limit for compliance. Each day the violation continues shall be considered a separate offense, for which the Commissioner or Authority with jurisdiction may assess a civil fine of not to exceed $200 for each offense. In case of permit violations, if the violation is not corrected within the period specified, the Agency or Authority issuing the permit may issue notice in writing to the permittee that his permit has been suspended or cancelled for cause.
(d) In case of licensing violations or violations of this chapter or regulations promulgated hereunder by any owner or operator of a redemption center, the Waste Management Authority shall issue a notice of non-compliance to the owner or operator of the facility. Such notice shall state the nature of the non-compliance, the steps needed for correction, and a time limit for compliance. Each day the violation continues shall be considered a separate offense, for which the Waste Management Authority may assess a civil fine not to exceed $200.00 for each offense. In case of licensing violations, if the violation is not corrected within the period specified, the Waste Management Authority may issue a notice in writing to the licensee that his license has been suspended or cancelled for cause.
(e) Whenever any person is apprehended for any violation of this chapter committed in a public place the apprehending peace officer may serve upon him a citation and levy of fine, which citation and notice shall be in a form approved by the Superior Court and shall be known as a “litter ticket”. A litter ticket shall include spaces for the name and address of the person cited, the offense charged and the time and place of its commission. Such spaces shall be filled with the appropriate information by the apprehending officer. The ticket shall also indicate the fine to be paid and a time limit for payment. If the fine is not paid within the stated time, a summons to appear in court shall be issued and, if the violation was committed from a motor vehicle, boat or aircraft, a lien may be placed against same until the fine is paid. Upon the cited person's refusing to furnish his name and address, he may be taken into custody by the apprehending officer; provided, that a peace officer shall not serve or issue a litter ticket for any offense or violation except when the same is committed in his presence. For the purposes of this chapter the “Uniform Traffic Ticket” in the form prescribed by the District Court may be used by members of the police force as “litter tickets”.
(f) Any person willfully failing to pay a fine or appear in court as provided for in subsection (d) of this section shall be guilty of a misdemeanor regardless of the disposition of the litter law violation or offense for which he was originally cited; provided, that appearance in court may be complied with by an appearance by counsel; and provided, further, that any violations clerk for traffic offenses, duly constituted pursuant to rule 160 of the rules governing the Superior Courts, shall have the additional function to accept appearances, waiver of trial, plea of guilty and payment of costs and fines for violations of this subsection, hereinafter referred to as “litter offenses”, subject to the following limitations and provisions:
(1) The violations clerk shall serve under the direction and control of the court appointing him.
(2) The court shall by order, which may from time to time be amended, supplemented or repealed, designate the litter offenses within the authority of the violations clerk; provided, that such offenses shall in no event include offenses cognizable in the District Court or violations resulting in property damage or personal injury.
(3) The court, by published order to be prominently posted in the place where the fines are to be paid, shall specify by suitable schedules the amount of the fines to be imposed for first, second and subsequent offenses, designating each offense specifically in the schedules; provided, that such fines shall be within the limits declared by this chapter.
(4) Any person charged with a litter offense within the authority of the violations clerk may appear in person before the clerk and upon signing a plea of guilty and waiver of trial, pay the fine established for the offense charged, and costs. He shall, prior to such a plea, waiver, and payment, be informed of his right to stand trial, that his signature to a plea of guilty will have the same force and effect as a court judgment, and that the record of conviction will be sent to the Police Commissioner.
(5) Any person, subject to the provisions of subsection (f) hereof, residing outside the judicial district in which he is charged with a litter offense may, as an alternative to personal appearance before the violations clerk, telephone the violations clerk, determine the amount of the fine and costs, and forthwith mail the same, together with a signed plea of guilty and waiver of trial, to the violations clerk.
(g) No person who has been found guilty or who has signed a plea of guilty to three previous litter offenses in the current calendar year shall be permitted to appear before the violations clerk unless the court shall, by general order applying to certain specified offenses, permit such appearance, conditioned upon the payment of a substantially increased fine, which increase shall be specified in such general order.
(h) The provisions of this chapter with regard to the apprehension or arrest of persons violating the same shall govern all peace officers in making arrests without a warrant for offenses committed in their presence, but the procedure prescribed herein shall not otherwise be exclusive of any other method prescribed by law for the arrest and prosecution of a person for a misdemeanor.