5.502 — LITTERING

Violations of "Statute 5.502" results in an Infraction and a fine of $500

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(a) Definitions

Littering refers to the unlawful act of discarding or leaving waste, trash, or refuse in public or private spaces where it is not allowed, and where it causes a detriment to the environment, public health, or general cleanliness of the area. This includes the disposal of materials such as plastic, paper, food containers, cigarette butts, and other debris in unauthorized areas.

(b) Elements

To establish the offense of littering, the prosecution must prove beyond a reasonable doubt the following elements:

1. The defendant knowingly or recklessly discarded trash or waste in a public or private area not designated for disposal.

2. The defendant's conduct resulted in the litter being left in a location where it posed a risk to public health, the environment, or the general cleanliness of the area.

3. The defendant did not have legal authorization or a valid reason to dispose of the waste in that location.

(c) Defenses

Defenses against a charge of littering may include:

• The defendant did not intentionally dispose of the waste in the location, and it was left there accidentally or without knowledge.

• The materials were disposed of properly but later moved by other individuals or elements (e.g., wind).

• The waste was disposed of in a location where littering is permitted (e.g., a designated waste disposal area).

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

• The litter was disposed of in a particularly sensitive or protected area, such as a park, waterway, or natural habitat.

• The amount or volume of the litter was particularly large, leading to environmental damage or increased public health risks.

• The defendant has a prior history of littering violations.