The chief of police shall enforce the provisions of Sections 9-4-1 and 9-4-2 by prosecuting violators of said sections in the town magistrate’s court pursuant to the penalty provisions of this code. If such prosecution fails to secure compliance with the provisions of said sections, or in the event of inability to prosecute violators by reason of failure to secure jurisdiction over their persons, the chief of police shall compel the removal of litter by the procedure outlined in Sections 9-4-4 through 9-4-8 hereof.