(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 one hundred feet of the waters of the state, except in a proper litter or other solid waste receptacle.
(B) For purposes of this subchapter, 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 subchapter, the driver shall be presumed to be responsible for the violation.
(Prior Code, § 349.21) Penalty, see § 75.999
Statutory reference:
Related provisions, see W.Va. Code § 17C-14-14