§ 82-1-29.1. Dumping trash, companion animal, etc., on highway, public or private property.  


Latest version.
  • (a)

    No person shall dump or otherwise dispose of trash, garbage, refuse, litter, a companion animal for the purpose of disposal, or other unsightly matter, on public property, including a public highway, right-of-way, property adjacent to such highway or right-of-way, or on private property without the written consent of the owner thereof or his agent.

    (b)

    When any person is arrested for a violation of this section, and the matter alleged to have been illegally dumped or disposed of has been ejected from a motor vehicle or transported to the disposal site in a motor vehicle, the arresting officer may comply with the provisions of this chapter in making such an arrest.

    (c)

    When a violation of the provisions of this section has been observed by any person, and the matter illegally dumped or disposed of has been ejected or removed from a motor vehicle, the owner or operator of such motor vehicle shall be presumed to be the person ejecting or disposing of such matter. However, such presumption shall be rebuttable by competent evidence.

    (d)

    Any violation of this subsection shall constitute a misdemeanor punishable by confinement in jail for not more than 12 months and a fine of not less than $250 or more than $2,500, either or both.

    In lieu of the imposition of confinement in jail, the court may order the defendant to perform community service in litter abatement activities.

    (e)

    The provisions of this section shall not apply to the lawful disposal of such matter in landfills. (48-03-82.)