(a) No person,including any firm, organization, private corporation, or governing body,agents or employees of any municipal corporation shall intentionally orrecklessly throw, scatter, spill or place or intentionally or recklessly causeto be blown, scattered, spilled, thrown or placed or otherwise dispose of anylitter upon any public property or private property not owned by the personwithin this State or in the waters of this State including any public highway,public park, lake, river, ocean, beach, campground, forestland, recreationalarea, trailer park, highway, road, street or alley except:
(1) When the property isdesignated by the State or political subdivision thereof for the disposal ofgarbage and refuse, and the person is authorized to use the property for thispurpose; or
(2) Into a litterreceptacle in a manner that the litter will be prevented from being carriedaway or deposited by the elements upon any part of the private or publicproperty or waters.
(a1) No person, includingany firm, organization, private corporation, or governing body, agents, oremployees of any municipal corporation shall scatter, spill, or place or causeto be blown, scattered, spilled, or placed or otherwise dispose of any litterupon any public property or private property not owned by the person withinthis State or in the waters of this State including any public highway, publicpark, lake, river, ocean, beach, campground, forestland, recreational area,trailer park, highway, road, street, or alley except:
(1) When the property isdesignated by the State or political subdivision thereof for the disposal ofgarbage and refuse, and the person is authorized to use the property for thispurpose; or
(2) Into a litterreceptacle in a manner that the litter will be prevented from being carriedaway or deposited by the elements upon any part of the private or publicproperty or waters.
(a2) Subsection (a1) ofthis section does not apply to the accidental blowing, scattering, or spillingof an insignificant amount of municipal solid waste, as defined in G.S. 130A‑290(18a),during the automated loading of a vehicle designed and constructed to transportmunicipal solid waste if the vehicle is operated in a reasonable manner andaccording to manufacturer specifications.
(b) When litter isblown, scattered, spilled, thrown or placed from a vehicle or watercraft, theoperator thereof shall be presumed to have committed the offense. Thispresumption, however, does not apply to a vehicle transporting nontoxic andbiodegradable agricultural or garden products or supplies, including mulch,tree bark, wood chips, and raw logs.
(c) Any person whoviolates subsection (a) of this section in an amount not exceeding 15 poundsand not for commercial purposes is guilty of a Class 3 misdemeanor punishableby a fine of not less than two hundred fifty dollars ($250.00) nor more thanone thousand dollars ($1,000) for the first offense. In addition, the court mayrequire the violator to perform community service of not less than eight hoursnor more than 24 hours. The community service required shall be to pick uplitter if feasible, and if not feasible, to perform other labor commensuratewith the offense committed. Any second or subsequent violation of subsection(a) of this section in an amount not exceeding 15 pounds and not for commercialpurposes within three years after the date of a prior violation is a Class 3misdemeanor punishable by a fine of not less than five hundred dollars($500.00) nor more than two thousand dollars ($2,000). In addition, the courtmay require the violator to perform community service of not less than 16 hoursnor more than 50 hours. The community service required shall be to pick uplitter if feasible, and if not feasible, to perform other labor commensuratewith the offense committed.
(c1) Any person whoviolates subsection (a1) of this section in an amount not exceeding 15 poundsis guilty of an infraction punishable by a fine of not more than one hundreddollars ($100.00). In addition, the court may require the violator to performcommunity service of not less than four hours nor more than 12 hours. Thecommunity service required shall be to pick up litter if feasible, and if notfeasible, to perform other labor commensurate with the offense committed. Anysecond or subsequent violation of subsection (a1) of this section in an amountnot exceeding 15 pounds within three years after the date of a prior violationis an infraction punishable by a fine of not more than two hundred dollars($200.00). In addition, the court may require the violator to perform communityservice of not less than eight hours nor more than 24 hours. The communityservice required shall be to pick up litter if feasible, and if not feasible,to perform other labor commensurate with the offense committed. For purposes ofthis subsection, the term "litter" shall not include nontoxic andbiodegradable agricultural or garden products or supplies, including mulch,tree bark, and wood chips.
