§ 45-49-170 — Mobile County Litter Control Act

(a)(1) Recognizing the rapid growth of the County of Mobile and the need for a healthful, clean, and beautiful environment; and further recognizing that the proliferation and accumulation of litter discarded throughout Mobile County impairs this need and constitutes a public health hazard; and further recognizing the addition need of effective litter control, there is hereby enacted this Mobile County Litter Control Act.
(2) The purpose of this section is to accomplish litter control throughout Mobile County and its municipalities.
(b) As used in this section unless the context indicates otherwise:
(1) LITTER. Any bottles, glass, crockery, cans, scrapmetal, junk, paper, garbage, rubbish, or similar refuse discharged as no longer useful or useable.
(2) PERSON. An individual, partnership, firm, corporation, association, or other entity.
(3) PUBLIC PLACE. Any area that is used or held out for use by the public whether owned or operated by public or private interest.
(4) VEHICLE. Every device capable of being moved upon a public highway and an, upon, or by which any persons or property is or may be transported or drawn upon a public highway.
(5) WATERCRAFT. Any boat, ship, vessel, barge, or other floating craft.
(6) WATERS. All of the waters within Mobile County on which watercraft are used or operated.
(c)(1) No person shall throw, drop, deposit, discard, or otherwise dispose litter or garbage upon any public property or roadway in the county or upon private property in Mobile County not owned by him or her or in the waters of this state located in Mobile County whether from a vehicle or otherwise including, but not limited to, any public highway, public park, beach, campground, forest land, recreational area, trailer park, highway, road, street, or alley except:
a. When such property is designated by the county or by any of its agencies or political subdivisions for the disposal of litter and refuse, and such person is authorized to use such property for such purpose.
b. Into a receptacle in such 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.
(2) Furthermore, all places of business are expected to keep their places of business clean and are prohibited from placing or discarding litter or garbage upon public or private roadways, property, and waterways within Mobile County.
(3) Any person violating this section shall be guilty of a misdemeanor. The fine for littering shall be fifty dollars ($50) for each offense and in addition thereto, except where infirmity or age or other circumstance would create a hardship, such person shall be directed by the court in which conviction is obtained for littering to spend two hours working with a city or county sanitation vehicle. The fine for dumping garbage on public or private land shall be not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) and in addition thereto, except where infirmity or age or other circumstance would create a hardship, such person shall be directed by the court in which conviction is obtained for dumping garbage to spend an entire work day working with a city or county sanitation crew. All fines and penalties are hereinto those already described by state law and local ordinances.

Legislative History

(Act 81-451, p. 792, §§ 1-3.)