46.4806 Littering.

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(a) A person commits the offense of littering if he throws or places, or causes to be thrown or placed, any glass, glass bottles, wire, nails, tacks, cans, garbage, trash, refuse, or rubbish of any kind, nature, or description on the right-of-way of any public road or highway or on or in any of the waters in this Territory or on the banks of any stream, or on any land or water owned, operated, or leased by the Territory, any board, department, agency, or commission of it or on any land or water owned, operated, or leased by the federal government or on any communal or private real property owned by another without his consent.

(b) Littering is an infraction punishable under the following schedule of mandatory fines:

First offense $ 25.00 fine;

Second offense 50.00 fine;

Third and subsequent offenses . 100.00 fine.

(c) The Department of Public Safety in cooperation with the District Court, shall develop a pre-printed litter citation form. The citation form must contain spaces for the name, address, and other pertinent information about the offender, the schedule of fines, and notification that the offender may admit responsibility for the offense and pay the appropriate fine within 14 days without undergoing a court hearing.

(d) Notwithstanding any other provision of law, fines collected under this section must be transferred to the Treasurer of American Samoa to be deposited in the general fund.

(e) The driver of a car, truck, bus or any type of motor vehicle is responsible under this section for the throwing of any litter from the vehicle, whether the vehicle is moving or stationary at the time of the offense.

History: 1979, PL 16-43 § 2; 1982, PL 17-34 § 1; amd 1987, PL 20-16 § 1.

Amendments: 1982 Subsection (a) amended to change “crime” to offense”, and added “communal or” before ‘private real property”; subsection (b) was entirely amended to make littering an infraction rather than a class A misdemeanor; subsections (c) and (d) were added.

1987 Subsection (e): added.

Research Guide: MCC 577.070, 15 ASC 726.