February 15, 2002 |
2002-R-0220 | |
CONNECTICUT'S LITTERING LAW | ||
By: Paul Frisman, Research Analyst | ||
You asked about the history of Connecticut's litter law, the amount of the fine for littering, and the last time the fine was changed. You also asked about littering laws in other states.
SUMMARY
Connecticut has had an anti-litter law since at least 1897, when people who threw nails, tacks, scrap iron and certain other debris on highways or streets could be fined $ 20. The law and the fine have changed many times since. The most recent change in the fine occurred in 1992, when littering was made an infraction. An infraction is punishable by a fine, usually set by a Superior Court judge, of between $ 35 and $ 90, plus an additional fee based on the amount of the fine and a $ 20 surcharge. An infraction is not a crime. Violators do not have criminal records and can pay the fine by mail.
The penalty for littering in nearby states varies widely, with fines in Massachusetts reaching a maximum of $ 10,000. Some states also suspend violators' drivers licenses, require offenders to remove litter, or order them to perform community service.
CONNECTICUT LITTERING LAW
The law prohibits people from throwing, scattering, spilling, placing or causing to be blown, scattered, spilled, thrown or placed, litter upon any public property, private property belonging to another, or any state waters (CGS § 22a-250).
Litter is any discarded, used, or unconsumed substance or waste material, including bottles, cans, jars, and their detachable tops; unlit cigarettes, cigars, and matches; any flaming or glowing material or any garbage, trash, refuse, debris, rubbish, grass clippings, lawn or garden waste, newspapers, magazines, or glass, metal, plastic or paper containers, or other packaging or construction material (CGS §22a-248(4)).
Littering does not occur if a person is authorized to dispose of waste on property the state or a municipality has designated for such use, or if someone properly deposits waste in a receptacle.
Table 1 shows a chronology of the state's litter law.
Table 1: Changes in the Connecticut Litter Law
Year |
Litter is |
Left on or at |
Fine |
1897 |
Nails, tacks, glass, crockery, scrap iron, wire |
Highways, streets |
Maximum of $ 20 |
1955 |
adds: trash, papers and other offensive materials |
Maximum of $ 50 | |
1959 |
adds: state parks and beaches |
||
1963 |
adds: state forests |
Maximum of $ 100 and up to 30 days in jail | |
1967 |
Fine increased to $ 200 | ||
1969 |
adds: lakes, ponds, boat launches and other public recreational facilities |
||
1974 |
Current definition |
adds: any public property or private property owned by another |
Eliminated jail time and reduced penalty to $ 10 for first offense, up to $ 100 for subsequent offenses. Court can order litterer to remove litter from where he left it. |
1978 |
adds: Court can order repeat offenders to pick up litter for between four and 12 hours for a second conviction; between 8 and 35 hours for a third or subsequent conviction. |
Table 1 (Continued)
Year |
Litter is |
Left on or at |
Fine |
1985 |
Penalty changed to infraction. Eliminates other penalties | ||
1988 |
Penalty changed to maximum fine of $ 250 | ||
1992 |
Penalty changed to infraction |
LITTERING PENALTIES IN OTHER STATES
New Jersey
Littering is punishable by a fine of between $ 100 and $ 500. In addition, a court may order the litterer to perform between 20 and 40 hours of community service, including litter pickup and removal from any public property, or from any private property (with the owner's permission) where the littering occurred.
A person who commits a subsequent offense within six months of a previous conviction can be fined between $ 250 and $ 1,000, and sentenced to up to 60 days in jail. In addition, he may be ordered to perform between 40 and 80 hours of community service, including litter pickup and removal from any public property or from any private property, with the owner's permission (N. J. Stat. Ann. § 13: 1E-99. 3).
Massachusetts
Littering on or within 20 yards of a public highway, or upon public land or coastal or inland waters, is a crime for which violators may be fined up to $ 3,000 for a first offense and up to $ 10,000 for subsequent offenses. The court may order the person to remove the litter at his own expense (Mass. Gen. Laws Ch. 270 § 16). Alternatively, Massachusetts law authorizes law enforcement officers who witness littering to order the individual to appear in court to pay a non-criminal fine. Fines are $ 20 for the first three offenses committed in a calendar year and $ 100 for subsequent offenses within the calendar year. Anyone who fails to pay the fines is subject to criminal charges (Mass. Gen. Laws Ch. 270 § 16A). In addition, the registrar of motor vehicles may suspend for up to seven days the driver's license of someone who litters from his car, or who knowingly permits others in his car to litter (Mass. Gen. Laws Ch. 90 § 22G).
Rhode Island
First-time litterers may be fined between $ 30 and $ 500. Individuals paying $ 30 fines can do so by mail instead of going to court. The court also may order a litterer to pick up litter for between two and 25 hours. Subsequent offenders may be fined between $ 300 and $ 500. The court also may order subsequent offenders to pick up litter for between four and 50 hours. Anyone convicted of littering is also liable for the costs of removing the litter he deposited (R. I. Gen Laws § 37-15-7).
Vermont
Litterers are subject to fines of up to $ 500 and may be ordered to spend up to 80 hours collecting trash or litter from a specified portion of a road or a specified area of public property. Failure to pay the fine results in suspension of an individual's driver's license for 10 days and revocation of his hunting or fishing license for one year from the date of conviction. (Vt. Stat. Ann. Tit. 24 § 2001).
New Hampshire
Littering is a misdemeanor punishable by a maximum fine of $ 2,000. Instead of the fine, a court may order the individual to pick up and remove litter he has deposited, as well as litter left at the site by anyone else. If the litter was thrown from a motor vehicle, his license also may be suspended for up to seven days. The court may order the publication of the names of convicted litterers (N. H. Rev. Stat. Ann. § 163-B: 4).
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