CR 10-110: Litter Control Law

Littering is a crime under Maryland law and as a result is potentially punishable by a criminal conviction and even jail time. Maryland Criminal Law Section 10-110 prohibits the disposal of litter on state highways and on public and private property. Litter has a broad definition under the statute and includes everything from waste matter to dead animals. In fact, the statute specifically includes discarded materials of every kind and description, which could even include a banana peel. There is a particular emphasis on discarding litter from an automobile. If law enforcement is unable to determine the responsible party, then the owner of the vehicle is presumed to be responsible. If the owner is not present, then the driver is presumed to be responsible. In cases where a person is accused of littering on private property it is not necessary for the State to produce the owner of the property at trial.
The law includes a wide range of conduct including discarding old furniture on the side of the road and even throwing food out of a moving vehicle. Obviously law enforcement will be more likely to pursue a case involving bulky items such as furniture or construction materials, but in certain jurisdictions such as Ocean City police may charge a person for discarding beverage containers and even food wrappers on public or private property.
Littering and commercial dumping are unique laws, so there are few related offenses. There is however one related but different statute on the books in Maryland. Criminal Law Section 10-109 prohibits placing, discarding or abandoning refrigerators and freezers outside of a building or dwelling. For this law to apply the refrigerator or freezer must be in an area accessible to children, not in a box or crate and have a door or lock that cannot be released from the inside. The intent of this law is to protect people from being locked inside rather than assure the environment is not treated like a trash receptacle. A violation of this rarely used statute carries up to 30 days in jail.
The most common and effective defense in a littering case is mistaken identity. Many littering cases are initiated after police view surveillance video, and these videos can often contain grainy or blurry footage. We have seen cases initiated based on a license plate identification alone, but even according to the statue this would not be sufficient to sustain a conviction. The law requires that either the owner or driver of a vehicle be identified. The State cannot simply blame the owner of the vehicle without an identification.
The penalties for violations of the Maryland litter control law vary greatly depending on the specific facts of the case. Littering under 100 pounds and under 27 cubic feet is punishable by up to 30 days in jail and a hefty $1,500 provided the littering was not done for commercial gain. The penalty jumps to up to 1 year in jail and a $12,500 fine for littering over 100 but less than 500 pounds and 216 cubic feet, and not for commercial gain. Littering for commercial gain or if the amount exceeds 500 pounds or 216 cubic feet carries up to 5 years in prison and a $30,000 fine. The Court may (and almost always will) order the defendant to clean up the litter or pay the costs of cleanup.
Do not let a littering charge result in a criminal conviction and the possibility of hefty fines and even jail time by not taking the matter seriously. Many prosecutors and judges will treat these cases more seriously than criminal charges with human victims such as theft and assault, so do not assume you can simply walk into court and pay a small fine to close the matter. Benjamin Herbst specializes in littering and illegal dumping cases in all Maryland jurisdictions. He has extensive experience representing those charged with littering for commercial gain and is available 7 days a week for a free consultation at 410-207-2598. Benjamin’s two priorities are keeping his client’s out of jail and their record free of any conviction.