§708-829 Criminal littering. (1) A person commits the offense of criminal littering if that person knowingly places, throws, or drops litter on any public or private property or in any public or private waters, except:
(a) In a place which is designated by the department of health or the county for the disposal of garbage and refuse;
(b) Into a litter receptacle;
(c) Into a litter bag, provided that the bag is disposed of properly into a litter receptacle or in a place which is designated by the department of health or the county for the disposal of garbage and refuse.
(2) "Litter" means rubbish, refuse, waste material, garbage, trash, offal, or debris of whatever kind or description, and whether or not it is of value, and includes improperly discarded paper, metal, plastic, glass, or solid waste.
(3) Criminal littering is a petty misdemeanor.
(4) The court shall sentence any person convicted of committing the offense of criminal littering as follows:
(a) For the first offense, defendant shall spend four hours of either picking up litter on public property or performing community service.
(b) For any subsequent offense, defendant shall spend eight hours of either picking up litter on public property or performing community service.
(c) The court shall fine the person convicted of committing the offense of criminal littering at least $25, but not more than $500.
(5) It shall be an affirmative defense that the defendant had consent of the owner in control of the property. [L 1972, c 9, pt of §1; am L 1975, c 154, §1; am L 1979, c 60, §5; am L 1985, c 97, §1; am L 1992, c 116, §3]