{"id":371305,"date":"2024-10-29T15:13:29","date_gmt":"2024-10-29T20:13:29","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/alabama-law\/alabama-criminal-littering-law.html"},"modified":"2024-10-29T15:18:48","modified_gmt":"2024-10-29T20:18:48","slug":"alabama-criminal-littering-law","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/alabama-law\/alabama-criminal-littering-law.html","title":{"rendered":"Alabama Criminal Littering Law"},"content":{"rendered":"\n
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Alabama Criminal Littering Law<\/h1>\n
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\n By Samuel Strom, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Criminal littering involves the unlawful disposal or depositing of trash on public or private land or water. In Alabama, a conviction for criminal littering can result in thousands of dollars in fines and up to 100 hours of community service.<\/p>\n\n <\/div>\n\n

Littering involves depositing trash or other refuse on public or private property, including public or private waters. A motorist who throws a cigarette out of a car window or a hiker who dumps their garbage in a lake commits criminal littering.<\/p>\r\n

Alabama’s penalties for criminal littering include criminal fines and community service. Alabama state law provides that people convicted of littering who are sentenced to community service must spend that time picking up litter. The criminal fines go to the State General Fund and the county or city where the littering occurred.<\/p>\r\n

When litter, such as utility bills or bank statements, clearly bears a person’s name, Alabama law presumes the person whose name appears on the material knowingly littered. The person accused of littering may rebut that presumption. However, if they cannot, they will likely face criminal penalties.<\/p>\r\n

This article provides an overview of Alabama’s criminal littering laws and penalties. For more information, see FindLaw’s article, What’s the Penalty for Illegal Dumping?<\/a><\/p>\r\n

Alabama Criminal Littering Laws: Overview<\/b><\/h2>\r\n

The table below summarizes Alabama’s littering laws. For more information, visit the links in the table or the Related Resources section that follows it.<\/p>\r\n\r\n

Code Section<\/b><\/p>\r\n<\/th>\r\n

Alabama Code Title 13A Criminal Code, Chapter 7, Article 2<\/a><\/p>\r\n

Definition of Litter<\/b><\/p>\r\n<\/th>\r\n

For purposes of criminal littering, litter means the following (\u00a7 13A-7-29(b)):<\/p>\r\n

    \r\n
  • Rubbish<\/li>\r\n
  • Refuse<\/li>\r\n
  • Waste material<\/li>\r\n
  • Garbage<\/li>\r\n
  • Dead animals or fowl<\/li>\r\n
  • Offal (animal organs)<\/li>\r\n
  • Paper<\/li>\r\n
  • Glass<\/li>\r\n
  • Cans<\/li>\r\n
  • Bottles<\/li>\r\n
  • Trash<\/li>\r\n
  • Scrap metal<\/li>\r\n
  • Debris<\/li>\r\n
  • Plastic<\/li>\r\n
  • Cigarettes<\/li>\r\n
  • Cigars<\/li>\r\n
  • Containers of urine<\/li>\r\n
  • Food containers<\/li>\r\n
  • Rubber tires<\/li>\r\n
  • Any foreign substance<\/li>\r\n<\/ul>\r\n

    Any agricultural product in its natural state that a person unintentionally deposits on a public highway, road, street, or public right-of-way is not litter for purposes of \u00a7 13A-7-29.<\/p>\r\n<\/td>\r\n<\/tr>

Criminal Littering<\/b><\/p>\r\n<\/th>\r\n

A person commits criminal littering if they do any of the following:<\/p>\r\n

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  • Knowingly deposit litter on any public property, private property, or in public or private waters without permission to deposit it there. (\u00a7 13A-7-29(a)(1))<\/li>\r\n
  • Negligently deposit glass or other dangerously pointed or edged objects on or adjacent to water that the public has lawful access to for bathing, swimming, or fishing. (\u00a7 13A-7-29(a)(2))<\/li>\r\n
  • Negligently deposit glass or other dangerously pointed or edged objects on or adjacent to a public highway or within the right-of-way. (\u00a7 13A-7-29(a)(2))<\/li>\r\n
  • Discharges sewage, oil, or litter into a river, lake, or stream within Alabama or the territorial waters of the state. (\u00a7 13A-7-29(a)(3))<\/li>\r\n
  • Throws or drops litter (or permits someone to throw or drop it) on or alongside a highway, road, street, or public right-of-way and does not immediately remove it (or cause someone to remove it). (\u00a7 13A-7-29(a)(4)(a)<\/li>\r\n
  • Removes a wrecked or damaged motor vehicle from a highway but does not pick up other substances from the vehicle that could injure someone (e.g., glass and other injurious substances). (\u00a7 13A-7-29(a)(4)(b))<\/li>\r\n<\/ul>\r\n

    It is not a defense that the person who littered did not intend or was unaware of the act charged. (\u00a7 13A-7-29(c))<\/p>\r\n<\/td>\r\n<\/tr>

Penalties<\/b><\/p>\r\n<\/th>\r\n

The crime of criminal littering is a Class B misdemeanor. Upon conviction, the following criminal penalties apply:<\/p>\r\n

First conviction: $500 fine<\/p>\r\n

Second or subsequent conviction:<\/p>\r\n