States with Littering Penalties

April 2008 

Alabama | Alaska | Arizona | Arkansas | California | Colorado | Connecticut | Delaware | Florida | Georgia | Hawaii | Idaho | Illinois | Iowa | Kansas | Kentucky | Louisiana Maine | Maryland | Massachusetts | Michigan | Minnesota | Mississippi | Missouri | Montana | Nebraska |  New Hampshire | New Mexico | New Jersey |  North Carolina | North Dakota | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island | South Carolina | South Dakota | Tennessee | Texas | Utah | Vermont | Virginia | Washington | West Virginia | Wisconsin | Wyoming

State	Citation	Penalties
Alabama	§ 13A-7-29	Class C misdemeanor. $250 minimum fine for first offense, $500 fine for each subsequent conviction.
Alaska	§ 46.06.080	Up to $1,000 fine for conviction, with possibility of litter clean up at court's discretion.  $50 fine for citations issued by peace officer.
Arizona	§ 13-1603 § 13-701 § 13-802	If greater than 300 pounds, 100 cubic feet, or for a commercial purpose, felony with one year imprisonment. If destructive material near public area,  misdemeanor with not more than $2,500 fine.  For all others, misdemeanor with not more than $750 fine.
Arkansas	§ 8-6-404	Misdemeanor. First offense: fine of not less than $100 and not more than $1,000, and eight hours of community service.  Second or subsequent offense within three years of the first: fine of not less than $200 and not more than $2,000, and twenty-four hours of community service.
California	§ 42001.7	First conviction: fine of not less than $100 nor more than one $1,000, and clean up labor of not less than eight hours. Second conviction: fine of not less than $500 nor more than $1,000, and clean up labor of not less than sixteen hours. Third or subsequent conviction: fine of not less than $750 nor more than $1,000, and clean up labor of not less than twenty-four hours.
Colorado	§ 42-2-138	Class 2 petty offense. First conviction: fine of not less than $20 nor more than $500. Second conviction: fine of not less than $50 nor more than $1,000. Third and subsequent convictions: fine of not less than $100 nor more than $1,000.
Connecticut	§ 22a-250	Fine of $199. If littering on public land, there is a surcharge equal to fifty percent of the fine.
Delaware	16 Del. C. §1605	Fine of not less than $25 nor more than $50 for each violation. At court's discretion, public service litter removal may be required.
Florida	§ 403.413 § 775.082 § 775.083	If not exceeding fifteen pounds or twenty-seven cubic feet and not for commercial purposes: noncriminal infraction, punishable by a fine of $50 and the court may require litter pick up or other labor. If exceeding fifteen pounds or twenty-seven cubic feet, but not exceeding 500 pounds or 100 cubic feet and not for commercial purposes: misdemeanor of the first degree, punishable by imprisonment not exceeding one year, or a fine not exceeding $1,000, or both. In addition, the court shall require the violator to pick up litter or other community service. If amount exceeds 500 pounds or 100 cubic feet or in any quantity for commercial purposes, or dumps litter which is a hazardous waste: felony of the third degree, punishable by imprisonment not exceeding five years, a fine not exceeding $5,000, or both. In addition, the court may order the violator to: remove or render harmless the litter that he or she dumped in violation of this section; repair or restore property damaged by, or pay damages for any damage arising out of, his or her dumping litter in violation of this section; or perform public service relating to the removal of litter dumped in violation of this section or to the restoration of an area polluted by litter dumped in violation of this section.
Georgia	§ 16-7-43 § 17-10-3	Misdemeanor. Fine not greater than $1,000 and/or imprisonment for not more than one year.
Hawaii	§ 708-829	Petty misdemeanor. Fine of not less than $500 and not more than $1,000. First offense: four hours of either picking up litter on public property or performing community service. Any subsequent offense: eight hours of either picking up litter on public property or performing community service.
Idaho	§ 18-7031 § 18-3906	If littering on public or private property, misdemeanor with imprisonment not exceeding six months and/or a fine not exceeding $1,000, with litter clean up labor at court's discretion of not less than eight hours and not more than forty.  If littering on highway, fine not greater than $300 or imprisonment not greater than ten days.
Illinois	415 ILCS 105/8 730 ILCS 5/5-9-1 730 ILCS 5/5-8-1	First conviction: class B misdemeanor, fine not exceeding $1,500. Second conviction: class A misdemeanor, fine not exceeding $1,500. Third or subsequent conviction: Class 4 felony, fine of $25,000 and imprisonment not less than one year and not more than three years. If on public highway, court may require litter control over portion of highway for thirty days.
