(1) Short Title - Community Litter Law

(2) Definitions - As used in this section:

 

(a) "Litter" means any garbage, rubbish, trash, refuse, can, bottle, domestic or commercial packaging, box, container, paper, tobacco product, tire, household appliance, furniture, mechanical equipment or part, building or construction materials, tool, machinery, wood, motor vehicle or part thereof, vessel aircraft, farm machinery or equipment, sludge from waste treatment facility, water supply treatment or air pollution control facility or substance in any form resulting from domestic, industrial, commercial, mining, agricultural or government operations or junk motor vehicle.

 

(b) "Person" means any individual, agency, firm, sole proprietorship, partnership, corporation or unincorporated association.

 

(c) "Law enforcement officer" means any officer of the State Highway Patrol, a county sheriff's department, a municipal law enforcement department, a law enforcement department of any other political subdivision, the department or the Fish and Game Commission. In addition, "law enforcement officer" means any employee of a county or municipal part or recreation department designated by the department head as a litter enforcement officer.

 

(d) "Aircraft" means a motor vehicle or other vehicle that is used to designated to fly but does not include a parachute or any other device used primarily as safety equipment.

 

(e) "Commercial purpose" means for the purpose of economic gain.

 

(f) "Commercial vehicle" means a vehicle that is owner or used by a business, corporation, association, partnership, or sole proprietorship or any other entity conducting business for a commercial purpose.

 

(g) "Dump" means to dump, throw, discard, place, deposit, or dispose of.

 

(h) Motor Vehicle" means an auto, motorcycle, truck, trailer, semitrailer, truck tractor, or semitrailer combination or any other vehicle that is powered by a motor.

 

(i) "Vessel" means a boat, barge, or airboat or any other vehicle used for transportation on water.

 

(3) RESPONSIBILITY OF LOCAL GOVERNING BODY OF A COUNTY OR MUNICIPALITY The local governing body of a county or a municipality shall determine the training and qualifications of any employee of the county or municipality or any employee of the county or municipal park or recreation department designated to enforce the provisions of this section if the designated employee is not a regular law enforcement officer.

 

(4) DUMPING LITTER IS PROHIBITED It is unlawful for any person to dump litter in any manner or amount:

 

(a) In or on any public highway, road, street, alley, or thoroughfare, including any portion of the right-of-way thereof, or any other public lands, except in containers or areas lawfully provided therefor. When litter is thrown or discarded from a motor vehicle, the operator of owner of the vehicle, or both shall be deemed in violation of this section;

 

(b) In or on any freshwater lake, river, canal, or stream or tidal or coastal water of the state, including Canals. When any litter is thrown or discarded from a boat, the operator or owner of the board, or both shall be deemed in violation of this section; or

 

(c) In or on any private property, unless prior consent of the owner has been given and unless such litter will not cause a public nuisance or be in violation of any other state or local law, rule or regulation.

 

(6) DUMPING RAW HUMAN WASTE IS PROHIBITED-Unless otherwise authorize by law or permit, it is unlawful for any person to dump raw human waste from any train, aircraft, motor vehicle or vessel upon the public or private lands or waters of the state.

 

(7) UNCOVERED VEHICLES It shall be unlawful for any person engaged in commercial or for-hire hauling to operate any truck or other vehicle within this state to transport merchandise, litter, trash, or garbage unless the vehicle is covered to prevent its contents from blowing, dropping, fall off or otherwise departing from the vehicle. In addition, any person operating his own truck or other vehicle to transport merchandise, litter, trash or garbage shall take reasonable steps to prevent its contents from blow- \ ing dropping, fall off, otherwise departing from the vehicle.

 

(8) DISCARDING CERTAIN ITEMS PROHIBITED It shall be unlawful for any person to place, or cause to be placed any junk motor vehicle, old vehicle tire, or inoperative or abandoned household appliance, or part thereof, upon the right-of- way of any public highway, upon any other public or private property which he or she does not own, lease, rent or otherwise control unless it is at a permitted salvage yard, a permitted disposal site, or at the business establishment of a demolisher. Deposit of the aforementioned items on the owner's private property is also prohibited if they become a threat to the aesthetics, safety or public health of the community or become a public nuisance.

