|
I GS_14 -399 Page 1 of 3
<br />§ 14 -399. Littering.
<br />(a) No person, including any firm, organization, private corporation, or governing body, agents
<br />or employees of any municipal corporation shall intentionally or recklessly throw, scatter, spill or place
<br />or intentionally or recklessly cause to be blown, scattered, spilled, thrown or placed or otherwise dispose
<br />' of any litter upon any public property or private property not owned by the person within this State or in
<br />the waters of this State including any public highway, public park, lake, river, ocean, beach,
<br />campground, forestland, recreational area, trailer park, highway, road, street or alley except:
<br />' (1) When the property is designated by the State or political subdivision thereof for the
<br />disposal of garbage and refuse, and the person is authorized to use the property for
<br />this purpose; or
<br />(2) Into a litter receptacle in a manner that the litter will be prevented from being carried
<br />away or deposited by the elements upon any part of the private or public property or
<br />waters.
<br />(al) No person, including any firm, organization, private corporation, or governing body, agents,
<br />' or employees of any municipal corporation shall scatter, spill, or place or cause to be blown, scattered,
<br />spilled, or placed or otherwise dispose of any litter upon any public property or private property not
<br />owned by the person within this State or in the waters of this State including any public highway, public
<br />park, lake, river, ocean, beach, campground, forestland, recreational area, trailer park, highway, road,
<br />street, or alley except:
<br />(1) When the property is designated by the State or political subdivision thereof for the
<br />' disposal of garbage and refuse, and the person is authorized to use the property for
<br />this purpose; or
<br />(2) Into a litter receptacle in a manner that the litter will be prevented from being carried
<br />away or deposited by the elements upon any part of the private or public property or
<br />' waters.
<br />(a2) Subsection (al) of this section does not apply to the accidental blowing, scattering, or
<br />spilling of an insignificant amount of municipal solid waste, as defined in G.S. 130A- 290(18a), during
<br />the automated loading of a vehicle designed and constructed to transport municipal solid waste if the
<br />vehicle is operated in a reasonable manner and according to manufacturer specifications.
<br />(b) When litter is blown, scattered, spilled, thrown or placed from a vehicle or watercraft, the
<br />' operator thereof shall be presumed to have committed the offense. This presumption, however, does not
<br />apply to a vehicle transporting nontoxic and biodegradable agricultural or garden products or supplies,
<br />including mulch, tree bark, wood chips, and raw logs.
<br />' (c) Any person who violates subsection (a) of this section in an amount not exceeding 15 pounds
<br />and not for commercial purposes is guilty of a Class 3 misdemeanor punishable by a fine of not less than
<br />two hundred fifty dollars ($250.00) nor more than one thousand dollars ($1,000) for the first offense. In
<br />addition, the court may require the violator to perform community service of not less than eight hours
<br />nor more than 24 hours. The community service required shall be to pick up litter if feasible, and if not
<br />feasible, to perform other labor commensurate with the offense committed. Any second or subsequent
<br />violation of subsection (a) of this section in an amount not exceeding 15 pounds and not for commercial
<br />purposes within three years after the date of a prior violation is a Class 3 misdemeanor punishable by a
<br />fine of not less than five hundred dollars ($500.00) nor more than two thousand dollars ($2,000). In
<br />addition, the court may require the violator to perform community service of not less than 16 hours nor
<br />t more than 50 hours. The community service required shall be to pick up litter if feasible, and if not
<br />feasible, to perform other labor commensurate with the offense committed.
<br />(c1) Any person who violates subsection (al) of this section in an amount not exceeding 15
<br />' pounds is guilty of an infraction punishable by a fine of not more than one hundred dollars ($100.00). In
<br />addition, the court may require the violator to perform community service of not less than four hours nor
<br />more than 12 hours. The community service required shall be to pick up litter if feasible, and if not
<br />' feasible, to perform other labor commensurate with the offense committed. Any second or subsequent
<br />Attachment number 4
<br />' G -5 Page 194
<br />mhtml:file://S:\CoMgr\Common\AGENDA 2011\February 2011 \GS_14- 399.mht 2/2/2011
<br />
|