(d) Any person whoviolates subsection (a) of this section in an amount exceeding 15 pounds butnot exceeding 500 pounds and not for commercial purposes is guilty of a Class 3misdemeanor punishable by a fine of not less than five hundred dollars($500.00) nor more than two thousand dollars ($2,000). In addition, the courtshall require the violator to perform community service of not less than 24hours nor more than 100 hours. The community service required shall be to pickup litter if feasible, and if not feasible, to perform other community servicecommensurate with the offense committed.
(d1) Any person whoviolates subsection (a1) of this section in an amount exceeding 15 pounds butnot exceeding 500 pounds is guilty of an infraction punishable by a fine of notmore than two hundred dollars ($200.00). In addition, the court may require theviolator to perform community service of not less than eight hours nor morethan 24 hours. The community service required shall be to pick up litter iffeasible, and if not feasible, to perform other labor commensurate with theoffense committed.
(e) Any person whoviolates subsection (a) of this section in an amount exceeding 500 pounds or inany quantity for commercial purposes, or who discards litter that is ahazardous waste as defined in G.S. 130A‑290 is guilty of a Class Ifelony.
(e1) Any person whoviolates subsection (a1) of this section in an amount exceeding 500 pounds isguilty of an infraction punishable by a fine of not more than three hundreddollars ($300.00). In addition, the court may require the violator to performcommunity service of not less than 16 hours nor more than 50 hours. Thecommunity service required shall be to pick up litter if feasible, and if notfeasible, to perform other labor commensurate with the offense committed.
(e2) If any personviolates subsection (a) or (a1) of this section in an amount exceeding 15pounds or in any quantity for commercial purposes, or discards litter that is ahazardous waste as defined in G.S. 130A‑290, the court shall order theviolator to:
(1) Remove, or renderharmless, the litter that he discarded in violation of this section;
(2) Repair or restoreproperty damaged by, or pay damages for any damage arising out of, hisdiscarding litter in violation of this section; or
(3) Perform communitypublic service relating to the removal of litter discarded in violation of thissection or to the restoration of an area polluted by litter discarded inviolation of this section.
(f) A court may enjoina violation of this section.
(f1) If a violation ofsubsection (a) of this section involves the operation of a motor vehicle, upona finding of guilt, the court shall forward a record of the finding to theDepartment of Transportation, Division of Motor Vehicles, which shall record apenalty of one point on the violator's drivers license pursuant to the pointsystem established by G.S. 20‑16. There shall be no insurance premiumsurcharge or assessment of points under the classification plan adopted underG.S. 58‑36‑65 for a finding of guilt under this section.
(g) A motor vehicle,vessel, aircraft, container, crane, winch, or machine involved in the disposalof more than 500 pounds of litter in violation of subsection (a) of thissection is declared contraband and is subject to seizure and summary forfeitureto the State.
(h) If a personsustains damages arising out of a violation of subsection (a) of this sectionthat is punishable as a felony, a court, in a civil action for the damages,shall order the person to pay the injured party threefold the actual damages ortwo hundred dollars ($200.00), whichever amount is greater. In addition, thecourt shall order the person to pay the injured party's court costs andattorney's fees.
(i) For the purpose ofthe section, unless the context requires otherwise:
(1) "Aircraft"means a motor vehicle or other vehicle that is used or designed to fly, butdoes not include a parachute or any other device used primarily as safetyequipment.
(2) Repealed by SessionLaws 1999‑454, s. 1.
(2a) "Commercialpurposes" means litter discarded by a business, corporation, association,partnership, sole proprietorship, or any other entity conducting business foreconomic gain, or by an employee or agent of the entity.
(3) "Lawenforcement officer" means any law enforcement officer sworn and certifiedpursuant to Chapter 17C or 17E of the General Statutes, except company policeofficers as defined in G.S. 74E‑6(b)(3). In addition, and solely for thepurposes of this section, "law enforcement officer" means anyemployee of a county or municipality designated by the county or municipalityas a litter enforcement officer.
(4) "Litter"means any garbage, rubbish, trash, refuse, can, bottle, box, container,wrapper, paper, paper product, tire, appliance, mechanical equipment or part,building or construction material, tool, machinery, wood, motor vehicle ormotor vehicle part, vessel, aircraft, farm machinery or equipment, sludge froma waste treatment facility, water supply treatment plant, or air pollutioncontrol facility, dead animal, or discarded material in any form resulting fromdomestic, industrial, commercial, mining, agricultural, or governmentaloperations. While being used for or distributed in accordance with theirintended uses, "litter" does not include political pamphlets, handbills,religious tracts, newspapers, and other similar printed materials theunsolicited distribution of which is protected by the Constitution of theUnited States or the Constitution of North Carolina.
