PC §502 - LITTERING
INFRACTION
(a) Definition
Littering is the act of discarding, depositing, or abandoning waste, garbage, or other materials in public places, on private property without consent, or in locations not designated for waste disposal.
Types of Littering
Littering may include, but is not limited to, the following:
Throwing or dropping trash, food wrappers, cigarette butts, or other debris on sidewalks, streets, parks, or beaches.
Dumping household or commercial waste, construction materials, or hazardous substances in unauthorized areas or water bodies.
Abandoning or improperly disposing of vehicles, appliances, furniture, or other large items in public places or natural areas.
Penalties
(a) Littering is typically a misdemeanor offense punishable by fines not exceeding a certain amount, as specified by law.
(b) Repeat offenders or individuals who engage in aggravated littering, such as dumping large quantities of waste or hazardous materials, may face increased penalties or additional sanctions, including community service or restitution for cleanup costs.
(b) Elements of the Offense
The following elements must be met to constitute littering:
The defendant discarded, deposited, or abandoned waste, garbage, or other materials.
The act occurred in a public place, on private property without consent, or in locations not designated for waste disposal.
The defendant's conduct was intentional or negligent, and it resulted in the presence of litter that could pollute or deface the environment.
(c) Defenses
(a) It shall be a defense to a charge of littering if the defendant can prove that their actions were unintentional, accidental, or the result of a mistake, or if they can demonstrate that they made a reasonable effort to dispose of waste properly but were unable to do so due to circumstances beyond their control.
(b) Lack of knowledge of the presence of litter or absence of intent to litter may also serve as defenses if proven by the defendant.
(d) Aggravating Factors
Aggravating factors such as deliberate or malicious littering, the presence of hazardous or toxic materials, or the violation of specific littering ordinances or regulations may result in increased penalties or additional charges as determined by the court.
Penalties
Penalties for assault charges can vary widely depending on the jurisdiction and the specific circumstances of the offense. They may include:
JAIL TIME
NOT AN ARRESTABLE OFFENSE
FEE
$500.00
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