HomeMy Public PortalAbout040_040_Litter Sec. 54-5. Damage to and intrusion upon property.
(a)
It shall be unlawful for any person to dump, deposit, throw, or leave or to cause or permit the
dumping, depositing, placing, throwing, or leaving of litter on any public or private property in this
state or any waters in this state, unless:
(1)
The property is designated by the state or by any of its agencies or political subdivisions for
the disposal of litter and the person is authorized by the proper public authority to use such
property;
(2)
The litter is placed into a litter receptacle or container installed on such property; or
(3)
The 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 direction of the owner or tenant, all in a manner consistent with the public welfare.
(b)
Any person who violates subsection (a) of this section shall be guilty of a misdemeanor and, upon
conviction thereof, shall be punished as follows:
(1)
By a fine of not less the $100.00 nor more than $300.00;
(2)
In the sound discretion of a court in which conviction is obtained, the person may be directed
to pick up and remove from any public street or highway or public right-of-way, for a distance
not to exceed one mile, any litter the person has deposited and any and all litter deposited
thereon by anyone else prior to the date of execution of sentence; or
(3)
In the sound discretion of the judge of a court in which conviction is obtained, the person
may be directed to pick up and remove from any public beach, public park, private right-of-
way, or with the prior permission of the legal owner or tenant in lawful possession of such
property, any private property upon which it can be established by competent evidence that
the person has deposited litter, any and all litter deposited thereon by anyone prior to the
date of execution of sentence.
(c)
The court may publish the names of persons convicted of violating subsection (a) of this section.
(Code 1983, §5-1-5)