GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
S	2
SENATE BILL 1014
Corrected Copy 4/9/01

 
Short Title:	Strengthen Littering Laws.	()	
Sponsors:	Senators Albertson;  Allran, Carpenter, Harris, Martin of Guilford, Swindell, and Wellons.	
Referred to:	Agriculture/Environment/Natural Resources.	
April 5, 2001

	A BILL TO BE ENTITLED
AN ACT to STRENGTHEN the littering laws.

The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 14‑399 reads as rewritten:
"§ 14‑399.  Littering.
(a)	No person, including but not limited to, any firm, organization, private corporation, or governing body, agents or employees of any municipal corporation shall throw, scatter, spill or place or cause to be blown, scattered, spilled, thrown or placed or otherwise dispose of any litter upon any public property or private property not owned by him within this State or in the waters of this State including, but not limited to, any public highway, public park, lake, river, ocean, beach, campground, forest land, recreational area, trailer park, highway, road, street or alley except:
(1)	When the property is designated by the State or political subdivision thereof for the disposal of garbage and refuse, and the person is authorized to use the property for this purpose; or
(2)	Into a litter receptacle in such a manner that the litter will be prevented from being carried away or deposited by the elements upon any part of such private or public property or waters.
(b)	When litter is blown, scattered, spilled, thrown or placed from a vehicle or watercraft, the operator thereof shall be presumed to have committed the offense. This presumption, however, does not apply to a vehicle transporting agricultural products or supplies when the litter from that vehicle is a nontoxic, biodegradable agricultural product or supply.
(c)	Any person who violates this section in an amount not exceeding 15 pounds and not for commercial purposes is guilty of a Class 3 misdemeanor punishable by a fine of not less than two hundred fifty dollars ($250.00) nor more than one thousand dollars ($1,000) for the first offense. In addition, the court may require the violator to perform community service of not less than eight hours nor more than 24 hours. The community service required shall be to pick up litter if feasible, and if not feasible, to perform other labor commensurate with the offense committed. Any second or subsequent offense within three years after the date of a prior offense is punishable by a fine of not less than five hundred dollars ($500.00) nor more than two thousand dollars ($2,000). In addition, the court may require the violator to perform community service of not less than 16 hours nor more than 50 hours. The community service required shall be to pick up litter if feasible, and if not feasible, to perform other labor commensurate with the offense committed.
(d)	Any person who violates this section in an amount exceeding 15 pounds but not exceeding 500 pounds and not for commercial purposes is guilty of a Class 3 misdemeanor punishable by a fine of not less than five hundred dollars ($500.00) nor more than two thousand dollars ($2,000). In addition, the court shall require the violator to perform community service of not less than 24 hours nor more than 100 hours. The community service required shall be to pick up litter if feasible, and if not feasible, to perform other community service commensurate with the offense committed.
(e)	Any person who violates this section in an amount exceeding 500 pounds or in any quantity for commercial purposes, or who discards litter that is a hazardous waste as defined in G.S. 130A‑290 is guilty of a Class I felony. In addition, the court shall order the violator to:
(1)	Remove, or render harmless, the litter that he discarded in violation of this section;
(2)	Repair or restore property damaged by, or pay damages for any damage arising out of, his discarding litter in violation of this section; or
(3)	Perform community public service relating to the removal of litter discarded in violation of this section or to the restoration of an area polluted by litter discarded in violation of this section.
(f)	A court may enjoin a violation of this section.
(f1)	If a violation of this section involves the operation of a motor vehicle, upon a finding of guilt, the court shall forward a record of the finding to the Department of Transportation, Division of Motor Vehicles, which shall record a penalty of one point on the violator's drivers license pursuant to the point system established by G.S. 20‑16. There shall be no insurance premium surcharge or assessment of points under the classification plan adopted under G.S. 58‑36‑65 for a finding of guilt under this section.
(g)	A motor vehicle, vessel, aircraft, container, crane, winch, or machine involved in the disposal of more than 500 pounds of litter in violation of this section is declared contraband and is subject to seizure and summary forfeiture to the State.
(h)	If a person sustains damages arising out of a violation of this section that is punishable as a felony, a court, in a civil action for the damages, shall order the person to pay the injured party threefold the actual damages or two hundred dollars ($200.00), whichever amount is greater. In addition, the court shall order the person to pay the injured party's court costs and attorney's fees.
(i)	For the purpose of the section, unless the context requires otherwise:
(1)	"Aircraft" means a motor vehicle or other vehicle that is used or designed to fly, but does not include a parachute or any other device used primarily as safety equipment.
