West Virginia § 61-3-53 Unauthorized use of dumpsters

West Virginia Statutes

§ 61-3-53 — Unauthorized use of dumpsters

West Virginia § 61-3-53

Ch. 61CRIMES AND THEIR PUNISHMENT

Art. 3CRIMES AGAINST PROPERTY

This text of West Virginia § 61-3-53 (Unauthorized use of dumpsters) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 61-3-53 (2026).

Text

(a)Any person who without authorization dumps garbage or trash, or assists in the unauthorized dumping of garbage or trash, in a dumpster or other solid waste container which is located on the property of another person and leased or otherwise owned or maintained by another person is guilty of a misdemeanor and, upon conviction thereof, shall be punished in accordance with subsection (b) of this section. The act of throwing isolated objects into a dumpster or other solid waste container in the prevention or elimination of litter is specifically excepted from any penalties under this section.

(b)Any person convicted of a misdemeanor under subsection (a) of this section shall be subject to the following penalties:

(1)Upon a first conviction under this section, the defendant shall be fin

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(a) Any person who without authorization dumps garbage or trash, or assists in the unauthorized dumping of garbage or trash, in a dumpster or other solid waste container which is located on the property of another person and leased or otherwise owned or maintained by another person is guilty of a misdemeanor and, upon conviction thereof, shall be punished in accordance with subsection (b) of this section. The act of throwing isolated objects into a dumpster or other solid waste container in the prevention or elimination of litter is specifically excepted from any penalties under this section.

(b) Any person convicted of a misdemeanor under subsection (a) of this section shall be subject to the following penalties:

(1) Upon a first conviction under this section, the defendant shall be fined not less than $50 nor more than $250.

(2) Upon a second conviction under this section, the defendant shall be fined not less than $250 nor more than $500.

(3) Upon any subsequent conviction in excess of a second conviction under this section, the defendant shall be fined not less than $500 nor more than $1,000, or imprisoned in the county jail not less than thirty days nor more than sixty days, or both fined and imprisoned.

Notwithstanding the provisions of section four, article eleven-a of this chapter or section two-a, article three, chapter fifty of this code, the magistrate or court may order restitution not to exceed the value of unauthorized solid waste services received.