H. B. 2726
(By Delegates C. White, Proudfoot, Underwood,
Shelton, Campbell and Coleman)
[Passed March 13, 1998; in effect ninety days from passage.]
AN ACT to amend article three, chapter sixty-one of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
fifty-three, relating to establishing a misdemeanor offense
of unauthorized use of a dumpster or solid waste container;
and providing criminal penalties.
Be it enacted by the Legislature of West Virginia:
That article three, chapter sixty-one of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated fifty-three,
to read as follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-53. Unauthorized use of dumpsters.
(a) Any person who without authorization dumps garbage or
trash, or assists in the unauthorized dumping of garbage or
trash, in a dumpster or other solid waste container which is
located on the property of another person and leased or otherwise
owned or maintained by another person is guilty of a misdemeanor and, upon conviction thereof, shall be punished in accordance
with subsection (b) of this section. The act of throwing
isolated objects into a dumpster or other solid waste container
in the prevention or elimination of litter is specifically
excepted from any penalties under this section.
(b) Any person convicted of a misdemeanor under subsection
(a) of this section shall be subject to the following penalties:
(1) Upon a first conviction under this section, the defendant
shall be fined not less than fifty dollars nor more than two
hundred fifty dollars.
(2) Upon a second conviction under this section, the
defendant shall be fined not less than two hundred fifty dollars
nor more than five hundred dollars.
(3) Upon any subsequent conviction in excess of a second
conviction under this section, the defendant shall be fined not
less than five hundred dollars nor more than one thousand
dollars, or imprisoned in the county jail not less than thirty
days nor more than sixty days, or both fined and imprisoned.
Notwithstanding the provisions of section four, article
eleven-a of this chapter or section two-a, article three, chapter
fifty of this code, the magistrate or court may order restitution
not to exceed the value of unauthorized solid waste services