(a) It is unlawful for any driver or passenger of a motor vehicle or other conveyance to place, deposit, dump, throw, or cause to be placed, deposited, dumped, or thrown, any litter from a motor vehicle or other conveyance in or upon any public or private highway, road, street, or alley; any private property; any public property; or the waters of the state or within 100 feet of the waters of this state, except in a proper litter or other solid waste receptacle.
(b) For purposes of this section,
LITTER means all waste material including, but not limited to, any garbage, refuse, trash, disposable package, container, can, bottle, paper, ashes, cigarette or cigar butt, carcass of any dead animal or any part thereof, or any other offensive or unsightly matter, but not including the wastes of primary processes of mining, logging, sawmilling, farming, or manufacturing.
(c) When there is more than one occupant in a motor vehicle or other conveyance and it can not be determined which occupant is responsible for violating this section, the driver shall be presumed to be responsible for the violation.
(W. Va. Code 17C-14-14)