The
following information on littering
and state laws concerning criminal and highway littering is
provided
by PALS.
Who
and What | Criminal
Littering | Highway Littering
Who
and What
Who litters our roads and countrysides?
According to a 31-state survey conducted by the Institute
of Applied Research:
- 1/2
of litter is deliberate and 1/2 is caused by materials being "accidentally" lost
from vehicles.
- Males do 72% of deliberate littering and are responsible for
96% of accidental littering.
- 69% of deliberate litterers were accompanied by one or more
people.
- 60% of deliberate littering is done by pedestrians and 40%
is done by motorists.
- Composition of highway litter is as follows: 59% paper, 16%
cans, 6% bottles, 6% plastic, 13% miscellaneous.
- One mile of highway contains approximately 16,000 pieces of
litter (estimated cost of pickup is 30 cents per piece of litter).
- According to James Rollo of Cullman County Sanitation, following
a recent litter pick up project, Cullman County contains an average
of 800 lbs. of litter in one square mile. During the cleanup,
volunteers recovered over 1,200 lbs. of litter from one single
square mile in Cullman County.
- The
Cullman County Sanitation Department has calculated there are
over
500 tons of litter on Cullman County roads, and this
does not include city streets.
Criminal
Littering
(Taken
from the Alabama Code)
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; orb.
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.(c)
It is no defense under subsections (a) (3) and
(a) (4) that the
actor did not intend, or was unaware of, the
act charge.(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, §1.) Highway
Littering
(Taken
from the Alabama Code)
Section 32-5A-60 Putting
glass, etc., on highway, road, street
or public right-of-way prohibited;
removal; throwing of litter onto highway,
etc., prohibited; penalty.(a) No person
shall throw
or deposit upon any
highway, road or
street or public right-of-way any glass bottle,
glass, nails, tacks, wire, cans or any
other substance
likely to injure
any person(b)
Any person who drops, or permits to be
dropped or thrown, upon any highway any
destructive
or injurious
material
shall immediately
remove the same or cause it to be removed.(c)
Any person removing a wrecked or damaged
vehicle
from a highway
shall remove any glass or other injurious
substance dropped upon the highway from such
vehicle.(d)
No person
shall throw litter
or allow litter to be thrown from a motor
vehicle onto or upon any highway, road
or street or
public right-of-way.(e) The uniform traffic
citation may be used for any violation
of this section.(f) "Litter" as
used in this section is the same as defined
in section 13A-7-29.(g) Notwithstanding
the provisions of section
32-5A-266, any
person violating the provisions of this
section shall be guilty of a Class
C misdemeanor and upon conviction shall be
fined not more
than $500.00, pursuant to section 13A-7-29, the criminal
littering statute.
(Acts
1980, No. 80-434, p. 604, §11-111; Acts 1989, No. 89-661, §1.)
Section 32-5-76
Spilling
loads or litter; penalty.(a) Whoever willfully and
knowingly operates, owns or causes to be operated
on any public highway, road, street or public
right-of-way
a motor vehicle so loaded with gravel,
rock,
slag, bricks, in such manner or in such condition
that the contents
of the vehicle
spill out and cause it to be deposited upon the highway,
road, street or public right-of-way is guilty of
a Class C misdemeanor
and
upon conviction shall be fined not more than $500.00,
pursuant to section 13A-7-29, the criminal littering
statute.(b) No vehicle
shall be driven or moved on any highway
unless such vehicle is so constructed or loaded as
to prevent
any of its
load from dropping, sifting, leaking
or otherwise escaping therefrom, except that sand
may be dropped for
the purpose of securing traction,
or water or other substance may be sprinkled
on a roadway in cleaning or maintaining such roadway.(c)
Whoever willfully and knowingly
operates, owns or causes to be operated
on a public highway, road, street or public right-of-way,
a motor vehicle in such manner or in
such
condition that litter
is caused or allowed to be deposited
upon the highway, road or street or public right-of-way,
is
guilty of a Class C misdemeanor
and upon conviction shall be fined not
more than $500.00,
pursuant to section 13A-7-29, the criminal
littering statute.
(Acts
1927, No. 347, p. 348; Code 1940, T. 36, §39;
Acts 1949, No. 517, p. 754, §9; Acts 1971,
No. 1419, p. 2423; Acts 1989, No. 89-661, §1.) |