(5) "Vehicle"has the same meaning as in G.S. 20‑4.01(49).
(6) "Watercraft"means any boat or vessel used for transportation across the water.
(j) It shall be theduty of all law enforcement officers to enforce the provisions of this section.
(k) This section doesnot limit the authority of any State or local agency to enforce other laws,rules or ordinances relating to litter or solid waste management. (1935, c. 457; 1937, c. 446;1943, c. 543; 1951, c. 975, s. 1; 1953, cc. 387, 1011; 1955, c. 437; 1957, cc.73, 175; 1959, c. 1173; 1971, c. 165; 1973, c. 877; 1977, c. 887, s. 1; 1979,c. 1065, s. 1; 1983, c. 890; 1987, cc. 208, 757; 1989, c. 784, ss. 7.1, 8;1991, c. 609, s. 1; c. 720, s. 49; c. 725, s. 1; 1993, c. 539, ss. 266, 267,1241; 1994, Ex. Sess., c. 24, s. 14(c); 1997‑518, s. 1; 1998‑217,s. 2; 1999‑294, s. 4; 1999‑454, s. 1; 2001‑512, s. 1.)
(a) No person,including any firm, organization, private corporation, or governing body,agents or employees of any municipal corporation shall intentionally orrecklessly throw, scatter, spill or place or intentionally or recklessly causeto be blown, scattered, spilled, thrown or placed or otherwise dispose of anylitter upon any public property or private property not owned by the personwithin this State or in the waters of this State including any public highway,public park, lake, river, ocean, beach, campground, forestland, recreationalarea, trailer park, highway, road, street or alley except:
(1) When the property isdesignated by the State or political subdivision thereof for the disposal ofgarbage and refuse, and the person is authorized to use the property for thispurpose; or
(2) Into a litterreceptacle in a manner that the litter will be prevented from being carriedaway or deposited by the elements upon any part of the private or publicproperty or waters.
(a1) No person, includingany firm, organization, private corporation, or governing body, agents, oremployees of any municipal corporation shall scatter, spill, or place or causeto be blown, scattered, spilled, or placed or otherwise dispose of any litterupon any public property or private property not owned by the person withinthis State or in the waters of this State including any public highway, publicpark, lake, river, ocean, beach, campground, forestland, recreational area,trailer park, highway, road, street, or alley except:
(1) When the property isdesignated by the State or political subdivision thereof for the disposal ofgarbage and refuse, and the person is authorized to use the property for thispurpose; or
(2) Into a litterreceptacle in a manner that the litter will be prevented from being carriedaway or deposited by the elements upon any part of the private or publicproperty or waters.
(a2) Subsection (a1) ofthis section does not apply to the accidental blowing, scattering, or spillingof an insignificant amount of municipal solid waste, as defined in G.S. 130A‑290(18a),during the automated loading of a vehicle designed and constructed to transportmunicipal solid waste if the vehicle is operated in a reasonable manner andaccording to manufacturer specifications.
(b) When litter isblown, scattered, spilled, thrown or placed from a vehicle or watercraft, theoperator thereof shall be presumed to have committed the offense. Thispresumption, however, does not apply to a vehicle transporting nontoxic andbiodegradable agricultural or garden products or supplies, including mulch,tree bark, wood chips, and raw logs.
(c) Any person whoviolates subsection (a) of this section in an amount not exceeding 15 poundsand not for commercial purposes is guilty of a Class 3 misdemeanor punishableby a fine of not less than two hundred fifty dollars ($250.00) nor more thanone thousand dollars ($1,000) for the first offense. In addition, the court mayrequire the violator to perform community service of not less than eight hoursnor more than 24 hours. The community service required shall be to pick uplitter if feasible, and if not feasible, to perform other labor commensuratewith the offense committed. Any second or subsequent violation of subsection(a) of this section in an amount not exceeding 15 pounds and not for commercialpurposes within three years after the date of a prior violation is a Class 3misdemeanor punishable by a fine of not less than five hundred dollars($500.00) nor more than two thousand dollars ($2,000). In addition, the courtmay require the violator to perform community service of not less than 16 hoursnor more than 50 hours. The community service required shall be to pick uplitter if feasible, and if not feasible, to perform other labor commensuratewith the offense committed.
