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Litter Law

Senate Bill 156 (Act No. 148) - Litter Law

bulletConsolidates litter laws and increases fines for violating those laws. bulletIntentional Littering (Criminal) bulletFirst Offense - $50 to $500 fine and 4 hours of community service. bulletSecond Offense - $300 to $1,500 fine and 8 hours of community service. bulletThird and Subsequent Offenses - $500 to $3,000 fine, one year suspension of driver's license, up to 30 days in prison, or 24 to 75 hours of community service, or all or any combination thereof. bulletGross Littering (Criminal) bulletIncludes household or office furniture and appliances and automotive parts. bulletFirst Offense - $500 to $1,000 fine and eight hours of community service. bulletSecond Offense - $1,000 to $2,500 fine and 24 hours of community service. bulletThird and Subsequent Offenses - $1,500 to $5,000 fine, one year suspension of driver's license, up to 30 days in prison, or 48 to 100 hours of community service, or all or any combination thereof. bulletJudges may forgo the penalties for both criminal littering offenses and require those convicted to remove litter from public lands and highways for a prescribed period of time. bulletUnintentional Littering (Civil) bulletIncludes litter blown out of a vehicle or boat and careless disposal that results in litter due to the elements. bulletFirst Offense - $50 fine or perform 8 hours of community service. bulletSecond and Subsequent Offenses - $100 fine or 8 hours of community service. bulletCommercial Littering (Civil) bulletIncludes commercial litter that is blown or falls from a truck or vehicle and mud from tires. bulletEach violation results in a $100 civil penalty. bulletDefendant must pay for the cleanup of the litter. bulletFine includes repairing or restoring property damage. bulletThose found guilty must also pay reasonable investigative expenses and costs to the investigative agency. bulletBoth civil littering offenses include special court costs of $50 per violation. bulletUnder all categories: bulletThere is an inference that litter thrown from a vehicle, boat, or conveyance (except buses and large passenger vehicles) was disposed of by the driver bulletThere is an inference or presumption that the person whose name appears on any item of litter is responsible for the disposal of that litter. bulletAll community service must be served in a litter abasement work program. bulletLaw enforcement officers do not have to be present at the time of the offense if evidence establishes that the defendant has committed the offense. bulletLitter does not include agricultural products en route from the harvest or collection site to a processing or market site if reasonable measures are taken to prevent the product from leaving the transporting vehicle. bulletLitter also does not include recyclable cardboard being transported in compressed bundles to processing facilities. bulletEffective June 16, 1998.

 

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