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      RS 30:2531.1     

  

§2531.1. Gross littering prohibited; criminal penalties; indemnification

            A. No person shall intentionally dispose or permit the disposal of any household or office furniture or appliances, automotive parts, including but not limited to tires and engines, trailers, boats and boating accessories, tools and equipment, building materials, roofing nails, and bags or boxes of household or office garbage or refuse upon any public place in the state, upon private property in this state not owned by him, upon property located in rural areas in this state not owned by him, or in or on the waters of this state, whether from a vehicle or otherwise, including but not limited to any public highway, public right-of-way, public park, beach, campground, forest land, recreational area, trailer park, highway, road, street, or alley, except when such property is designated by the state or by any of its agencies or political subdivisions for the disposal of such items and such person is authorized to use such property for such purpose.

            B.(1) If the litter listed in Subsection A is disposed of from a motor vehicle, boat, or conveyance, except a bus or large passenger vehicle or a school bus, all as defined by R.S. 32:1, there shall be an inference that the driver of the conveyance disposed of the litter. If such litter was possessed by a specific person immediately before the act of disposing, there shall be an inference that the possessor committed the act of disposing.

            (2) When litter disposed in violation of this Section is discovered to contain any article or articles, including but not limited to letters, bills, publications, or other writings, which display the name of a person or in any other manner indicate that the article belongs or belonged to such person, there shall be an inference that such person has violated this Section.

            C. The person shall be cited for the offense by means of a citation, summons, or other means provided by law.

            D.(1) Whoever violates the provisions of this Section shall, upon first conviction, be fined nine hundred dollars and sentenced to serve sixteen hours of community service in a litter abatement work program as approved by the court and may be imprisoned for not more than thirty days.

            (2) Upon second conviction, an offender shall be fined not less than two thousand dollars nor more than five thousand dollars and sentenced to serve twenty-four hours of community service in a litter abatement work program as approved by the court and may be imprisoned for not more than thirty days.

            (3) Upon third or subsequent conviction, an offender shall be fined not less than three thousand dollars nor more than ten thousand dollars, have his motor vehicle driver's license suspended for one year, be imprisoned for not more than thirty days, or sentenced to serve not less than forty-eight and not more than one hundred hours in a litter abatement work program as approved by the court, or all or any combination of the aforementioned penalties.

            (4) The judge may require an individual convicted of a violation of this Section to remove litter from state highways, public rights-of-way, public playgrounds, public parks, or other appropriate locations for any prescribed period of time in lieu of the penalties prescribed in this Section.

            E. A person may be found guilty and fined under this Section although the commission of the offense did not occur in the presence of a law enforcement officer if the evidence presented to the court establishes that the defendant has committed the offense.

            F. For the purposes of this Section, each occurrence shall constitute a separate violation.

            G. In addition to penalties otherwise provided, a person convicted under this Section shall:

            (1) Repair or restore property damaged by or pay damages for any damage arising out of the violation of this Section.

            (2) Pay all reasonable investigative expenses and costs to the investigative agency or agencies.

            Acts 1998, 1st Ex. Sess., No. 148, §3; Acts 2006, No. 234, §1; Acts 2015, No. 368, §1; Acts 2017, No. 128, §1; Acts 2018, No. 499, §1.



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