The North Carolina Litter Law
Rendered to Readibility
By Judge Bill Leavell
A group of citizen leaders met September 4th and made a commitment to stop the litter in Watauga County. Several people at the meeting volunteered to take on particular tasks in this anti-litter campaign. I agreed to explain the state's litter law, tell how private citizens can help enforce that law and to do all of that in plain English.
The state statute defines litter in a general way as garbage, rubbish, trash or refuse; in a specific way by listing 22 different variations of litter; and in a catch-all provision that includes every other kind of discarded material.
The actual act of littering can be intentional, as when someone throws a can out of a car window, or by careless behavior, as when a driver allows trash to blow out of the back of a truck.
Here are some of the consequences of littering:
l. Littering is a crime. A littering conviction gives a person a misdemeanor criminal record. Littering of hazardous materials, littering by a business or a corporation, or littering of any material in large amounts is a felony. Second and subsequent offenses bring increased punishment. When litter comes out of any kind of vehicle the driver is presumed to be the litterer.
2. Littering is expensive. A first offense of even a small amount of litter brings a mandatory fine of at least $250.
3. Littering is embarrassing. Judges can order litterers to pick up trash.
What can you do if you witness littering? If you see a person litter or you see litter coming out of a vehicle and you know who the person is or who the driver is then you can go to the magistrate and swear out a criminal warrant against that person. The district attorney prosecutes criminal cases.
If you witness littering and you don't know who the litterer is then you can contact the police department or the sheriff's office. If you can provide enough information (such as license plate number, description of the litterer or the exact location of the litter) then law enforcement may be able to make a case against the litterer. If the law enforcement officer you talk to isn't enthusiastic about working on a littering case then you can quote directly from the littering statute, "It shall be the duty of all law enforcement officers to enforce the provisions of this section." The state's litter law is found in the North Carolina General Statutes, Chapter 14, Section 399.
That's the state litter law in a nutshell. The Town of Boone also has a Littering Ordinance, No. 91.16. Littering on federal land and certain types of littering involve federal statutes.
Congratulations to the people of this area for recognizing litter as a problem and working together to stop the litter.
Bill Leavell
District Court Judge