Reference is to the bill as introduced.
Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:
/ SECTION 1. Section 16-11-700 of the 1976 Code is amended to read:
"Section 16-11-700.
(A) A person, from a vehicle or
otherwise, may not dump, throw, drop, deposit, discard, or
otherwise dispose of litter or other solid waste, as defined by
Section 44-96-40(46)(2), (6), (32), (33),
(43), (46), (73), and (74), and including cigarette butts and
cigarette component litter, upon waters or public or
private property or waters in the State for
which he is not the legal owner or a person otherwise granted
permission by the legal owner including, but not limited to,
a highway, park, beach, campground, forest land, recreational
area, trailer park, road, street, or alley except:
(1)
on property designated by the State
for the disposal of litter and other solid waste and the person
is authorized to use the property for that purpose; or
(2)
into a litter receptacle in a manner
that the litter is prevented from being carried away or
deposited by the elements upon a part of the private or public
property or waters.
(B) Responsibility for
the removal of litter from property or receptacles is upon the
person convicted pursuant to this section of littering the
property or receptacles. If there is no conviction for
littering, the responsibility is upon the owner of the
property.
(C)(1)
A person who violates the provisions of this section in an
amount less not more than fifteen pounds
in weight or twenty-seven cubic feet in
volume, including cigarette butts and cigarette
components, is guilty of a misdemeanor and, upon conviction,
must be fined two not less than twenty-five
dollars and not more than one hundred dollars or imprisoned
for not more than thirty days for a first or second
conviction, or fined five hundred dollars or imprisoned for not
more than thirty days for a third or subsequent
conviction. In addition to the fine or term of
imprisonment, the court also must impose eight hours of
litter-gathering labor for a first conviction, sixteen
hours of litter-gathering labor for a second conviction, and
twenty-four hours of litter-gathering labor for a third or
subsequent conviction, or other form of
public community service, under
the supervision of the court, as the court may order because of
physical or other incapacities.
(2)(D)
The fine for a deposit of a collection of litter or
garbage in an amount not more than fifteen pounds in an
area or facility not intended for public deposit of litter or
garbage is one thousand dollars not less
than fifty dollars and not more than one hundred and fifty
dollars. The provisions of this item
subsection apply to a deposit of litter or
garbage, as defined in Section 44-67-30(4), litter
or solid waste, as defined by Section 44-96-40(2), (6), (32),
(33), (43), (46), (73), and (74) including cigarette butts and
cigarette components, in an area or facility not intended
for public deposit of litter or garbage. This
item subsection does not prohibit a
private property owner from depositing litter or garbage as a
property enhancement if the depositing does not violate
applicable local or state health and safety regulations. In
addition to a fine and for each offense pursuant to the
provisions of this item subsection, the
court also shall impose a minimum of five
sixteen hours of litter-gathering labor or other form of
public community service, under
the supervision of the court, as the court may order because of
physical or other incapacities.
(3)(1) The
court, instead of payment of the monetary fine imposed for a
violation of this section, may direct the substitution of
additional litter-gathering labor or other form of
public community service, under
the supervision of the court, as it may order because of
physical or other incapacities not to exceed one hour for each
five dollars of fine imposed.
(4)(2) In
addition to other punishment authorized by this section, in the
discretion of the court in which conviction is obtained, the
person may be directed by the judge to pick up and remove from
any public place or any private property, with prior permission
of the legal owner of the property upon which it is established
by competent evidence that the person has deposited litter, all
litter deposited on the place or property by any person before
the date of execution of sentence.
