Alaska Statutes (Last Updated: January 11, 2017) |
Title 46. WATER, AIR, ENERGY, AND ENVIRONMENTAL CONSERVATION. |
Chapter 46.06. RECYCLING AND REDUCTION OF LITTER. |
Section 46.06.080. Littering prohibited.
Latest version.
-
(a) A person may not throw, drop, deposit, discard, or otherwise dispose of litter from a vehicle or otherwise, on public or private property in the state or in waters in the state or under state jurisdiction unless
(1) the property is designated by a state agency or municipality as a site for the sanitary disposal of garbage or refuse, and the person is authorized to use the site for that purpose; or
(2) litter is placed in a litter receptacle so that the litter is prevented from being carried away or deposited by the elements upon public or private property or water in the state or under state jurisdiction.
(b) A vehicle may not be driven or moved on a public highway or right-of-way unless it is constructed, loaded, or covered to prevent its load from dropping, sifting, leaking, or otherwise escaping from the vehicle. This subsection does not apply to a vehicle used (1) to deposit salt or sand to secure traction, (2) by a public agency to clean or maintain highways, or (3) to transport agricultural, mining, or timber products. A person who operates a vehicle from which an object has fallen or escaped that obstructs or endangers travel upon a public highway or right-of-way shall immediately remove the object at the person's own expense or pay the cost of removal incurred by the state or by another person.
(c) A person who violates this section is guilty of a violation, and may be sentenced to pay a fine of not more than $1,000. In addition, the court may order the person to gather and dispose of litter in an area and for a length of time determined by the court.
(d) A peace officer shall issue a citation as provided in AS 12.25.175 - 12.25.230 to a person who violates this section. If a citation is for a minor littering violation and the person does not contest the charge, the person to whom the citation is issued may, on or before the 30th day after the date of the citation, mail or personally deliver to the clerk of the court in which the citation is filed
(1) a fine of $50; and
(2) a copy of the citation indicating that the right to an appearance is waived and a plea of no contest is entered.
(e) If a $50 fine has been paid under (d) of this section, then the court shall enter a judgment of conviction. Payment of the fine is a complete satisfaction for the violation.
(f) A person cited under this section is guilty of failure to obey a citation under AS 12.25.230 if the person fails to pay the fine or to appear in court as required.
(g) Notwithstanding other provisions of law, if a person cited for a minor littering violation under this section appears in court and is found guilty, the penalty that is imposed for the violation may not exceed $50.
(h) In this section, "a minor littering violation" means a violation of (a) or (b) of this section involving littering having an aggregate weight of five pounds or less.
Authorities
11.46.488;46.06.150
Notes
Implemented As
18 AAC 60.005
18 AAC 60.007
18 AAC 60.008
18 AAC 60.010
18 AAC 60.015
18 AAC 60.020
18 AAC 60.030
18 AAC 60.035
18 AAC 60.200
18 AAC 60.203
18 AAC 60.213
18 AAC 60.215
18 AAC 60.217
18 AAC 60.220
18 AAC 60.225
18 AAC 60.227
18 AAC 60.228
18 AAC 60.230
18 AAC 60.233
18 AAC 60.235
18 AAC 60.240
18 AAC 60.243
18 AAC 60.245
18 AAC 60.250
18 AAC 60.255
18 AAC 60.265
18 AAC 60.270
18 AAC 60.300
18 AAC 60.330
18 AAC 60.340
18 AAC 60.345
18 AAC 60.360
18 AAC 60.365
18 AAC 60.385
18 AAC 60.390
18 AAC 60.395
18 AAC 60.396
18 AAC 60.397
18 AAC 60.398
18 AAC 60.480
18 AAC 60.485
18 AAC 60.490
18 AAC 60.800
18 AAC 60.990
References
18 AAC 60.010
AS 11.46.488 Littering. [Repealed, Sec. 3 ch 149 SLA 1980. For current
AS 46.06.150 Definitions.
History
(Sec. 2 ch 149 SLA 1980; am Sec. 4, 5 ch 37 SLA 1987; am Sec. 57, 58 ch 29 SLA 2010)
].