Litter Laws 



BY NANCY DAVIS 



You've just drained the last few drops of a diet 

 soda. And you figure it'll be OK to casually drop 

 the plastic drink bottle to the sand. 



No one will see, right? 



WRONG. 



You've been caught. A concerned citizen 

 sweeps down on you with all the zeal of Gomer 

 Pyle yelling "Citizen's arrest! Citizen's arrest!" 



How dare you trash his beach? How dare you 

 endanger the lives of marine wildlife? How dare 

 you? 



You don't have to live in Andy Griffith's May- 

 berry to get turned in for breaking the law. 



All it takes is a soft drink bottle, a cigarette butt 

 or a plastic sandwich bag carelessly tossed aside. 

 You've broken the law, and now you have to pay. 



In North Carolina, littering is a crime whether 

 you're on the highway, the beach or the water, says 

 Donna Moffitt, assistant director for the NC. Office 

 of Marine Affairs and an attorney. 



The state's litter laws are twofold, she says. 



The criminal statute makes littering a misde- 

 meanor punishable by a fine of $50 to $200 for the 

 first offense or a term of community service. 



The water safety statutes prohibit littering of 

 waters. The maximum fine is $250. 



Both laws are enforced by law enforcement officers 

 and wildife protectors. 



Moffitt says officers are more likely to cite 

 beachgoers for littering if they see the violation. But 

 officers will also take the word of a witness. 



Even so, few folks are bold enough to confront 

 a litterbug with his crime. If an officer is nearby, 

 you can point the offender out to him, she says. 



If not, you may have to play detective. Follow 

 the litterbug to his car and get his license plate 

 number. A description of the person is also helpful. 

 Then call the local police department and report 

 the crime. 



If the violator doesn't admit his crime, you may 

 have to go to court to help prove the case, Moffitt 

 says. 



Once an offender is found guilty, the judge may 

 order the person to pay a fine or to perform a com- 

 munity service. 



Moffitt would like to see more offenders sen- 

 tenced to clean up the beaches that they helped 

 trash. 



To encourage that, she sent a letter to all district 

 attorneys with coastal counties in their jurisdiction, 

 encouraging them to ask for sentences to make lit- 

 terbugs pick up trash as their punishment. 



Law officials in coastal counties say littering is a 

 minor offense compared to some of the crimes 

 they encounter, but that doesn't stop them from is- 

 suing citations. 



Police Chief William R. Duke, of the Atlantic 

 Beach Police Department, estimates his force hands 

 out about 25 citations for littering each month. 



But his officers encounter many more offenders 

 than that. 



Sergeant Alan K. Miller of the Atlantic Beach 

 squad usually gives offenders a tongue lashing. If 

 they're cooperative and offer to pick up their litter, 

 he'll let them go 



But not everyone is cooperative. "A lot of times, 

 they act surprised when I approach them," he says. 

 "They'll know they violated the law, but they don't 

 see anything wrong with it." 



Miller sets them straight by issuing a citation. 



With more frequent reports of sunbathers 

 being injured and wildlife being harmed, Police 

 Chief Duke predicts his officers will crack down 

 even harder. 



The U.S. government is also getting tough on 

 litterbugs. 



Last year Congress ratified an amendment to 

 the MARPOL Treaty (marine pollution), making it 

 illegal for ships and boats to dump plastics in the 

 ocean. The treaty, which goes into effect at the end 

 of this year, will be enforced by the Coast Guard. 



The beauty of the amendment, Moffitt says, is 

 that "it applies to all boats, no matter what size, 

 from the very smallest fishing boat all the way up 

 to the supertankers." 



The states are cracking down, too. More than a 

 dozen states have passed laws requiring that plastic 

 six-pack yokes be photo- or biodegradable. North 

 Carolina officials are considering introducing a 

 similar bill to the legislature next year. 



Some localities have gone even further. Suffolk 

 County on Long Island passed a law forbidding 

 retail food establishments to use plastic grocery 

 bags, food containers and wrappers beginning next 

 year, according to a report in Newsweek. 



But despite all the legislation passed, cleaning 

 up the coast ultimately lies in the hands of the in- 

 dividual. So remember, if you see someone littering, 

 don't be afraid to yell, "Citizen's arrest." 