(D)(E)
A person who violates the provisions of this
section in an amount exceeding fifteen pounds in weight
or twenty-seven cubic feet in volume, but not exceeding
five hundred pounds or one hundred cubic feet,
on any public or private property, any portion of the road
right of way, fresh-water lake, river, canal or stream, or tidal
or coastal waters of the State must be charged with illegal
dumping of litter and is guilty of a misdemeanor and, upon
conviction, must be fined not less than two hundred dollars nor
more than five hundred dollars or imprisoned for not more than
ninety thirty days. In addition, the
court shall require the violator to pick up
litter complete sixteen hours of litter-gathering
labor or perform other community service
commensurate with the offense committed, up to one
hundred hours. For a second conviction, the person
must be fined not less than two hundred dollars nor more than
five hundred dollars or imprisoned for not more than thirty
days. In addition, the court shall require the violator to
complete twenty-four hours of litter-gathering labor or other
community service. For a third or subsequent conviction, the
person must be fined not less than two hundred dollars nor more
than five hundred dollars or imprisoned for not more than thirty
days. In addition, the court shall require the violator to
complete thirty-two hours of litter-gathering labor or other
community service.
(E)(F)(1)
A person who violates the provisions of this
section in an amount exceeding five hundred pounds in
weight or one hundred cubic feet in volume is guilty of
a misdemeanor and, upon conviction, must be fined not less than
five hundred dollars nor more than one thousand dollars, or
imprisoned not more than one year, or both. In addition, the
court may order the violator to:
(a)
remove or render harmless the litter that he dumped in
violation of this subsection;
(b)
repair or restore property damaged by, or pay damages for
damage arising out of, his dumping of litter in violation of
this subsection; or
(c)
perform community public service relating
to the removal of litter dumped in violation of this subsection
or relating to the restoration of an area polluted by litter
dumped in violation of this subsection.
(2)
A court may enjoin a violation of this subsection.
(3)
A motor vehicle, vessel, aircraft, container, crane,
winch, or machine involved in the disposal of more than five
hundred pounds in weight or more than one hundred cubic
feet in volume of litter in violation of this
subsection is declared contraband and is subject to seizure and
summary forfeiture to the State.
(4)
If a person sustains damages in connection with a
violation of this subsection that gives rise to a felony against
the person or his property, a court, in a civil action for those
damages, shall order the wrongdoer to pay the injured party
threefold the actual damages or two hundred dollars, whichever
amount is greater. In addition, the court shall order the
wrongdoer to pay the injured party's court costs and attorney's
fees.
(5)
A fine imposed pursuant to this subsection must not be
suspended, in whole or in part.
(F)(G)(1)
When the penalty for a violation of this section
includes litter-gathering labor in addition to a fine or
imprisonment, the litter-gathering portion of the penalty is
mandatory and must not be suspended; however, the court, upon
the request of a person convicted of violating this section, may
direct that the person pay an additional monetary penalty
instead of the litter-gathering portion of the penalty that must
be equal to the amount of five dollars an hour of
litter-gathering labor. Probation must not be granted instead of
the litter-gathering requirement, except for a person's physical
or other incapacities.
(2)
Funds collected pursuant to this subsection instead of the
mandatory litter-gathering labor must be remitted to the county
or municipality where the littering violation took place. The
money collected may be used for the litter-gathering
supervision.
(G)
For purposes of the offenses established by this
section, litter includes cigarettes and cigarette filters. (H) A prior
violation within the meaning of this section means only a
violation of this section which occurred within a period of five
years including and immediately preceding the date of the last
violation.
(I) Magistrates and
municipal courts have jurisdiction to try violations of
subsections (A), (B), (C), and (D), (E), and
(F) of this section.
(J) For the
purposes of subsections (E) and (F), illegal dumping is defined
as disposing of more than fifteen pounds of any collection of
solid waste, litter, or other materials defined in subsection
(A) and including discarded, deceased animals or deceased animal
parts which create a hazard to the public health and welfare,
but not defined as a careless, scattered littering of smaller
items."
(K)(1)
Nothing in this section shall prohibit the authority of
a local government to enforce ordinances relating to the upkeep
of property pursuant to Section 4-9-25 and Section 5-7-80.
(2)
If a conflict occurs between this Section and
the Solid Waste Policy and Management Act as contained in
Chapter 96, Title 44, the latter controls."
/
Renumber sections to conform.
Amend title to conform.