(c1) Any person whoviolates subsection (a1) of this section in an amount not exceeding 15 poundsis guilty of an infraction punishable by a fine of not more than one hundreddollars ($100.00). In addition, the court may require the violator to performcommunity service of not less than four hours nor more than 12 hours. Thecommunity service required shall be to pick up litter if feasible, and if notfeasible, to perform other labor commensurate with the offense committed. Anysecond or subsequent violation of subsection (a1) of this section in an amountnot exceeding 15 pounds within three years after the date of a prior violationis an infraction punishable by a fine of not more than two hundred dollars($200.00). In addition, the court may require the violator to perform communityservice of not less than eight hours nor more than 24 hours. The communityservice required shall be to pick up litter if feasible, and if not feasible,to perform other labor commensurate with the offense committed. For purposes ofthis subsection, the term "litter" shall not include nontoxic andbiodegradable agricultural or garden products or supplies, including mulch,tree bark, and wood chips.
(d) Any person whoviolates subsection (a) of this section in an amount exceeding 15 pounds butnot exceeding 500 pounds and not for commercial purposes is guilty of a Class 3misdemeanor punishable by a fine of not less than five hundred dollars($500.00) nor more than two thousand dollars ($2,000). In addition, the courtshall require the violator to perform community service of not less than 24hours nor more than 100 hours. The community service required shall be to pickup litter if feasible, and if not feasible, to perform other community servicecommensurate with the offense committed.
(d1) Any person whoviolates subsection (a1) of this section in an amount exceeding 15 pounds butnot exceeding 500 pounds is guilty of an infraction punishable by a fine of notmore than two hundred dollars ($200.00). In addition, the court may require theviolator to perform community service of not less than eight hours nor morethan 24 hours. The community service required shall be to pick up litter iffeasible, and if not feasible, to perform other labor commensurate with theoffense committed.
(e) Any person whoviolates subsection (a) of this section in an amount exceeding 500 pounds or inany quantity for commercial purposes, or who discards litter that is ahazardous waste as defined in G.S. 130A‑290 is guilty of a Class Ifelony.
(e1) Any person whoviolates subsection (a1) of this section in an amount exceeding 500 pounds isguilty of an infraction punishable by a fine of not more than three hundreddollars ($300.00). In addition, the court may require the violator to performcommunity service of not less than 16 hours nor more than 50 hours. Thecommunity service required shall be to pick up litter if feasible, and if notfeasible, to perform other labor commensurate with the offense committed.
(e2) If any personviolates subsection (a) or (a1) of this section in an amount exceeding 15pounds or in any quantity for commercial purposes, or discards litter that is ahazardous waste as defined in G.S. 130A‑290, the court shall order theviolator to:
(1) Remove, or renderharmless, the litter that he discarded in violation of this section;
(2) Repair or restoreproperty damaged by, or pay damages for any damage arising out of, hisdiscarding litter in violation of this section; or
(3) Perform communitypublic service relating to the removal of litter discarded in violation of thissection or to the restoration of an area polluted by litter discarded inviolation of this section.
(f) A court may enjoina violation of this section.
(f1) If a violation ofsubsection (a) of this section involves the operation of a motor vehicle, upona finding of guilt, the court shall forward a record of the finding to theDepartment of Transportation, Division of Motor Vehicles, which shall record apenalty of one point on the violator's drivers license pursuant to the pointsystem established by G.S. 20‑16. There shall be no insurance premiumsurcharge or assessment of points under the classification plan adopted underG.S. 58‑36‑65 for a finding of guilt under this section.
(g) A motor vehicle,vessel, aircraft, container, crane, winch, or machine involved in the disposalof more than 500 pounds of litter in violation of subsection (a) of thissection is declared contraband and is subject to seizure and summary forfeitureto the State.
(h) If a personsustains damages arising out of a violation of subsection (a) of this sectionthat is punishable as a felony, a court, in a civil action for the damages,shall order the person to pay the injured party threefold the actual damages ortwo hundred dollars ($200.00), whichever amount is greater. In addition, thecourt shall order the person to pay the injured party's court costs andattorney's fees.
