10 Guam Code Ann. § 51205
Attorney's Note
Under the Guam Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| misdemeanor | up to 1 year | up to $1,000 |
| petty misdemeanor | up to 60 days | up to $500 |
Terms Used In 10 Guam Code Ann. § 51205
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Testify: Answer questions in court.
(b) It shall be unlawful for any person to dump litter in substantial quantities upon any public highway, street, alley, or road, upon public parks or recreation areas, or upon any other public property, except as designated for such use, or upon property owned by another person without written permission of the owner and a permit issued by the Guam Environmental Protection Agency, or into any bay, channel, harbor, river, creek, stream, reservoir, coastal waters, or other waters of Guam.
(c) Apprehension for Violation. Apprehension for violation of prohibitions may be initiated by an apprehending officer who witnessed an offense or discovered an article bearing a person’s name on the property of another, or on any public property, except as designated for such use, or by any private citizen who witnessed an offense or discovered incriminating evidence, and who is willing to make the initial charge and testify for the government.
(d) Any person who shall witness the throwing, dumping, or depositing of litter from a vehicle or watercraft which is in violation of prohibitions may report the date, time of day, and location of the littering and the license registration number to
COL 7/27/2023
10 Guam Code Ann. HEALTH AND SAFETY
CH. 51 SOLID WASTE MANAGEMENT AND LITTER CONTROL
apprehending officers. The registration number as recorded shall constitute prima facie evidence that the littering was done by the person to whom such vehicle or watercraft is registered. Nothing in this Section shall be construed to modify or change the burden of the government to prove the defendant guilty beyond a reasonable doubt.
(e) Any person who violates this Section while occupying a motor vehicle which is moving or located on public property or a public right of way shall be deemed to have committed a violation not only of this Section, but of 16 Guam Code Ann., Chapter 3, Article 3 (Rules of the Road) and shall be guilty of a petty misdemeanor.
SOURCE: Added by P.L. 17-087:7 (Jan. 18, 1985). Repealed and reenacted by P.L. 23-064 (Dec. 5, 1995). Subsection (d) added by P.L. 25-
170:4 (Oct. 19, 2000). Amended by P.L. 36-061:4 (Oct. 18, 2021).