(2)	Repealed by Session Laws 1999‑454, s. 1.
(2a)	"Commercial purposes" means litter discarded by a business, corporation, association, partnership, sole proprietorship, or any other entity conducting business for economic gain, or by an employee or agent of the entity.
(3)	"Law enforcement officer" means any law enforcement officer sworn and certified pursuant to Chapter 17C or 17E of the General Statutes, except company police officers as defined in G.S. 74E-6(b)(3). In addition, and solely for the purposes of this section, "law enforcement officer" means any employee of a county or municipality designated by the county or municipality as a litter enforcement officer. (4)	"Litter" means any garbage, rubbish, trash, refuse, can, bottle, box, container, wrapper, paper, paper product, tire, appliance, mechanical equipment or part, building or construction material, tool, machinery, wood, motor vehicle or motor vehicle part, vessel, aircraft, farm machinery or equipment, sludge from a waste treatment facility, water supply treatment plant, or air pollution control facility, dead animal, or discarded material in any form resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations. While being used for or distributed in accordance with their intended uses, "litter" does not include political pamphlets, handbills, religious tracts, newspapers, and other similar printed materials the unsolicited distribution of which is protected by the Constitution of the United States or the Constitution of North Carolina.
(5)	"Vehicle" has the same meaning as in G.S. 20-4.01(49). (6)	"Watercraft" means any boat or vessel used for transportation across the water.
(j)	It shall be the duty of all law enforcement officers to enforce the provisions of this section.
(k)	This section does not limit the authority of any State or local agency to enforce other laws, rules or ordinances relating to litter or solid waste management."
SECTION 2.  Article 52 of Chapter 52 of the General Statutes is amended by adding a new section to read:
"§ 14-399.3.  Littering; infraction.
(a)	No person, including, but not limited to, any firm, organization, private corporation, or governing body, agents or employees of any municipal corporation shall throw, scatter, spill or place or cause to be blown, scattered, spilled, thrown or placed or otherwise dispose of any litter upon any public property or private property not owned by him within this State or in the waters of this State including, but not limited to, any public highway, public park, lake, river, ocean, beach, campground, forestland, recreational area, trailer park, highway, road, street or alley except:
(1)	When the property is designated by the State or political subdivision thereof for the disposal of garbage and refuse, and the person is authorized to use the property for this purpose; or
(2)	Into a litter receptacle in a manner that the litter will be prevented from being carried away or deposited by the elements upon any part of the private or public property or waters.
(b)	When litter is blown, scattered, spilled, thrown or placed from a vehicle or watercraft, the operator thereof shall be presumed to have committed the offense. This presumption, however, does not apply to a vehicle transporting agricultural products or supplies when the litter from that vehicle is a nontoxic, biodegradable agricultural product or supply.
(c)	A violation of this section in an amount not exceeding 15 pounds and not for commercial purposes is an infraction and shall be punished by a penalty of twenty-five dollars ($25.00). Responsibility for an infraction under this subsection has no consequence other than payment of a penalty. In addition, the court may require the violator to perform community service of not less than four hours nor more than 12 hours. The community service required shall be to pick up litter if feasible, and if not feasible, to perform other labor commensurate with the offense committed.
(d)	A violation of this section in an amount exceeding 15 pounds but not exceeding 500 pounds and not for commercial purposes is an infraction and shall be punished by a penalty of fifty dollars ($50.00). In addition, the court may require the violator to perform community service of not less than 12 hours nor more than 24 hours. The community service required shall be to pick up litter if feasible, and if not feasible, to perform other community service commensurate with the offense committed.
(e)	A person found responsible for a violation of this section shall not be assessed court costs. No drivers license points or insurance surcharge shall be assessed on account of violation of this section.
(f)	Notwithstanding any other provision of law, it shall be the duty of all law enforcement officers to enforce the provisions of this section.
(g)	This section does not limit the authority of any State or local agency to enforce other laws, rules or ordinances relating to litter or solid waste management.
(h)	The definitions in G.S. 14-399 apply to this section."
SECTION 3.  G.S. 20‑116(g) reads as rewritten:
"(g)	No vehicle shall be driven or moved on any highway unless the vehicle is constructed or loaded to prevent any of its load from dropping, sifting, leaking, or otherwise escaping therefrom, except that sand may be dropped for the purpose of securing traction, or water or other substance may be sprinkled on a roadway in cleaning or maintaining such roadway. Vehicles shall not contain any holes, cracks, or openings through which any material may escape.