(i) For the purpose ofthe section, unless the context requires otherwise:
(1) "Aircraft"means a motor vehicle or other vehicle that is used or designed to fly, butdoes not include a parachute or any other device used primarily as safetyequipment.
(2) Repealed by SessionLaws 1999‑454, s. 1.
(2a) "Commercialpurposes" means litter discarded by a business, corporation, association,partnership, sole proprietorship, or any other entity conducting business foreconomic gain, or by an employee or agent of the entity.
(3) "Lawenforcement officer" means any law enforcement officer sworn and certifiedpursuant to Chapter 17C or 17E of the General Statutes, except company policeofficers as defined in G.S. 74E‑6(b)(3). In addition, and solely for thepurposes of this section, "law enforcement officer" means anyemployee of a county or municipality designated by the county or municipalityas a litter enforcement officer.
(4) "Litter"means any garbage, rubbish, trash, refuse, can, bottle, box, container,wrapper, paper, paper product, tire, appliance, mechanical equipment or part,building or construction material, tool, machinery, wood, motor vehicle ormotor vehicle part, vessel, aircraft, farm machinery or equipment, sludge froma waste treatment facility, water supply treatment plant, or air pollutioncontrol facility, dead animal, or discarded material in any form resulting fromdomestic, industrial, commercial, mining, agricultural, or governmentaloperations. While being used for or distributed in accordance with theirintended uses, "litter" does not include political pamphlets, handbills,religious tracts, newspapers, and other similar printed materials theunsolicited distribution of which is protected by the Constitution of theUnited States or the Constitution of North Carolina.
(5) "Vehicle"has the same meaning as in G.S. 20‑4.01(49).
(6) "Watercraft"means any boat or vessel used for transportation across the water.
(j) It shall be theduty of all law enforcement officers to enforce the provisions of this section.
(k) This section doesnot limit the authority of any State or local agency to enforce other laws,rules or ordinances relating to litter or solid waste management. (1935, c. 457; 1937, c. 446;1943, c. 543; 1951, c. 975, s. 1; 1953, cc. 387, 1011; 1955, c. 437; 1957, cc.73, 175; 1959, c. 1173; 1971, c. 165; 1973, c. 877; 1977, c. 887, s. 1; 1979,c. 1065, s. 1; 1983, c. 890; 1987, cc. 208, 757; 1989, c. 784, ss. 7.1, 8;1991, c. 609, s. 1; c. 720, s. 49; c. 725, s. 1; 1993, c. 539, ss. 266, 267,1241; 1994, Ex. Sess., c. 24, s. 14(c); 1997‑518, s. 1; 1998‑217,s. 2; 1999‑294, s. 4; 1999‑454, s. 1; 2001‑512, s. 1.)
(a) No person,including any firm, organization, private corporation, or governing body,agents or employees of any municipal corporation shall intentionally orrecklessly throw, scatter, spill or place or intentionally or recklessly causeto be blown, scattered, spilled, thrown or placed or otherwise dispose of anylitter upon any public property or private property not owned by the personwithin this State or in the waters of this State including any public highway,public park, lake, river, ocean, beach, campground, forestland, recreationalarea, trailer park, highway, road, street or alley except:
(1) When the property isdesignated by the State or political subdivision thereof for the disposal ofgarbage and refuse, and the person is authorized to use the property for thispurpose; or
(2) Into a litterreceptacle in a manner that the litter will be prevented from being carriedaway or deposited by the elements upon any part of the private or publicproperty or waters.
(a1) No person, includingany firm, organization, private corporation, or governing body, agents, oremployees of any municipal corporation shall scatter, spill, or place or causeto be blown, scattered, spilled, or placed or otherwise dispose of any litterupon any public property or private property not owned by the person withinthis State or in the waters of this State including any public highway, publicpark, lake, river, ocean, beach, campground, forestland, recreational area,trailer park, highway, road, street, or alley except:
(1) When the property isdesignated by the State or political subdivision thereof for the disposal ofgarbage and refuse, and the person is authorized to use the property for thispurpose; or
(2) Into a litterreceptacle in a manner that the litter will be prevented from being carriedaway or deposited by the elements upon any part of the private or publicproperty or waters.
