Roadside litter is a local problem

Published 10:21 am Thursday, February 18, 2016

Contributed Photo/Carter County Sheriff's Department Roadside litter and illegal dumping are a problem throughout our community. The Carter County Sheriff's Department uses inmate work crews to perform cleanups, like this illegal dumpsite in Hampton, but as a community we need to come together to combat the root of the problem.

Contributed Photo/Carter County Sheriff’s Department
Roadside litter and illegal dumping are a problem throughout our community. The Carter County Sheriff’s Department
uses inmate work crews to perform cleanups, like this illegal dumpsite in Hampton, but as a community we need to come together to combat the root of the problem.

Carter County resident Edward Jordan has his own personal crusade – to stop litter.
Jordan is organizing a grassroots committee to keep Tennessee clean and green. Whether it is dumping garbage off steep rural roads or leaving fast food trash in parking lots and along city streets, Jordan said he is fed up with inappropriate disposal of waste.
We all should be eager to jump on Jordan’s bandwagon and join him in his anti-litter campaign. Now that the snow has melted, litter that has accumulated on Carter County roadsides is again exposed, starkly against the brown and flattened grass.
We all known who is responsible for this ugly mess — people who have no regard for the environment. More difficult to know is who should take responsibility for cleaning it up.
It is the responsibility of each of us, but few step up to do it. It is work that can be dangerous, and the Tennessee Department of Transportation should take responsibility for cleaning these areas.
Often TDOT enlists volunteers through its Adopt A Highway program, but the number of groups that volunteers for this duty is too small, and there is no control over how well or often the litter is collected. Often, groups that volunteer to maintain a stretch of road lose interest or become discouraged when their hard work disappears under a fresh layer of discarded trash.
Fast food is not a necessity. It is a convenience. Unfortunately it’s become the kind of convenience that invites litter. Drive along any county road and you will see not just bottles, cans and bags from fast-food restaurants tossed from cars, but also old tires and household trash.
Fast food corporations would better serve their communities by looking hard at their collective footprint. Their business model creates litter, plain and simple, so they owe it to themselves, their patrons and their neighbors to avoid using materials that linger for eons, and to encourage proper disposal of food and food wrapper waste. Management and employees also ought to be front and center for every litter pickup event.
Trash is a local problem, and we must have a program in place to address litter at the local level — regardless of whether the roads are state or locally maintained. Officials must also pressure property owners to maintain their land in public view and keep it free of trash.
At this time of the year, trash can be seen everywhere. It’s pretty clear that it will take a massive awareness program and a concerted effort to enlist support in the battle against litter.
Such a fight starts with one person who not only decides not to litter but, like Jordan, makes his or her anti-litter views known to family, friends, neighbors and co-workers.
Raising public awareness of this avoidable blight and combatting it with organized cleanup efforts are essential to preserving the quality of life in this beautiful area of our state so many call home.
There also is something to be said for the pride that comes when a stretch of highway or a city street is cleared of all litter and kept that way. It’s far too easy to toss that empty drink container onto the shoulder of a road that is already strewn with trash. Some motorists, however, might think twice about being the first to mar the cleanliness of a well-maintained stretch of highway.
The signal that roadside litter sends is clear: This community does not care. Is that the message we want others to hear?

Littering is illegal in the state of Tennessee and punishable by fines and possible jail sentences.
In an effort to make the public aware of the potential legal implications of litter, the Elizabethton Star is publishing this list of the state’s litter laws. This information is taken directly from the Tennessee Code Annotated with the Section codes included.

