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Terms Used In 5 Guam Code Ann. § 40115

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Mayors and Vice Mayors are authorized and empowered:

(a) To act as the executive head for the administration of the laws of Guam in his jurisdiction.

(b) To act as a peace officer in his jurisdiction.

(c) To fine violators of sanitary and health laws and to cite violators of litter and defacement laws and regulations. Such citations shall be accompanied by an order to appear at the Traffic Court Division of the Superior Court of Guam, pursuant to § 51206 of Article 2, Chapter 51, 10 Guam Code Ann.. The Traffic Court shall have the authority to impose a fine to those found guilty of violating such laws and regulations.

(1)(A) Any person in violation of § 51205(a) of Article 2, Chapter 51, 10 Guam Code Ann. shall be fined Two Hundred Dollars ($200.00) for the first offense, Three Hundred Dollars ($300.00) for the second offense, and Five Hundred Dollars ($500.00) for the third and subsequent offenses.

(B) In addition to the fine pursuant to Subsection (c)(1) of this Section, the court shall require the offender to pick up litter or perform community service, or both, under the supervision of the Mayor, or in the Mayor’s absence, the Vice Mayor, for eight (8) hours for the first offense, sixteen (16) hours for the second offense, and thirty-two (32) hours for the third and subsequent offenses.

(2)(A) A person in violation of § 51205(b) of Article 2, Chapter 51, 10 Guam Code Ann. shall be fined Five Hundred Dollars ($500.00) for the first offense, Seven Hundred Fifty Dollars ($750.00) for the second offense, and One Thousand Dollars ($1000.00) for the third and subsequent offenses.(B) In addition to the fine pursuant to Subsection (c)(2) of this Section, the court shall require the offender to pick up litter or perform community service, or both, under the supervision of the Mayor, or in the Mayor’s absence, the Vice Mayor, for forty (40) hours for the first offense, sixty (60) hours for the second offense, and one hundred twenty (120) hours for the third and subsequent offenses.

(3) A person convicted of any litter offense under this Section may also be required by the court to pay the cost of removing the litter they caused.

The Superior Court of Guam shall transfer all money collected to pay fines imposed under this Section in the following manner: fifty percent (50%) to the Litter Control Revolving Fund established in § 51204 of Article 2, Chapter
51, Title 10, Guam Code Annotated, and fifty percent (50%)
to the Municipal Litter and Defacement Fund.

The community service may include cleaning of roadsides and public grounds, and the cleaning of public buildings and facilities; anti-littering and recycling educational outreach; and assisting with recycling efforts within the municipality in which the violation took place. Such community service shall be assigned by the Mayor, or in the Mayor’s absence, by the Vice Mayor. Any decision or action of the Mayor or Vice Mayor pursuant to the authority of this Section may be appealed to the Superior Court of Guam within thirty (30) days of the date of such decision or action.

SOURCE: GC § 15010. Amended by P.L. 20-033:1 (Sept. 6, 1989). Subsection (c) amended by P.L. 21-126:3 (Jul 28, 1992). Subsection (c) amended and subsection (d) added by P.L. 21-141 (Oct. 2, 1992), §§ 1 and
2, respectively. Subsection (c) amended by P.L. 25-119:4 (Mar. 25, 2000); P.L. 25-170:6 (Oct. 19, 2000); and P.L. 36-061:6 (Oct. 18, 2021).

2021 NOTE: Subsection designations in subsection (c) added/altered pursuant to the authority of 1 Guam Code Ann. § 1606.

COMMENT: When interrogating a person the Mayors are subject to the requirement of giving a person his “”Miranda rights”” just as is any other
peace or police officer, and under the same circumstances. Rosario v. People of the Territory of Guam, 391 F.2d 869 (1968).