Iowa	§ 455B.364 § 903.1	Misdemeanor. Fine not less than $65 and not more than $625. The court may order imprisonment not to exceed thirty days in lieu of a fine or in addition to a fine. Instead of or in addition to sentence imposed, the court may require litter gathering labor.
Kansas	§ 21-3722	Misdemeanor. First conviction: fine of not less than $250 nor more than $1,000. Second conviction: fine of not less than $1,000 nor more than $2,000. Third conviction: fine of not less than $2,000 nor more than $4000. In all cases, requirement to pick up litter for length of time at court's discretion.
Kentucky	§ 512.070	Class A misdemeanor. Fine not greater than $500.
Louisiana	LSA-R.S. 30:2531	Distinguishes between intentional and simple littering.  First conviction for intentional littering: fine of $250 and eight hours of community service in a litter abatement work program; second conviction: $500 and sixteen hours; third or subsequent conviction: $1250, eighty hours, and one year suspension of driver's license. First conviction for simple littering: $75 or eight hours of community; second or subsequent conviction: $500 or sixteen hours of community service.  Those convicted under the statute must also pay for or repair any damages to the property and pay all reasonable investigative costs.
Maine	17 M.R.S.A. § 2264-A 38 M.R.S.A. § 349	First offense of fifteen pounds or less or twenty-seven cubic feet or less: fine of not less than $100 and not more than $500.  Subsequent similar offenses: fine of not less than $200 and not more than $500.  More than fifteen pounds or twenty-seven cubic feet: fine of not less than $200 and not more than $500. Subsequent offense: fine of not less than $500 and not more than $1,000. More than 500 pounds or 100 cubic feet for a commercial purpose: fine not less than $2,500 and not more than $25,000 for each day of the violation, except that the minimum amount for knowing violations is $5,000 for each day of violation. In addition to the above, may require removal of the litter, cost of cleanup, payment of damages, public service, and/or license suspension.
Maryland	Criminal Law, § 10-110	If the amount of litter does not exceed 100 pounds or twenty-seven cubic feet and is not for commercial gain: misdemeanor and subject to imprisonment not exceeding thirty days or a fine not exceeding $1,500 or both. For amounts exceeding 100 pounds or twenty-seven cubic feet, but not exceeding 500 pounds or 216 cubic feet, and not for commercial gain: misdemeanor with up to one year imprisonment, fine not exceeding $12,500, or both. Amount exceeds 500 pounds or 216 cubic feet or is for commercial gain: misdemeanor, subject to imprisonment not exceeding five years, fine not greater than $30,000, or both. The court may also require clean up, repair or payment of damages, community service, and suspension of driver's license.
Massachusetts	270 § 16	Fine of not more than $5,500 for the first offense and not to exceed $15,000 for each subsequent offense.
Michigan	324.8902 324.8905a	Civil infraction. Litter less than one cubic foot: fine not more than $800. Greater than one cubic foot but less than three cubic feet: fine not more than $1,500. Greater than three cubic feet: fine not more than $2,500 for first offense, not more than $5,000 for subsequent offenses.
Minnesota	§ 115A.99	Civil penalty of not less than twice nor more than five times the costs incurred by a state agency or political subdivision to remove, process, and dispose of the waste.
Mississippi	§ 97-15-29	First offense: fine not less than $50 nor more than $250, plus community service, payment of damages, removal of waste, and payment of agency costs.  Second or subsequent offense: fine minimum and maximum doubled.  In addition to any fines, there is a $50 fee payable to the Law Enforcement Officers Monument Fund.
Missouri	558.011 560.016 577.070	Class A misdemeanor. $1,000 fine and imprisonment not to exceed one year.
Montana	7-5-2109	Fine not to exceed $200.
Nebraska	§ 28-106 § 28-523	First offense is Class III misdemeanor: up to three months imprisonment, $500 fine, or both. Second offense is Class II misdemeanor: up to six months imprisonment, $1,000 fine, or both. Third or subsequent offense is Class I misdemeanor: up to one year imprisonment, $1,000 fine, or both.
New Hampshire	§ 163-B:3 § 651:2	Misdemeanor. Imprisonment not more than one year and fine not greater than $2,000; or, at court's discretion, conviction may require time spent cleaning up at area littering occurred.
New Jersey	13:1E-99.3	Fine of not less than $100 or more than $500.  At courts discretion, twenty to forty hours of community service may also be required.  If second conviction within six months of first, fine of not less than $250 or more than $1,000, may be sentenced to imprisonment not to exceed sixty days, and may receive forty to eighty hours of community service.
New Mexico	§ 30-8-4	Petty misdemeanor. Fine of not more than $500 or six months imprisonment or both. In addition to or in lieu of imprisonment, and at court's discretion, community service litter clean up in area littering occurred.