Trucks, trailers or other vehicles when loaded with rock, gravel, stone or any other substance that could fall, blow, leak, sift or drop shall not be driven or moved on any highway unless the height of the load against all four walls does not extend above a horizontal line six inches below their tops when loaded and the load shall be securely covered by tarpaulin or some other suitable covering to prevent any of its load from dropping, sifting, leaking, blowing, or otherwise escaping therefrom.
Provided this section shall not be applicable to or in any manner restrict the transportation of seed cotton, poultry, livestock, silage, or other feed grain used in the feeding of poultry or livestock."
SECTION 4.  Article 2 of Chapter 136 of the General Statutes is amended by adding a new section to read as follows:
"§ 136-28.11.  Litter removal as part of mowing or maintenance contracts.
The Department of Transportation shall remove or provide for the removal of debris, trash, and litter from the highway and highway right-of-way before mowing or otherwise maintaining the highway or highway right-of-way. The Department of Transportation shall include as a term of any contract that it enters into for the mowing or maintenance of a highway or a highway right-of-way that the contracting party must remove or provide for the removal of debris, trash, and litter from the highway and highway right-of-way before mowing or otherwise maintaining the highway or highway right-of-way."
SECTION 5.  G.S. 153A‑136 reads as rewritten:
"§ 153A‑136.  Regulation of solid wastes.
(a)	A county may by ordinance regulate the storage, collection, transportation, use, disposal, and other disposition of solid wastes. Such an ordinance may:
(1)	Regulate the activities of persons, firms, and corporations, both public and private.
(2)	Require each person wishing to commercially collect or dispose of solid wastes to secure a license from the county and prohibit any person from commercially collecting or disposing of solid wastes without a license. A fee may be charged for a license.
(3)	Grant a franchise to one or more persons for the exclusive right to commercially collect or dispose of solid wastes within all or a defined portion of the county and prohibit any other person from commercially collecting or disposing of solid wastes in that area. The board of commissioners may set the terms of any franchise, except that no franchise may be granted for a period exceeding 30 years, nor may any franchise by its terms impair the authority of the board of commissioners to regulate fees as authorized by this section.
(4)	Regulate the fees, if any, that may be charged by licensed or franchised persons for collecting or disposing of solid wastes.
(5)	Require the source separation of materials prior to collection of solid waste for disposal.
(6)	Require participation in a recycling program by requiring separation of designated materials by the owner or occupant of the property prior to disposal. An owner of recovered materials as defined by G.S. 130A‑290(a)(24) retains ownership of the recovered materials until the owner conveys, sells, donates, or otherwise transfers the recovered materials to a person, firm, company, corporation, or unit of local government. A county may not require an owner to convey, sell, donate, or otherwise transfer recovered materials to the county or its designee. If an owner places recovered materials in receptacles or delivers recovered materials to specific locations, receptacles, and facilities that are owned or operated by the county or its designee, then ownership of these materials is transferred to the county or its designee.
(6a)	Regulate the illegal disposal of solid waste, including littering, on public and private property, provide for enforcement by civil penalties as well as other remedies, and provide that such regulations may be enforced by specially appointed environmental officers.
(7)	Include any other proper matter.
(b)	Any ordinance adopted pursuant to this section shall be consistent with and supplementary to any rules adopted by the Commission for Health Services or the Department of Environment and Natural Resources.
(c)	The board of commissioners of a county shall consider alternative sites and socioeconomic and demographic data and shall hold a public hearing prior to selecting or approving a site for a new sanitary landfill that receives residential solid waste that is located within one mile of an existing sanitary landfill within the State. The distance between an existing and a proposed site shall be determined by measurement between the closest points on the outer boundary of each site. The definitions set out in G.S. 130A‑290 apply to this subsection. As used in this subsection:
(1)	"Approving a site" refers to prior approval of a site under G.S. 130A‑294(a)(4).
(2)	"Existing sanitary landfill" means a sanitary landfill that is in operation or that has been in operation within the five‑year period immediately prior to the date on which an application for a permit is submitted.
(3)	"New sanitary landfill" means a sanitary landfill that includes areas not within the legal description of an existing sanitary landfill as set out in the permit for the existing sanitary landfill.
(4)	"Socioeconomic and demographic data" means the most recent socioeconomic and demographic data compiled by the United States Bureau of the Census and any additional socioeconomic and demographic data submitted at the public hearing.
(d)	As used in this section, "solid waste" means nonhazardous solid waste, that is, solid waste as defined in G.S. 130A‑290 but not including hazardous waste."
