GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 207
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Short Title: Litter Law/Rebuttable Presumption. |
(Public) |
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Sponsors: |
Senators McInnis, Jarvis, and Daniel (Primary Sponsors). |
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Referred to: |
Rules and Operations of the Senate |
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March 3, 2025
A BILL TO BE ENTITLED
AN ACT to create a rebuttable presumption that a person committed the offense of littering if the litter includes documents or objects that clearly bear the name of the person.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 14‑399 reads as rewritten:
"§ 14‑399. Littering.
(a) No person, including any
firm, organization, private corporation, or governing body, agents or employees
of any municipal corporation shall intentionally or recklessly throw, scatter,
spill or place or intentionally or recklessly cause to be blown, scattered,
spilled, thrown or placed or otherwise dispose of any litter upon any public
property or private property not owned by the person within this State or in
the waters of this State including any public highway, public park, lake,
river, ocean, beach, campground, forestland, recreational area, trailer park,
highway, road, street or alley except:except in either of the
following situations:
(1) When the property is
designated by the State or political subdivision thereof for the disposal of
garbage and refuse, and the person is authorized to use the property for this purpose;
orpurpose.
(2) Into a litter receptacle in 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.
(a1) No person, including any
firm, organization, private corporation, or governing body, agents, or
employees of any municipal corporation shall scatter, spill, or place or cause to
be blown, scattered, spilled, or placed or otherwise dispose of any litter upon
any public property or private property not owned by the person within this
State or in the waters of this State including any public highway, public park,
lake, river, ocean, beach, campground, forestland, recreational area, trailer
park, highway, road, street, or alley except:except in either of the
following situations:
(1) When the property is
designated by the State or political subdivision thereof for the disposal of garbage
and refuse, and the person is authorized to use the property for this purpose;
orpurpose.
(2) Into a litter receptacle in 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.
…
(b1) Any litter found that includes documents or objects clearly bearing the name of a person, including bank statements, utility bills, bank card bills, medical bills, prescription bottles, and other financial or medical documents or objects, shall create a permissive rebuttable presumption that the person whose name appears on the document knowingly committed the offense. Advertising, marketing, and campaign materials and literature shall not be sufficient to create a rebuttable presumption under this subsection.
…
(e2) If any person violates
subsection (a) or (a1) of this section in an amount exceeding 10 pounds or in
any quantity for commercial purposes, or discards litter that is a hazardous
waste as defined in G.S. 130A‑290, the court shall order the
violator to:to do any of the following:
(1) Remove, or render
harmless, the litter that he discarded in violation of this section;section.
(2) Repair or restore
property damaged by, or pay damages for any damage arising out of, his
discarding litter in violation of this section; orsection.
(3) Perform community public service relating to the removal of litter discarded in violation of this section or to the restoration of an area polluted by litter discarded in violation of this section.
…
(i) For the purpose of the
section, unless the context requires otherwise:otherwise, all of the
following definitions apply:
(1) "Aircraft"
means a Aircraft. – A motor vehicle or other vehicle that is used or
designed to fly, but does not include a parachute or any other device used
primarily as safety equipment.
(2) Repealed by Session Laws 1999‑454, s. 1.
(2a) "Commercial
purposes" means litter Commercial purposes. – Litter discarded
by a business, corporation, association, partnership, sole proprietorship, or
any other entity conducting business for economic gain, or by an employee or
agent of the entity.
(3) "Law enforcement
officer" means any Law enforcement officer. – Any law
enforcement officer sworn and certified pursuant to Article 1 of Chapter 17C or
17E of the General Statutes, except company police officers as defined in
G.S. 74E‑6(b)(3). In addition, and solely for the purposes of this
section, "law enforcement officer" means any employee of a county or
municipality designated by the county or municipality as a litter enforcement
officer.
(4) "Litter"
means any Litter. – Any garbage, rubbish, trash, refuse, can,
bottle, box, container, wrapper, paper, paper product, tire, appliance,
mechanical equipment or part, building or construction material, tool,
machinery, wood, motor vehicle or motor vehicle part, vessel, aircraft, farm
machinery or equipment, sludge from a waste treatment facility, water supply
treatment plant, or air pollution control facility, dead animal, or discarded
material in any form resulting from domestic, industrial, commercial, mining,
agricultural, or governmental operations. While being used for or distributed
in accordance with their intended uses, "litter" does not include
political pamphlets, handbills, religious tracts, newspapers, and other similar
printed materials the unsolicited distribution of which is protected by the
Constitution of the United States or the Constitution of North Carolina.
(5) "Vehicle"
has the same meaning as Vehicle. – As defined in G.S. 20‑4.01(49).
(6) "Watercraft"
means any Watercraft. – Any boat or vessel used for transportation
across the water.
…."
SECTION 2. This act becomes effective December 1, 2025, and applies to offenses committed on or after that date.