Section 39-14-501: Definitions
Litter is punishable under this law using the following definitions:
1. Commercial Purpose: 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.
2. Garbage: perishable animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
3. Litter: garbage, refuse, rubbish and all other waste materials, including
tobacco products and any other item primarily designed to hold or filter a tobacco product while it is being smoked.
4. Refuse: all perishable and nonperishable solid waste
5. Rubbish: perishable solid waste consisting of both combustible and non-combustible waste.
Section 39-14-502: Act of Littering
Littering, whether knowingly or negligently, is punishable under this law. Judge may infer that vehicle operator committed littering. Judge may infer item displaying name of person shows that person committed littering.
Section 39-14-503: Mitigated Criminal Littering
– Five pounds or less; 7.5 cubic feet or less is Class C Misdemeanor
– $50 TICKET – Mail in to county court clerk. No court appearance or cost at discretion of judge. – or – Contest ticket and go to court. If convicted, pay $50 fine, court cost and shall do public service pickup for up to 40 hours and may do work in recycling center up to eight hours.
Section 39-14-504: Criminal Littering
All littering between five and 10 pounds is criminal littering, a Class B misdemeanor. If convicted, pay $500 fine, court cost and shall do public service pickup for up to 80 hours; may do work in recycling center up to eight hours; and may do up to six months jail time
Section 39-14-505/6: Aggravated Criminal Littering
-10 pounds or more; 15 cubic feet or more; is Class A Misdemeanor
If convicted, pay up to $2,500 fine, court cost and shall do public service pickup for up to 160 hours; may do work in recycling center up to eight hours; may be required to clean/restore damaged property; and may be required to do up to 11 months 29 days in jail.
– Class E Felony
3rd offense of over 10 pounds
2nd offense of over 1,000 pounds
2nd offense of Commercially Dumped
If convicted, not less than 1 year nor more than six years in jail; the jury may assess a fine not to exceed $3,000, unless otherwise provided by statute.
Commercially Dumped
– 1st Offense – any amount/volume Class A Misdemeanor
If convicted, pay up to $2,500 fine, court cost and shall do public service pickup for up to 160 hours; may do work in recycling center up to eight hours; may be required to clean/restore damaged
property; and may be required to do up to 11 months 29 days in jail.
– 2nd Offense – any amount/volume Class E Felony
If convicted, not less than one year nor more than 6 years in jail; the jury may assess a fine not to exceed $3,000, unless otherwise
provided by statute.
Section 39-14-506: Restore the Property
The court may choose to require a person convicted under this law to remove any substance listed under Section 39-14-501 that was dropped, placed or discharged by the person and restore the property or waters damaged by the littering to its former condition at the person’s expense.
Section 39-14-507: Secured Load Law
Class B Misdemeanor
“Motor vehicle . . .shall be required to have such materials in an enclosed space or fully covered by a tarpaulin.”
Private pickup truck load must be secured to reasonably ensure not to fall or blow off.
If convicted, pay $500 fine, court cost and shall do public service pickup for up to 40 hours and may do work in recycling center up to eight hours. Truck exceptions are:
– Trucks to energy Recovery Facility must be enclosed
– Recovered materials to convenience center or dealer
– Sand/stone/lime/ 55-7-109 have 4” load line.
– Produce transport to market, fields or storage
Section 39-14-508: Special Provisions
County legislative bodies may promulgate laws based on 39-14-501 to require private property cleanup. County shall send statement to owner itemizing cost of cleanup. If owner fails to reimburse county within 60 days, the statement shall constitute a lien on the property. Process for lien . . . resolution . . . stated.
Section 39-14-509: Special Provisions
“All law enforcement agencies, officers, and officials of the state or any political subdivision . . . is authorized, empowered, and directed to enforce compliance with this . . . “
Section 39-14-510: Use of Fine Proceeds
– Fines collected shall go to general fund of county where offense occurred and designated for county operating funds with preference
to litter prevention programs and education such as those conducted by Keep America Beautiful
– Person reporting information to law officer that leads to conviction of Mitigated Criminal Littering shall receive a $50 reward
– Person reporting information to law officer that leads to conviction of Criminal Littering or Aggravated Criminal Littering shall receive a $250 reward
– Reward money comes from the fines collected
Section 39-14-511: Special Provisions
Environmental Courts have exclusive general sessions jurisdiction over these laws. Environmental Courts are located in Memphis/Shelby County, Jackson, Metro Davidson, Knoxville/Knox County/ Chattanooga/Hamilton County, and Cleveland/Bradley County.

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