(a) A person may not throw, drop, deposit, discard, or otherwise dispose of litter from a vehicle or otherwise, on public or private property in the state or in waters in the state or under state jurisdiction unless
(1) the property is designated by a state agency or municipality as a site for the sanitary disposal of garbage or refuse, and the person is authorized to use the site for that purpose; or
(2) litter is placed in a litter receptacle so that the litter is prevented from being carried away or deposited by the elements upon public or private property or water in the state or under state jurisdiction.
(b) A vehicle may not be driven or moved on a public highway or right-of-way unless it is constructed, loaded, or covered to prevent its load from dropping, sifting, leaking, or otherwise escaping from the vehicle. This subsection does not apply to a vehicle used (1) to deposit salt or sand to secure traction, (2) by a public agency to clean or maintain highways, or (3) to transport agricultural, mining, or timber products. A person who operates a vehicle from which an object has fallen or escaped that obstructs or endangers travel upon a public highway or right-of-way shall immediately remove the object at the person's own expense or pay the cost of removal incurred by the state or by another person.
(c) A person who violates this section is guilty of a violation, and may be sentenced to pay a fine of not more than $1,000. In addition, the court may order the person to gather and dispose of litter in an area and for a length of time determined by the court.
(d) A peace officer shall issue a citation as provided in AS 12.25.175 - 12.25.230 to a person who violates this section. If a citation is for a minor littering violation and the person does not contest the charge, the person to whom the citation is issued may, on or before the 30th day after the date of the citation, mail or personally deliver to the clerk of the court in which the citation is filed
(1) a fine of $50; and
(2) a copy of the citation indicating that the right to an appearance is waived and a plea of no contest is entered.
(e) If a $50 fine has been paid under (d) of this section, then the court shall enter a judgment of conviction. Payment of the fine is a complete satisfaction for the violation.
(f) A person cited under this section is guilty of failure to obey a citation under AS 12.25.230 if the person fails to pay the fine or to appear in court as required.
(g) Notwithstanding other provisions of law, if a person cited for a minor littering violation under this section appears in court and is found guilty, the penalty that is imposed for the violation may not exceed $50.
(h) In this section, "a minor littering violation" means a violation of (a) or (b) of this section involving littering having an aggregate weight of five pounds or less.
Section: Previous 46.06.030 46.06.031 46.06.040 46.06.041 46.06.050 46.06.060 46.06.070 46.06.080 46.06.090 46.06.095 46.06.100 46.06.110 46.06.120 46.06.130 46.06.140 NextLast modified: November 15, 2016