(a2) Subsection (a1) ofthis section does not apply to the accidental blowing, scattering, or spillingof an insignificant amount of municipal solid waste, as defined in G.S. 130A‑290(18a),during the automated loading of a vehicle designed and constructed to transportmunicipal solid waste if the vehicle is operated in a reasonable manner andaccording to manufacturer specifications.
(b) When litter isblown, scattered, spilled, thrown or placed from a vehicle or watercraft, theoperator thereof shall be presumed to have committed the offense. Thispresumption, however, does not apply to a vehicle transporting nontoxic andbiodegradable agricultural or garden products or supplies, including mulch,tree bark, wood chips, and raw logs.
(c) Any person whoviolates subsection (a) of this section in an amount not exceeding 15 poundsand not for commercial purposes is guilty of a Class 3 misdemeanor punishableby a fine of not less than two hundred fifty dollars ($250.00) nor more thanone thousand dollars ($1,000) for the first offense. In addition, the court mayrequire the violator to perform community service of not less than eight hoursnor more than 24 hours. The community service required shall be to pick uplitter if feasible, and if not feasible, to perform other labor commensuratewith the offense committed. Any second or subsequent violation of subsection(a) of this section in an amount not exceeding 15 pounds and not for commercialpurposes within three years after the date of a prior violation is a Class 3misdemeanor punishable by a fine of not less than five hundred dollars($500.00) nor more than two thousand dollars ($2,000). In addition, the courtmay require the violator to perform community service of not less than 16 hoursnor more than 50 hours. The community service required shall be to pick uplitter if feasible, and if not feasible, to perform other labor commensuratewith the offense committed.
(c1) Any person whoviolates subsection (a1) of this section in an amount not exceeding 15 poundsis guilty of an infraction punishable by a fine of not more than one hundreddollars ($100.00). In addition, the court may require the violator to performcommunity service of not less than four hours nor more than 12 hours. Thecommunity service required shall be to pick up litter if feasible, and if notfeasible, to perform other labor commensurate with the offense committed. Anysecond or subsequent violation of subsection (a1) of this section in an amountnot exceeding 15 pounds within three years after the date of a prior violationis an infraction punishable by a fine of not more than two hundred dollars($200.00). In addition, the court may require the violator to perform communityservice of not less than eight hours nor more than 24 hours. The communityservice required shall be to pick up litter if feasible, and if not feasible,to perform other labor commensurate with the offense committed. For purposes ofthis subsection, the term "litter" shall not include nontoxic andbiodegradable agricultural or garden products or supplies, including mulch,tree bark, and wood chips.
(d) Any person whoviolates subsection (a) of this section in an amount exceeding 15 pounds butnot exceeding 500 pounds and not for commercial purposes is guilty of a Class 3misdemeanor punishable by a fine of not less than five hundred dollars($500.00) nor more than two thousand dollars ($2,000). In addition, the courtshall require the violator to perform community service of not less than 24hours nor more than 100 hours. The community service required shall be to pickup litter if feasible, and if not feasible, to perform other community servicecommensurate with the offense committed.
(d1) Any person whoviolates subsection (a1) of this section in an amount exceeding 15 pounds butnot exceeding 500 pounds is guilty of an infraction punishable by a fine of notmore than two hundred dollars ($200.00). In addition, the court may require theviolator to perform community service of not less than eight hours nor morethan 24 hours. The community service required shall be to pick up litter iffeasible, and if not feasible, to perform other labor commensurate with theoffense committed.
(e) Any person whoviolates subsection (a) of this section in an amount exceeding 500 pounds or inany quantity for commercial purposes, or who discards litter that is ahazardous waste as defined in G.S. 130A‑290 is guilty of a Class Ifelony.
(e1) Any person whoviolates subsection (a1) of this section in an amount exceeding 500 pounds isguilty of an infraction punishable by a fine of not more than three hundreddollars ($300.00). In addition, the court may require the violator to performcommunity service of not less than 16 hours nor more than 50 hours. Thecommunity service required shall be to pick up litter if feasible, and if notfeasible, to perform other labor commensurate with the offense committed.
