Chapter 163-B: Litter Control Law

It is the intention of the legislature by this chapter to provide for uniform prohibition throughout the state of any and all littering on public or private property and to curb thereby the desecration of the beauty of the state and harm to the health, welfare and safety of its citizens caused by individuals who litter.

As used in this chapter, unless the context clearly requires otherwise, the following words or phrases shall have the following meanings:

I. The word "litter" means all rubbish, refuse, garbage, trash, debris, dead animals or other discarded materials of every kind and description.

It shall be unlawful for any person or persons to dump, deposit, throw or leave, or to cause or permit the dumping, depositing, placing, throwing or leaving of litter on any public or private property in this state, or in or on ice or in any waters in this state, unless:

I. Such property is designated by the state or by any of its agencies or political subdivisions for the disposal of such litter, and such person is authorized by the proper public authority to use such property;

II. Such litter is placed into a litter receptacle or container installed on such property;

III. Such person is the owner or tenant in lawful possession of such property, or has first obtained consent of the owner or tenant in lawful possession, or unless the act is done under the personal direction of said owner or tenant, all in a manner consistent with the public welfare.

I. Any person violating the provisions of RSA 163-B:3, shall be guilty of a misdemeanor, or, in lieu thereof, in the sound discretion of any court in which conviction is obtained, any such person may be directed by the judge of such court to pick up and remove from any public street or highway or public or private right-of-way, or public beach or public park, or with prior permission of the legal owner or tenant in lawful possession of such property, any private property upon which it has been established by competent evidence that he has deposited litter, any and all litter deposited thereon by anyone prior to the date of execution of sentence.

I-a. Any fines collected under this section for littering in coastal waters or beaches and for abandoning fishing gear shall be credited to the derelict fishing gear and coastal cleanup fund established in RSA 211:77.

II. The court is hereby directed to publish the names of persons convicted of violating the provisions of RSA 163-B:3.

Evidence that litter is thrown, deposited, dropped or dumped from any motor vehicle, boat, airplane or other conveyance in violation of RSA 163-B:3, shall be prima facie evidence that the operator of said conveyance shall have violated this chapter and the license to operate such a conveyance issued to any person convicted hereunder may be suspended for a period not to exceed 7 days together with, or in lieu of, penalties provided in RSA 163-B:4.

All law enforcement agencies and officers and officials of said agencies of this state or any political subdivision thereof are hereby authorized, empowered, and directed to enforce compliance with this chapter.