 

(9) PRIMA FACIE EVIDENCE AGAINST DRIVERS If the throwing, dumping, or depositing of litter was done from a motor vehicle, except a motor bus, it shall be prima facie evidence that the throwing, dumping, or depositing was done by the driver of the motor vehicle.

 

(10) PRIMA FACIE EVIDENCE AGAINST LITTERBUGS If the litter discarded can be identified with a person's name, it shall be prima facie evidence that the throwing, dumping, or depositing was done by the person whose name appears on the litter.

 

(11) NOTICE TO THE PUBLIC REQUIRED The state or municipality shall erect signs containing pertinent portions of this ordinance along its public highways, in campgrounds and trailer parks, forest lands and recreational areas, at all public beaches and at other places where persons are to be informed of the existence and content of this law and the penalties for violating its provisions.

 

(12) ENFORCEMENT

 

(a) 1 - All police officers, county sheriffs and deputies and municipal enforcement officers shall enforce the provisions of this ordinance 2 - Forestry enforcement officers and Department of Parks and Tourism enforcement officers shall also enforce the provisions of this ordinance only on state properties under their jurisdiction

 

(b) The named enforcement officers are empowered to issue citations to, or arrest persons violating any provisions of this ordinance

 

(c) 1- All of the named enforcement officers may serve and execute all warrants, citations, and other process issued by the courts in enforcing the provisions of this subchapter 2- In addition, mailing by registered mail of such process to his last place of residence shall be deemed as personal service upon the person charged.

 

(13) PENALTIES: ENFORCEMENT

 

(a) Any person who dumps litter in violation of sections 1-10 in an amount not exceeding 15 lbs in weight or 17 cubic feet in volume and not for commercial purposes is guilty of a noncriminal infraction, punishable by a civil penalty not less than $50 and no more than $300. In addition the court may require the violator to pick up litter or perform other labor commensurate with the offenses committed.

 

(b) Any person who dumps litter in violation of sections 1-10 in an amount exceeding 15 pounds in weight or 27 cubic feet in volume, but not exceeding 500 pounds in weight or 100 cubic feet in volume and not for commercial purposes is guilty of a misdemeanor of the first degree punishable by a civil penalty not less than $300 and no more than $500. In addition, the court shall require the violator to pick up litter or perform other community service commensurate with the offense committed. Further, if the violation involves the use of a motor vehicle, upon a finding of guilt, whether or adjudication is withheld or whether imposition of sentence is withheld, deferred, or suspended, the court shall forward a record of the finding to the Department of Highway Safety and Motor Vehicles, which shall record a penalty of three points on the violator's driver's license pursuant to the point system established by the Department of Motor Vehicles.

 

(c) Any person who dumps litter in violation of subsection 4 in an amount exceeding 500 pounds in weight or 100 cubic feet in volume or in any quantity for commercial purposes, or dumps litter which is a hazardous waste as defined by state code, is guilty of a felony of the third degree, punishable as provided in Section XXX of the penal code. In addition, the court may order the violator to: 1. Remove or render harmless the litter that he or she dumped in violation of this section; 2. Repair or restore property damaged by, or pay damages for any damage arising out of his or her dumping litter in violation of this section; or 3. Perform public service relating to the removal of litter dumped in violation of this section or to the restoration of an area polluted by litter dumped in violation of this section.

 

(d) A court may enjoin a violation of this section.

 

(e) A motor vehicle, vessel, aircraft, container, crane, winch, or machine used to dump litter that Exceeds 500 pounds in weight or 100 cubic feet in volume is declared contraband and is subject to forfeiture in the same manner as provided in XXX of state law.

 

(f) For the purposes of this section, if a person dumps litter or raw human waste from a commer- cial vehicle, that person is presumed to have dumped the material for commercial purposes.

 

(g) In the criminal trial of a person charged with violating this section, the state or municipality Does not have the burden of proving that the person did not have the right or authority to dump the litter or raw human waste or that litter or raw human waste dumped on private property causes a public nuisance. The defendant has the burden of proving that he or she has authority to dump the litter or raw human waste and that the litter or raw human waste dumped does not cause a public nuisance.