Executive Summary
- Criminal littering or polluting is the unlawful disposal of trash or hazardous substances on public or someone’s private property, including discharging pollutants into waters or shorelines and dumping earthen materials.
- Being charged with criminal littering can result in a class 2 misdemeanor and up to 4 months in prison, a class 1 misdemeanor and up to 6 months in prison, or a class 6 felony and up to 2 years in prison.
- To minimize littering violations, get involved in community cleanup events, report unlawful waste disposal, and practice proper disposal practices, such as using designated trash and recycling bins.
- If you get charged with criminal littering in Arizona, contact an experienced criminal defense attorney. Legal counsel can help you craft a defense strategy, from claiming insufficient evidence to proving mistaken identity.
Understanding Criminal Littering Laws in Arizona
Littering in Arizona is not only an environmental nuisance but can also be a serious crime. ARS 13-1603 declares the act of intentionally discarding waste in unauthorized areas unlawful. This Arizona Revised Statute regarding littering outlines strict penalties for offenders, ranging from a class 2 misdemeanor to a class 6 felony, depending on the size and weight of the discarded material.
Educating yourself on the ARS on criminal littering can help you avoid legal penalties, such as fines or imprisonment. Beyond legal consequences, littering has severe environmental effects. It can disrupt ecosystems and harm wildlife, making it extremely important to abide by Arizona littering laws. Adopting proper disposal practices and getting involved in community-wide cleanup initiatives are excellent ways to combat this problem.
If you have littered or contributed to pollution, it is essential to contact a qualified criminal defense attorney with experience with the ARS on littering. They can offer legal guidance and help you craft a defense strategy to help you achieve the best possible outcome.
ARS 13-1603 Overview: Definitions of Criminal Littering in Arizona
Arizona littering laws are outlined by ARS 13-1603; it deems the improper disposal of waste and harmful materials unlawful. Some actions that are made illegal by this criminal littering ARS are:
- Throwing, placing, or dropping trash – Discarding litter on public or another person’s private property without lawful authority falls under criminal littering unless the waste is immediately removed.
- Discharging hazardous materials into water – Releasing harmful substances, such as sewage, oil products, or other pollutants, into waters or onto shorelines can cause contamination of natural resources and is prohibited.
- Dumping earthen matter – Dumping earth, soil, stones, ores, or minerals onto any land can disrupt ecosystems and harm wildlife, rendering it illegal.
In general, leaving trash or pollutants outside designated waste bins can have legal consequences unless it is a lawful dump.
Dumping Trash on Highways or Airports
Although ARS 13-1603 covers various minor and severe littering infractions, there are separate regulations and penalties for dumping trash on highways or airports. According to ARS 28-7056, any person who discards refuse, debris, odorous objects, or any other garbage on or within 20 yards of state or county highways, roads, public thoroughfares, or airports is committing a class 3 misdemeanor under Arizona law.
This form of illegal dumping differs from generalized criminal littering because it usually occurs during travel. Throwing a soda can out a car window while driving or tossing a food wrapper onto an airport runway before boarding an aircraft would qualify as illegal dumping under this statute, meaning it could result in a class 3 misdemeanor.
Are There Any Exceptions to ARS 13-1603?
ARS 13-1603 does not explicitly outline exceptions within the statute, allowing it to cover most forms of unlawful waste disposal. However, because the law focuses on unauthorized and harmful disposal activities, waste disposal at authorized facilities or per specific regulations is generally permitted.
If you are unsure whether or not an action can be penalized under Arizona’s littering laws, be sure to contact a reliable criminal defense attorney. With their expert-level legal advice and familiarity with criminal littering statutes, they will be able to help you make informed decisions to avoid legal complications.
Penalties for Criminal Littering
In most cases, criminal littering and pollution in Arizona are recognized as misdemeanors. However, certain situations can result in felony charges. Ranging from the highest degree of severity to the lowest, the following types of offenses can be charged under ARS 13-1603, and each of which has their own penalties.
Class 6 Felony
If you knowingly dump over 300 pounds or 100 cubic feet of waste, you may be convicted of a class 6 felony, the most severe punishment that can come from criminal littering in Arizona. Dumping any amount of waste for business purposes can also result in the same felony level.
ARS 13-702 specifies the potential punishments for non-dangerous felonies in Arizona for people without prior convictions, stating a class 6 felony like this can result in a prison sentence of 4 months to 2 years. Moreover, ARS 13-801 states that convicted felons may have to pay a fine of up to $150,000.
Class 1 Misdemeanor
Knowingly littering between 100-300 pounds or 35-100 cubic feet of waste for non-business purposes can result in a class 1 misdemeanor. You may also be convicted of the same level of crime if you dump any amount of harmful materials within 50 feet of a highway, beach, or public shoreline.
ARS 13-707 outlines the potential sentencing associated with misdemeanors throughout Arizona, declaring a class 1 misdemeanor can lead to imprisonment for up to 6 months. Additionally, ARS 13-802 establishes that a class 1 misdemeanor is subject to a fine of up to $2,500.
Class 2 Misdemeanor
If the littering act does not fit the above mentioned qualifications, it can lead to a class 2 misdemeanor. Therefore, accidentally or unknowingly littering can fall under this category if the waste is not immediately removed.