(e2) If any personviolates subsection (a) or (a1) of this section in an amount exceeding 15pounds or in any quantity for commercial purposes, or discards litter that is ahazardous waste as defined in G.S. 130A‑290, the court shall order theviolator to:
(1) Remove, or renderharmless, the litter that he discarded in violation of this section;
(2) Repair or restoreproperty damaged by, or pay damages for any damage arising out of, hisdiscarding litter in violation of this section; or
(3) Perform communitypublic service relating to the removal of litter discarded in violation of thissection or to the restoration of an area polluted by litter discarded inviolation of this section.
(f) A court may enjoina violation of this section.
(f1) If a violation ofsubsection (a) of this section involves the operation of a motor vehicle, upona finding of guilt, the court shall forward a record of the finding to theDepartment of Transportation, Division of Motor Vehicles, which shall record apenalty of one point on the violator's drivers license pursuant to the pointsystem established by G.S. 20‑16. There shall be no insurance premiumsurcharge or assessment of points under the classification plan adopted underG.S. 58‑36‑65 for a finding of guilt under this section.
(g) A motor vehicle,vessel, aircraft, container, crane, winch, or machine involved in the disposalof more than 500 pounds of litter in violation of subsection (a) of thissection is declared contraband and is subject to seizure and summary forfeitureto the State.
(h) If a personsustains damages arising out of a violation of subsection (a) of this sectionthat is punishable as a felony, a court, in a civil action for the damages,shall order the person to pay the injured party threefold the actual damages ortwo hundred dollars ($200.00), whichever amount is greater. In addition, thecourt shall order the person to pay the injured party's court costs andattorney's fees.
(i) For the purpose ofthe section, unless the context requires otherwise:
(1) "Aircraft"means a motor vehicle or other vehicle that is used or designed to fly, butdoes not include a parachute or any other device used primarily as safetyequipment.
(2) Repealed by SessionLaws 1999‑454, s. 1.
(2a) "Commercialpurposes" means litter discarded by a business, corporation, association,partnership, sole proprietorship, or any other entity conducting business foreconomic gain, or by an employee or agent of the entity.
(3) "Lawenforcement officer" means any law enforcement officer sworn and certifiedpursuant to Chapter 17C or 17E of the General Statutes, except company policeofficers as defined in G.S. 74E‑6(b)(3). In addition, and solely for thepurposes of this section, "law enforcement officer" means anyemployee of a county or municipality designated by the county or municipalityas a litter enforcement officer.
(4) "Litter"means any garbage, rubbish, trash, refuse, can, bottle, box, container,wrapper, paper, paper product, tire, appliance, mechanical equipment or part,building or construction material, tool, machinery, wood, motor vehicle ormotor vehicle part, vessel, aircraft, farm machinery or equipment, sludge froma waste treatment facility, water supply treatment plant, or air pollutioncontrol facility, dead animal, or discarded material in any form resulting fromdomestic, industrial, commercial, mining, agricultural, or governmentaloperations. While being used for or distributed in accordance with theirintended uses, "litter" does not include political pamphlets, handbills,religious tracts, newspapers, and other similar printed materials theunsolicited distribution of which is protected by the Constitution of theUnited States or the Constitution of North Carolina.
(5) "Vehicle"has the same meaning as in G.S. 20‑4.01(49).
(6) "Watercraft"means any boat or vessel used for transportation across the water.
(j) It shall be theduty of all law enforcement officers to enforce the provisions of this section.
(k) This section doesnot limit the authority of any State or local agency to enforce other laws,rules or ordinances relating to litter or solid waste management. (1935, c. 457; 1937, c. 446;1943, c. 543; 1951, c. 975, s. 1; 1953, cc. 387, 1011; 1955, c. 437; 1957, cc.73, 175; 1959, c. 1173; 1971, c. 165; 1973, c. 877; 1977, c. 887, s. 1; 1979,c. 1065, s. 1; 1983, c. 890; 1987, cc. 208, 757; 1989, c. 784, ss. 7.1, 8;1991, c. 609, s. 1; c. 720, s. 49; c. 725, s. 1; 1993, c. 539, ss. 266, 267,1241; 1994, Ex. Sess., c. 24, s. 14(c); 1997‑518, s. 1; 1998‑217,s. 2; 1999‑294, s. 4; 1999‑454, s. 1; 2001‑512, s. 1.)
