(a) Prohibited conduct. A person must not:
(1) dispose of garbage or other solid waste on a highway or violate State vehicle laws regarding disposal of litter, glass, and other prohibited substances on highways; or
(2) dispose of, or cause or allow the disposal of, garbage or other solid waste on public or private property unless:
(i) the property is designated by the State, a unit of the State, or a political subdivision of the State for the disposal of garbage or other solid waste and the person is authorized by the proper public authority to use the property; or
(ii) the garbage or other solid waste is placed into a garbage or solid waste receptacle or container on the property.
(b) Presumption of responsibility.
(1) If two or more individuals occupy a vehicle from which garbage or other solid waste is disposed in violation of subsection (a), and it cannot be determined which occupant is the violator:
(A) if present the owner of the vehicle is presumed to be responsible for the violation; or
(B) if the owner of the vehicle is not present, the operator is presumed to be responsible for the violation.
(2) If the occupants of a vehicle from which garbage or other solid waste is disposed in violation of subsection cannot be determined, the owner of the vehicle is presumed to be responsible for the violation.
(c) Property owner not in court. Notwithstanding any other law, if the facts of a case in which a person is charged with violating this Section are sufficient to prove that the person is responsible for the violation, the owner of the property on which the violation allegedly occurred need not be present at a court proceeding regarding the case.
(d) Penalty. A person who violates this Section is subject to the following penalties:
(1) a maximum civil fine of $500 for a first offense, and $1,000 for subsequent offenses; or
(2) a criminal penalty as follows:
(A) A person who disposes of garbage or other solid waste in violation of this Section in an amount not exceeding 100 pounds or 27 cubic feet and not for commercial gain is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 30 days or a fine not exceeding $1,500 or both.
(B) A person who disposes of garbage or other solid waste in violation of this Section in an amount exceeding 100 pounds or 27 cubic feet, but not exceeding 500 pounds or 216 cubic feet, and not for commercial gain is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding one year or a fine not exceeding $12,500 or both.
(C) A person who disposes of garbage or other solid waste in violation of this Section in an amount exceeding 500 pounds or 216 cubic feet or in any amount for commercial gain is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding five years or a fine not exceeding $30,000 or both.
(3) In addition to the penalties provided under paragraphs (1) and (2) of this subsection, a court may order the violator to:
(A) remove the garbage or other solid waste disposed of in violation of this Section;
(B) repair or restore any property damaged by, or pay damages for, the disposal of the garbage or other solid waste in violation of this Section;
(C) perform public service relating to the removal of garbage or other solid waste disposed of in violation of this Section or to the restoration of an area polluted by garbage or other solid waste disposed of in violation of this Section; or
(D) reimburse the State, the County, or a municipal corporation or bi-county unit for its costs incurred in removing the garbage or other solid waste disposed of in violation of this Section.
(e) Nothing in this Section authorizes a person to deposit or dispose of garbage or other solid waste in another’s container without written consent or personal direction required under Section 48-11A. (1981 L.M.C., ch. 37, § 1; 1983 L.M.C., ch. 22, § 53; 2016 L.M.C., ch. 6, § 1.)
Editor’s note—See County Attorney Opinion dated 5/2/90 explaining that a blanket prohibition on the deposit of publications on private property may violate the freedom of the press and speech. [attachments]