North Carolina	§ 14-399	If amount not exceeding fifteen pounds and not for commercial purposes: Class 3 misdemeanor punishable by a fine of not less than $250 nor more than $1,000 for the first offense. In addition, the court may require the violator to perform community service of not less than eight hours nor more than twenty-four hours. Any second or subsequent violation: Class 3 misdemeanor punishable by a fine of not less than $500 nor more than $2,000. In addition, the court may require the violator to perform community service of not less than sixteen hours nor more than fifty hours. If amount exceeding fifteen pounds but not exceeding 500 pounds and not for commercial purposes: Class 3 misdemeanor punishable by a fine of not less than $500 nor more than $2,000. In addition, the court shall require the violator to perform community service of not less than twenty-four hours nor more than 100 hours.
North Dakota	23-29-05.1 12.1-32-01	Class B misdemeanor. Maximum penalty of thirty days’ imprisonment, a fine of $1,000, or both, may be imposed.
Ohio	§ 3767.32 § 3767.99 § 2929.21	Misdemeanor of the third degree. Sentence at discretion of the court. The sentencing court may, in addition to or in lieu of the penalty provided require a person who violates the section to remove litter from any public or private property, or in or on waters of the state.
Oklahoma	21 Okl.St.Ann. § 1761.1	Misdemeanor. Fine of not less than $200 nor more than $5,000 or by imprisonment for not more than thirty days, or by both. In addition, the court shall direct the person to pay damages or clean up the property affected.
Oregon	§ 164.785 § 161.635 § 161.615	Class A misdemeanor. Fine not exceeding $6,250 or imprisonment not exceeding one year or both.
Pennsylvania	18 Pa.C.S.A. § 6501	First offense: summary offense, fine of not less than $50 nor more than $300 or to imprisonment for not more than ninety days, or both.  Second or subsequent offense: misdemeanor of the third degree, fine of not less than $300 nor more than $1,000. May also be sentenced to imprisonment or to performing a community service for a period not to exceed one year.
Rhode Island	§ 37-15-6 § 37-15-7	First offense: fine of not less than $55 nor more than $500; in addition to or in lieu of the fine, the person so convicted may be ordered to pick up litter for not less than two hours, nor more than twenty-five hours. Second or subsequent offense: fine of not less than $300 nor more than $500; in addition to or in lieu of the fine, the person so convicted may be ordered to pick up litter for not less than four, nor more than fifty hours.  In addition, the person convicted is liable for clean up costs.
South Carolina	§ 16-11-700	For an amount less than fifteen pounds or twenty-seven cubic feet: misdemeanor, fine of $200 or imprisoned for not more than thirty days for a first or second conviction, or fine of $500 or imprisoned for not more than thirty days for a third or subsequent conviction. In addition, the court must impose eight hours of litter-gathering labor for a first conviction, sixteen hours for a second conviction, and 24 hours for a third or subsequent conviction. For amount exceeding fifteen pounds or twenty cubic feet, but not exceeding 500 pounds or 100 cubic feet: misdemeanor; fine not less than $200 nor more than $500 or imprisoned for not more than 90 days. In addition, the court shall require the violator to pick up litter or perform other community service commensurate with the offense committed, up to 100 hours. For amount exceeding 500 pounds or 100 cubic feet: misdemeanor; fine not less than $500 nor more than $1,000, or imprisoned not more than one year, or both.
South Dakota	§ 34A-7-6	Class 2 misdemeanor. Imprisonment for thirty days in a county jail or $500, or both.
Tennessee	§ 39-14-503 § 39-14-504 § 39-14-505 § 40-35-111	If less than or equal to five pounds or seven-and-a-half cubic feet: mitigated criminal littering, a Class C misdemeanor. Fine of $50 or not more than thirty days imprisonment or both, and community service for not more than forty hours. The court may also require work in a recycling center or other appropriate location not to exceed eight hours. If more than five pounds or seven-and-a-half cubic feet and less than or equal to ten pounds or fifteen cubic feet: criminal littering, a Class B misdemeanor. Fine not to exceed $500 or six months imprisonment or both, and not more than eighty hours community service. The court may also require work in a recycling center or other appropriate location not to exceed eight hours. If amount exceeding ten pounds or fifteen cubic feet in volume or for any commercial purpose: aggravated criminal littering, a Class A misdemeanor. Fine not exceeding $2,500 or imprisonment not exceeding eleven months and twenty-nine days, or both. If third conviction in any amount exceeding ten pounds or fifteen cubic feet or upon the second conviction in any amount exceeding 1,000 pounds or 200 cubic feet or in any amount for any commercial purpose: Class E felony. Imprisonment not less than one year nor more than six years, and, at jury’s discretion, fine not more than $3,000. The court shall also require community service litter removal for not more than 160 hours.  Also at the court’s discretion, up to eight hours of work in a recycling center or other appropriate location.
