§339-4  Prohibition.  (a)  No person shall discard or otherwise dispose of litter in a public place, or on private property, or in the waters of the State except:

     (1)  In a place which is designated by the department or the county for the disposal of garbage and refuse.

     (2)  Into a litter receptacle.

     (3)  Into a litter bag, provided that the bag is disposed of properly into a litter receptacle or in a place which is designated by the department or the county for the disposal of garbage and refuse.

It shall be an affirmative defense that the defendant had consent of the owner in control of the property.

     (b)  In the case of litter discarded or deposited from a vehicle on any highway, the driver of the vehicle may be cited for any litter discarded or deposited from such vehicle.

     (c)  No person in any way shall damage any litter receptacle so as to interfere with its proper function or to detrimentally affect its proper appearance.

     (d)  No person shall remove from its place, any litter receptacle which the person does not own, or for which the person does not have responsibility.

     (e)  No person shall transport litter from private households or commercial activities and discard them in litter receptacles located in public places. [L Sp 1977 1st, c 2, pt of §2; am L 1979, c 60, §3; am L 1985, c 97, §2; gen ch 1985]

Cross References

  Littering from vehicles, see §291C-132.