SECTION 6.  G.S. 160A‑185 reads as rewritten:
"§ 160A‑185.  Emission of pollutants or contaminants.
A city may by ordinance regulate, restrict, or prohibit the emission or disposal of substances or effluents that tend to pollute or contaminate land, water, or air, rendering or tending to render it injurious to human health or welfare, to animal or plant life or to property, or interfering or tending to interfere with the enjoyment of life or property. A city may by ordinance regulate the illegal disposal of solid waste, including littering, on public and private property, provide for enforcement by civil penalties as well as other remedies, and provide that such regulations may be enforced by specially appointed environmental enforcement officers. Any such ordinance shall be consistent with and supplementary to State and federal laws and regulations."
SECTION 7.  Article 9 of Chapter 163 of the General Statutes is amended by adding a new section to read:
"§ 163-22.3. Littering notification and pledge.
At the time an individual files with the State Board of Elections a notice of candidacy pursuant to G.S. 163-106, 163-112, 163-291, 163-294.2, or 163-323, is certified to the State Board of Elections by a political party executive committee to fill a nomination vacancy pursuant to G.S. 163-114, is certified to the State Board of Elections by a new political party as that party's nominee pursuant to G.S. 163-98, qualifies with the State Board of Elections as an unaffiliated or write-in candidate pursuant to Article 11 of this Chapter, or formally initiates a candidacy with the State Board of Elections pursuant to any statute or local act, the State Board of Elections shall do both of the following:
(1)	Notify the candidate of the provisions concerning campaign signs in G.S. 136-32 and G.S. 14-156 and the rules adopted by the Department of Transportation pursuant to G.S. 136-18.
(2)	Require that the candidate sign a pledge to comply with those statutes and rules. The State Board of Elections shall prepare a form for the pledge."
SECTION 8.  Article 4 of Chapter 163 of the General Statutes is amended by adding a new section to read:
"§ 163-33.3. Littering notification and pledge.
At the time an individual files with a county board of elections a notice of candidacy pursuant to G.S. 163-106, 163-112, 163-291, or 163-294.2, is certified to a county board of elections by a political party executive committee to fill a nomination vacancy pursuant to G.S. 163-114, qualifies with a county board of elections as an unaffiliated or write-in candidate pursuant to Article 11 of this Chapter, or formally initiates with a county board of elections a candidacy pursuant to any statute or local act, that county board of elections shall do both of the following:
(1)	Notify the candidate of the provisions concerning campaign signs in G.S. 136-32 and G.S. 14-156 and the rules adopted by the Department of Transportation pursuant to G.S. 136-18.
(2)	Require that the candidate sign a pledge to comply with those statutes and rules. The State Board of Elections shall prepare a form for the pledge."SECTION 9. The existing text of G.S. 147‑12 is designated as subsection (a) of that section.  G.S. 147‑12 is amended by adding a new subsection to read:
"(b)	The Governor shall be responsible for developing, coordinating, and implementing the litter prevention and litter removal efforts and initiatives of the State of North Carolina.  The Division of Motor Vehicles of the Department of Transportation, the State Highway Patrol, every sheriff' department, and every police department in the State shall deliver to the Governor by February 1 and August 1 of each year detailed information on the agency's litter enforcement, litter prevention, and litter removal efforts.  The Administrative Office of the Courts shall deliver to the Governor by February 1 and August 1 of each year detailed information on the enforcement of the littering laws of the State, including the number of citations issued and arrests conducted pursuant to the littering laws of the State and the conviction rate associated with the specific offenses.  The Governor shall gather the information submitted by the respective agencies and deliver a consolidated biannual report on or before March 1 and September 1 of each year to the Environmental Review Commission, the Joint Legislative Transportation Oversight Committee, and the House of Representatives and the Senate Appropriations Subcommittees on Natural and Economic Resources."
SECTION 10.  The first reports required to be delivered by the Division of Motor Vehicles of the Department of Transportation, the State Highway Patrol, every sheriff' department, and every police department in the State to the Governor under G.S. 147‑12(b), as enacted by Section 9 of this act, shall be due February 1, 2002.  The first report required to be delivered by the Governor to the Environmental Review Commission, the Joint Legislative Transportation Oversight Committee, and the House of Representatives and the Senate Appropriations Subcommittees on Natural and Economic Resources under G.S. 147‑12(b), as enacted by Section 9 of this act, shall be due March 1, 2002.
SECTION 11.  Sections 5, 6, 10, and 11 of this act are effective when it becomes law.  The remaining sections of the act become effective October 1, 2001.