Texas	Health & Safety Code § 365.012 Penal Code § 12.23 Penal Code § 12.22 Penal Code § 12.23 Penal Code § 12.21 Penal Code § 12.35	If less than or equal to five pounds or five gallons: Class C misdemeanor, fine not to exceed $500. If more than five pounds but less than 500 pounds or more than five gallons by less than 100 cubic feet:  Class B misdemeanor, fine not to exceed $2,000 or confinement in jail for a term not to exceed 180 days or both. If (1) more than 500 pounds but less than 1,000 pounds or more than 100 cubic feet but less than 200 cubic feet or (2) for a commercial purpose and weighs more than five pounds but less than 200 pounds or has a volume of more than five gallons but less than 200 cubic feet: fine not to exceed $4,000, confinement in jail not to exceed one year, or both. A state jail felony if the litter or solid waste to which the offense applies: (1) weighs 1,000 pounds or more or has a volume of 200 cubic feet or more; (2) is disposed of for a commercial purpose and weighs 200 pounds or more or has a volume of 200 cubic feet or more; or (3) is contained in a closed barrel or drum. Punishable by confinement in a state jail for any term of not more than two years or less than 180 days and a fine not to exceed $10,000.
Utah	§ 73-18a-2	Class B misdemeanor. Fine not less than $100.
Vermont	24 § 2201a	Civil violation. Fine not more than $500.
Virginia	§ 33.1-346	Misdemeanor.  Punishable by confinement in jail for not more than twelve months, a fine of not less than $250 nor more than $2,500, or both. In lieu of jail, the court may order community service in litter abatement activities.
Washington	70.93.060 9.92.020 9.92.030 7.80.120	Class 3 civil infraction if in an amount less than or equal to one cubic foot. Fine of $50. It is a misdemeanor for a person to litter in an amount greater than one cubic foot but less than one cubic yard. Imprisonment of not more than ninety days, or by a fine of not more than $1,000, or both. The person shall also pay a litter cleanup restitution payment equal to twice the actual cost of cleanup, or $50 per cubic foot of litter, whichever is greater. The court may, in addition to or in lieu of part or all of the cleanup restitution payment, order the person to pick up and remove litter from the property, with prior permission of the legal owner or, in the case of public property, of the agency managing the property. The court may suspend or modify the litter cleanup restitution payment for a first-time offender if the person cleans up and properly disposes of the litter. It is a gross misdemeanor for a person to litter in an amount of one cubic yard or more. Imprisonment of not more than one year, a fine not more than $5,000, or both. The person shall also pay a litter cleanup restitution payment equal to twice the actual cost of cleanup, or $100 per cubic foot of litter, whichever is greater. The court may, in addition to or in lieu of part or all of the cleanup restitution payment, order the person to pick up and remove litter from the property, with prior permission of the legal owner or, in the case of public property, of the agency managing the property. The court may suspend or modify the litter cleanup restitution payment for a first-time offender if the person cleans up and properly disposes of the litter.
West Virginia	§ 22-15A-4	For amount not exceeding 100 pounds or twenty-seven cubic feet: misdemeanor. Fine of not less than $50 nor more than $1,000, or sentenced to community service for not less than eight nor more than sixteen hours, or both. For amount greater than 100 pounds or twenty-seven cubic feet, but less than 500 pounds or 216 cubic feet: misdemeanor. Fine of not less than $500 nor more than $2,000, or sentenced to perform community for not less than sixteen nor more than thirty-two hours, or both. For amount greater than 500 pounds or 216 cubic feet or any amount which had been collected for commercial purposes: misdemeanor. Fine not less than $25,00 and not more than $25,000, or imprisonment for not more than one year, or both. For second or subsequent violation: double the authorized range of fines and community service.
Wisconsin	287.81	Fine not more than $500.
Wyoming	§ 6-3-204	Misdemeanor. Imprisonment for not more than six months, or a fine of not more than $750, or both. The court may suspend all or a part of a sentence and require performance of up to forty hours of community service.

Source: National Conference of State Legislatures, 2008. The above abstracts state statutes/legislation.  This report is the property of the National Conference of State Legislatures (NCSL) and is intended as a reference for state legislators and their states.  NCSL makes no warranty, expressed or implied, or assumes any legal liability or responsibility for third party use of this information, or represents that its use by such third party would not infringe on privately owned rights.