358                              Laws of Maryland                      [Ch. 106

(in) such person is the owner or tenant in lawful possession of
such property; or has first obtained consent of the owner or tenant in
lawful possession, or unless the act is done under the personal direc-
tion of said owner or tenant, all in a manner consistent with the
public welfare.

(2) It shall be unlawful for any person or persons to throw,
dump, or deposit any trash, junk, or other refuse upon any highway,
or to perform any act which constitutes a violation of the State of
Maryland's Vehicle Laws relative to putting trash, glass and other
prohibited substances on highways.

(e)    Penalties. Any person violating the provisions of Subsection
(d) of this Act is guilty of a misdemeanor and upon conviction thereof
shall be punished by:

(1)    a fine of not more than $250.00, or by imprisonment for not
more than 30 days, or both such fine and imprisonment, or, in lieu
thereof,

(2)    in the sound discretion of any court in which conviction is
obtained, any such person may be directed by the judge of such court
to pick up and remove from any public street or highway or public
or private right-of-way, or public beach or public park, or, with prior
permission of the legal owner or tenant in lawful possession of such
property, any private property upon which it has been established by
competent evidence that he has deposited litter, any and all litter
deposited thereon by anyone prior to the date of execution of sentence
but if,

(3)    the violation of a provision of Subsection (d) of this Act
also constitutes a violation of another Article of this Code which
imposes a more severe punishment, then that punishment may also be
imposed.

(f)    Prima facie evidence. Whenever litter is thrown, deposited,
dropped or dumped from any motor vehicle, boat, airplane or other
conveyance in violation of Subsection (d) of this Act, and if the
vehicle, boat, airplane or other conveyance has two or more occupants
and it cannot be determined which occupant is the violator, the owner
of the vehicle, boat, airplane or other conveyance, if present, shall
be presumed to be responsible for the violation; in the absence of the
owner of the vehicle, boat, airplane or other conveyance, the operator
shall be presumed to be responsible for the violation. Furthermore,
licenses to operate such conveyances may be suspended for a period
not to exceed seven days together with, or in lieu of, penalties pro-
vided in Subsection (e) of this Act.

(g)    Enforcement. All law enforcement agencies, officers and
officials of this State or any political subdivision thereof, or any
enforcement agency, officer or any official of any commission of this
State or any political subdivision thereof, are hereby authorized,
empowered, and directed to enforce compliance with this Act.

(h) Receptacles to be provided. All public authorities and agen-
cies having supervision of properties of this State are authorized,
empowered and instructed to establish and maintain receptacles for
the deposit of litter at appropriate locations where such property is