Section 13A-7-29
Criminal littering.
(a) A person commits the crime of criminal littering if he or she
engages in any of the following acts:
(1) Knowingly deposits in any manner litter on any public or private
property or in any public or private waters, having no permission to do
so. For purposes of this subdivision, items found in an accumulation of
garbage, trash, or other discarded material including, but not limited
to, bank statements, utility bills, bank card bills, and other financial
documents, clearly bearing the name of a person shall constitute a
rebuttable presumption that the person whose name appears thereon
knowingly deposited the litter. Advertising, marketing, and campaign
materials and literature shall not be sufficient to constitute a
rebuttable presumption of criminal littering under this subsection.
(2) Negligently deposits in any manner glass or other dangerously
pointed or edged objects on or adjacent to water to which the public has
lawful access for bathing, swimming, or fishing, or on or upon a public
highway, or within the right-of-way thereof.
(3) Discharges sewage, oil products, or litter from a watercraft
vessel of more than 25 feet in length into a river, inland lake, or
stream within the state or within three miles of the shoreline of the
state.
(4) a. Drops or permits to be dropped or thrown upon any highway any
destructive or injurious material and does not immediately remove the
same or cause it to be removed; or
b. Removes a wrecked or damaged vehicle from a highway and does not
remove glass or other injurious substance dropped upon the highway from
such vehicle.
(b) "Litter" means rubbish, refuse, waste material, garbage, dead
animals or fowl, offal, paper, glass, cans, bottles, trash, scrap metal,
debris, or any foreign substance of whatever kind and description, and
whether or not it is of value. Any agricultural product in its natural
state that is unintentionally deposited on a public highway, road,
street, or public right-of-way shall not be deemed litter for purposes
of this section or Section 32-5-76. Any other law or ordinance to the
contrary notwithstanding, the unintentional depositing of an
agricultural product in its natural state on a public highway, road,
street, or right-of-way shall not constitute unlawful littering or any
similarly prohibited activity.
(c) It is no defense under subsections (a)(3) and (a)(4) that the
actor did not intend, or was unaware of, the act charged.
(d) Criminal littering is a Class C misdemeanor. The minimum fine for
the first conviction shall be two hundred fifty dollars ($250), and the
fine for the second and any subsequent conviction shall be five hundred
dollars ($500) for each conviction.
(e) The fine from such conviction shall be awarded and distributed by
the court to the municipal, and/or county, and/or State General Fund,
following a determination by the court of whose law enforcement agencies
or departments have been a participant in the arrest resulting in the
fine. Such award and distribution shall be made on the basis of the
percentage as determined by the court, which the respective agency or
department contributed to the police work resulting in the arrest, and
shall be spent by the governing body on law enforcement purposes only.
(f) No action for criminal littering based on evidence that creates a
rebuttable presumption under subsection (a)(1) shall be brought against
a person by or on behalf of a county or municipal governing body unless
he or she has been given written notice by a designee of the governing
body that items found in an accumulation of garbage, trash, or other
discarded materials contain his or her name, and that, under subsection
(a)(1), there is a rebuttable presumption that he or she knowingly
deposited the litter. The notice shall advise the person that criminal
littering is a Class C misdemeanor, and shall provide that, unless the
person can present satisfactory information or evidence to rebut the
presumption to the designee of the governing body within 15 days from
the date of the notice, an action for criminal littering may be filed
against him or her in the appropriate court. If the person responds to
the notice and presents information or evidence to the designee of the
governing body, the designee shall review the information or evidence
presented and make a determination as to whether or not an action should
be brought against the person for criminal littering. The designee shall
provide written notice to the person of its determination, and if the
intent is to proceed with an action for criminal littering, the notice
shall be sent before any action is filed.
(Acts 1977, No. 607, p. 812, §2725; Acts 1990, No. 90-585, p.
1020; Acts 1997, No. 97-712, p. 1475, §1; Act 98-494, p. 954, §1; Act
2001-469, p. 623, §1.)
|
|