Louisiana Revised Statutes 30:2531.3 – Commercial littering prohibited; civil penalties; indemnification; special court costs
Terms Used In Louisiana Revised Statutes 30:2531.3
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Department: means the Department of Environmental Quality. See Louisiana Revised Statutes 30:2004
- 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.
- Person: means any individual, municipality, public or private corporation, partnership, firm, the United States Government, and any agent or subdivision thereof or any other juridical person, which shall include, but not be limited to, trusts, joint stock companies, associations, the state of Louisiana, political subdivisions of the state of Louisiana, commissions, and interstate bodies. See Louisiana Revised Statutes 30:2004
- Summons: Another word for subpoena used by the criminal justice system.
- Violation: means a failure to comply with the requirements of this Subtitle, the rules issued under this Subtitle, and conditions of permits under this Subtitle. See Louisiana Revised Statutes 30:2004
A. No person shall dispose or permit the disposal of litter resulting from industrial, commercial, mining, or agricultural operations in which the person has a financial interest upon any public place in the state, upon private property in this state not owned by him, upon property located in rural areas in this state not owned by him, or in or on the waters of this state, whether from a vehicle or otherwise, including but not limited to any public highway, public right-of-way, public park, beach, campground, forest land, recreational area, trailer park, highway, road, street, or alley, except when such property is designated by the state or by any of its agencies or political subdivisions for the disposal of such items and such person is authorized to use such property for such purpose.
B. No person shall operate any truck or other vehicle on any highway in such a manner or condition that litter resulting from industrial, commercial, mining, or agricultural operations in which the person is involved can blow or fall out of such vehicle or that mud from its tires can fall upon the roadway.
C.(1) If the litter is disposed of from a motor vehicle, boat, or conveyance, except a bus or large passenger vehicle or a school bus, all as defined by La. Rev. Stat. 32:1, there shall be an inference that the driver of the conveyance disposed of the litter. If such litter was possessed by a specific person immediately before the act of disposing, there shall be a permissive rebuttable presumption that the possessor committed the act of disposing.
(2) When litter disposed in violation of this Section is discovered to contain any article or articles, including but not limited to letters, bills, publications, or other writings, which display the name of a person or in any other manner indicate that the article belongs or belonged to such person, there shall be a permissive rebuttable presumption that such person has violated this Section.
(3) Any industrial, commercial, mining, or agricultural operation in the city of Donaldsonville shall construct and maintain fences or walls to enclose or contain litter generated by its operations. Failure to construct or maintain an enclosure shall constitute a separate violation of this Paragraph for each day that the enclosure is not built or maintained.
D. A person shall be jointly and severally liable for the actions of its agents, officers, and directors for any violation of this Section by any agent, officer, or director in the course and scope of his employment or duties.
E. The person shall be cited for the offense by means of a citation, summons, or other means provided by law.
F. Any person found liable under the provisions of this Section shall:
(1)(a) For a violation of Paragraph (C)(3) of this Section, pay a civil penalty of five hundred dollars.
(b) For any other violation, pay a civil penalty of two hundred dollars.
(2) Repair or restore property damaged by or pay damages for any damage arising out of the violation of this Section.
(3) Pay all reasonable investigative expenses and costs to the investigative agency or agencies.
(4) Pay for the cleanup of the litter unlawfully discarded by the defendant.
G.(1) Any person found liable under the provisions of this Section shall pay special court costs of fifty dollars in lieu of other costs of court which shall be disbursed as follows:
(a) Twenty dollars shall be paid to the judicial expense fund for that judicial district, or to the justice of the peace or the city court, as the case may be.
(b) Twenty dollars shall be paid to the office of the district attorney, or to the constable or to the municipal prosecuting attorney, as the case may be.
(c) Ten dollars shall be paid to the clerk of the district court, or to the justice of the peace or the city court, as the case may be.
(2) Notwithstanding the provisions of this Subsection, persons cited and prosecuted for commercial littering violations under this Section by the Department of Wildlife and Fisheries shall be subject to court costs and fees as provided pursuant to La. Rev. Stat. 56:32.1 rather than pay the special court costs provided for in this Subsection.
H. A person may be held liable and fined under this Section although the commission of the offense did not occur in the presence of a law enforcement officer if the evidence presented to the court establishes that the defendant has committed the offense.
I. For the purposes of this Section each occurrence shall constitute a separate violation.
Acts 1998, 1st Ex. Sess., No. 148, §3; Acts 2001, No. 865, §1; Acts 2015, No. 368, §1; Acts 2022, No. 17, §1.