Although this is the least severe offense for criminal littering, it can still result in harsh punishments. For example, ARS 13-707 declares that you can serve up to 4 months in prison for being convicted of a class 2 misdemeanor. Moreover, ARS 13-802 declares that a class 2 misdemeanor is subject to a fine of up to $750.
Considering the classifications above, the context and location of the littering plays a large role in the severity of the punishment. For example, minor misdemeanors may result in the judge substituting prison time for community service. However, more extreme situations, such as repeat offenses or dumping hazardous waste near public bodies of water, can result in worse penalties.
In addition to the legal consequences, being convicted of a crime can hinder employment, housing, and schooling opportunities by showing up on background checks. The act of littering can also hurt the environment and local communities.
Environmental and Social Impact of Littering
Littering itself can lead to various adverse effects that impact the surrounding ecosystem and community. Some examples of environmental and social impacts that can come from littering are:
- The disruption and degradation of natural aesthetics.
- Wildlife ingesting trash and harmful materials.
- Wildlife getting entangled in trash, potentially causing injury or death.
- The contamination of soil and water, affecting plant and animal health.
- Subjecting communities to major financial burdens for litter cleanup efforts.
- Litter can deter tourists by creating an unappealing environment.
Plus, decreased visitor numbers can affect local revenue and hinder the economic vitality of a community. Therefore, keeping areas free of trash, displaced earthen material, and hazardous substances is important unless it is a designated dumping ground and the disposer’s actions are lawful.
How to Avoid Littering Violations
Thankfully, there are things you can do to avoid future criminal littering charges, such as practicing proper disposal efforts. Some tips for correctly disposing of trash are:
- Using designated trash and recycling bins.
- Following hazardous waste protocols for things like batteries and chemicals.
- Utilizing authorized dumps and landfills for large items like furniture.
- Educate yourself on local laws and guidelines.
- Seek advice from a qualified legal professional before dumping large or hazardous waste.
In addition to the helpful disposal strategies listed above, you can minimize the impact of littering by getting involved in your community. By joining community-wide clean-up events and reporting littering violations, you can help keep surrounding neighborhoods clean and beautiful. Community involvement can also set a precedent for others to emulate, encouraging everyone around you to avoid littering.
You can access programs such as Keep America Beautiful or the Foundation for Environmental Education for more educational information on littering laws and environmental stewardship.
What to Do if You Are Charged With Criminal Littering
If criminal littering charges are being brought against you, you should first contact a reliable criminal defense attorney. They can help you navigate the legal process and build a defense that gives you the best chance possible for a fair trial.
Crafting a Defense Strategy
Each criminal littering case is different and may call for a unique defense. However, some potential defenses that may apply to your situation include:
- Claiming lack of intent – Arguing that the littering was accidental or unintentional and you did not have the opportunity to remove the disposed waste.
- Challenging insufficient evidence – Showing that the prosecution lacks enough evidence to prove you are guilty beyond a reasonable doubt.
- Proving the disposal was authorized – Demonstrating that the waste was disposed of lawfully, using designated sites or following proper procedures.
- Arguing that your identity was mistaken – Showing that you were wrongly identified by providing evidence or an alibi to prove you were not involved in the littering.
Although the above mentioned defenses have been used in other criminal littering cases, you and your attorney should build a defense strategy that fits your unique circumstances.
Explore Mitigating Factors
Mitigating factors are circumstances that may reduce the severity or guilt of a non-dangerous offense. Sometimes, these factors can lead to lighter penalties or alternative sentencing for the defendant. Some examples of potential mitigating factors for criminal littering are:
- The defendant’s criminal record – Sometimes, having only minor convictions or no criminal history at all can help the defendant receive a mitigated sentence.
- How remorseful the defendant is – If the defendant regrets their actions and is noticeably penitent, the judge may mitigate their sentence.
- Rehabilitation or improvement efforts – If the defendant has taken considerable steps to prevent criminal littering in the future, such as joining community cleanup initiatives, they may receive a mitigated sentence.
- The defendant’s background – When deciding whether to mitigate a sentence, a judge may consider the defendant’s age and mental state.
- Cooperation with authorities – If the accused cooperated fully with law enforcement during the investigation and legal process, they may receive a lighter sentence.
- Quantity of waste – If the amount of litter or pollutants involved was relatively small compared to other cases, the judge may mitigate their sentence.
Unfortunately, mitigating factors do not apply to every case. Before addressing the judge, you and your criminal defense attorney should review what mitigating factors could apply to your individualized situation.
Find Experienced Criminal Littering Representation
The ARS on criminal littering renders the disposal of waste or hazardous substances in public areas or someone else’s private property illegal. Therefore, littering in Arizona can result in serious consequences for anyone convicted, ranging from a class 2 misdemeanor with a 4-month maximum jail sentence to a class 6 felony with a 2-year maximum sentence.
To avoid legal penalties and environmental consequences, you should implement responsible waste disposal efforts and educate yourself on ARS 13-1603. Still, if you have been charged with littering in Arizona, contact a qualified criminal defense attorney immediately.
JacksonWhite Law features a strong team of criminal defense attorneys with substantial experience representing clients charged with criminal littering within or near Phoenix, Arizona. We can use our expert-level knowledge of Arizona littering laws to explain your legal options in layman’s terms and help you build a defense strategy that can result in the best outcome possible.
Call the JacksonWhite Criminal Law team at (480) 467-4370 to discuss your case today.
