North Carolina SB 81: Litter Definition Clarification.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2019
S D
SENATE BILL DRS55016-ML-36B*

Short Title: Litter Definition Clarification. (Public)
Sponsors: Senator T. Alexander (Primary Sponsor).
Referred to:

*DRS55016-ML-36B*
A BILL TO BE ENTITLED 1
AN ACT TO CLARIFY THAT THE TERM "LITTER" INCLUDES YARD WASTE. 2
The General Assembly of North Carolina enacts: 3
SECTION 1. G.S. 14-399 reads as rewritten: 4
"§ 14-399. Littering. 5
... 6
(a3) Subsections (a) and (a1) of this section do not apply to the placement of yard waste 7
on or near a curbside in accordance with the applicable local ordinance for collection by a yard 8
waste collection service. For purposes of this section, the term "yard waste" includes grass 9
clippings, leaves, shrubbery trimmings, and any other plant material resulting from lawn 10
maintenance and other horticultural gardening and landscaping activities. 11
... 12
(c1) Any person who violates subsection (a1) of this section in an amount not exceeding 13
15 pounds is guilty of an infraction punishable by a fine of not more than one hundred dollars 14
($100.00). In addition, the court may require the violator to perform community service of not 15
less than four hours nor more than 12 hours. The community service required shall be to pick up 16
litter if feasible, and if not feasible, to perform other labor commensurate with the offense 17
committed. Any second or subsequent violation of subsection (a1) of this section in an amount 18
not exceeding 15 pounds within three years after the date of a prior violation is an infraction 19
punishable by a fine of not more than two hundred dollars ($200.00). In addition, the court may 20
require the violator to perform community service of not less than eight hours nor more than 24 21
hours. The community service required shall be to pick up litter if feasible, and if not feasible, to 22
perform other labor commensurate with the offense committed. For purposes of this subsection, 23
the term "litter" shall not include nontoxic and biodegradable agricultural or garden products or 24
supplies, including mulch, tree bark, and wood chips. 25
... 26
(i) For the purpose of the section, unless the context requires otherwise: 27
... 28
(4) "Litter" means any garbage, rubbish, trash, refuse, yard waste, can, bottle, box, 29
container, wrapper, paper, paper product, tire, appliance, mechanical 30
equipment or part, building or construction material, tool, machinery, wood, 31
motor vehicle or motor vehicle part, vessel, aircraft, farm machinery or 32
equipment, sludge from a waste treatment facility, water supply treatment 33
plant, or air pollution control facility, dead animal, or discarded material in 34
any form resulting from domestic, industrial, commercial, mining, 35
agricultural, or governmental operations. While being used for or distributed 36
FILED SENATE
Feb 19, 2019
S.B. 81
PRINCIPAL CLERK

General Assembly Of North Carolina Session 2019
Page 2 DRS55016-ML-36B*
in accordance with their intended uses, "litter" does not include political 1
pamphlets, handbills, religious tracts, newspapers, and other similar printed 2
materials the unsolicited distribution of which is protected by the Constitution 3
of the United States or the Constitution of North Carolina. 4
...." 5
SECTION 2. This act becomes effective December 1, 2019, and applies to offenses 6
committed on or after that date. 7