Litter Law/Rebuttable Presumption.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 2
SENATE BILL 207
Judiciary Committee Substitute Adopted 4/30/25

Short Title: Litter Law/Rebuttable Presumption. (Public)
Sponsors:
Referred to:
March 3, 2025
*S207-v-2*
A BILL TO BE ENTITLED 1
AN ACT TO CREATE A REBUTTABLE PRESUMPTION THAT A PERSON COMMITTED 2
THE INFRACTION OF LI TTERING IF THE LITTE R INCLUDES DOCUMENTS OR 3
OBJECTS THAT CLEARLY BEAR THE NAME OF THE PERSON. 4
The General Assembly of North Carolina enacts: 5
SECTION 1. G.S. 14-399 reads as rewritten: 6
"§ 14-399. Littering. 7
(a) No person, including any firm, organization, private corporation, or governing body, 8
agents or employees of any municipal corporation shall intentionally or recklessly throw, scatter, 9
spill or place or intentionally or recklessly cause to be blown, scattered, spilled, thrown or placed 10
or otherwise dispose of any litter upon any public property or private property not owned by the 11
person within this State or in the waters of this State including any public highway, public park, 12
lake, river, ocean, beach, campground, forestland, recreational area, trailer park, highway, road, 13
street or alley except:except in either of the following situations: 14
(1) When the property is designated by the Stat e or political subdivision thereof 15
for the disposal of garbage and refuse, and the person is authorized to use the 16
property for this purpose; orpurpose. 17
(2) Into a litter receptacle in a manner that the litter will be prevented from being 18
carried away or d eposited by the elements upon any part of the private or 19
public property or waters. 20
(a1) No person, including any firm, organization, private corporation, or governing body, 21
agents, or employees of any municipal corporation shall scatter, spill, or place o r cause to be 22
blown, scattered, spilled, or placed or otherwise dispose of any litter upon any public property or 23
private property not owned by the person within this State or in the waters of this State including 24
any public highway, public park, lake, river, ocean, beach, campground, forestland, recreational 25
area, trailer park, highway, road, street, or alley except:except in either of the following 26
situations: 27
(1) When the property is designated by the State or political subdivision thereof 28
for the disposal of garbage and refuse, and the person is authorized to use the 29
property for this purpose; orpurpose. 30
(2) Into a litter receptacle in a manner that the litter will be prevented from being 31
carried away or deposited by the elements upon any part of the pri vate or 32
public property or waters. 33
… 34
(b1) Any litter found that includes documents or objects clearly bearing the name of a 35
person, including bank statements, utility bills, bank card bills, medical bills, prescription bottles, 36
General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 207-Second Edition
and other financial or medical documents or objects , shall c reate a permissive rebuttable 1
presumption that the person whose name appears on the document violated subsection (a1) of 2
this section. Advertising, marketing, and campaign materials and literature shall not be sufficient 3
to create a rebuttable presumption under this subsection. 4
… 5
(e2) If any person violates subsection (a) or (a1) of this section in an amount exceeding 10 6
pounds or in any quantity for commercial purposes, or discards litter that is a hazardous waste as 7
defined in G.S. 130A-290, the court shall order the violator to:to do any of the following: 8
(1) Remove, or render harmless, the litter that he discarded in violation of this 9
section;section. 10
(2) Repair or restore property damaged by, or pay damages for any damage 11
arising out of, his discarding litter in violation of this section; orsection. 12
(3) Perform community public service relating to the removal of litter discarded 13
in violation of this sectio n or to the restoration of an area polluted by litter 14
discarded in violation of this section. 15
… 16
(i) For the purpose of the section, unless the context requires otherwise:otherwise, all of 17
the following definitions apply: 18
(1) "Aircraft" means a Aircraft. – A motor vehicle or other vehicle that is used or 19
designed to fly, but does not include a parachute or any other device used 20
primarily as safety equipment. 21
(2) Repealed by Session Laws 1999-454, s. 1. 22
(2a) "Commercial purposes" means litter Commercial purposes. – Litter discarded 23
by a business, corporation, association, partnership, sole proprietorship, or any 24
other entity conducting business for economic gain, or by an employee or 25
agent of the entity. 26
(3) "Law enforcement officer" means any Law enforcement officer. – Any law 27
enforcement officer sworn and certified pursuant to Article 1 of Chapter 17C 28
or 17E of the General Statutes, except company police officers as defined in 29
G.S. 74E-6(b)(3). In addition, and solely for the purposes of this section, "law 30
enforcement officer" means any employee of a county or municipality 31
designated by the county or municipality as a litter enforcement officer. 32
(4) "Litter" means any Litter. – Any garbage, rubbish, trash, refuse, can, bottle, 33
box, container, wrapper, paper, paper product, tire, appliance, mechanical 34
equipment or part, building or construction material, tool, machinery, wood, 35
motor vehicle or motor vehicle part, vessel, aircraft, farm machinery or 36
equipment, sludge from a waste treatment facility, water supply treatment 37
plant, or air pollution control facility, dead animal, or discarded material in 38
any form resulting from domestic, industrial, commercial, mining, 39
agricultural, or governmental operations. While being used for or distributed 40
in accordance with th eir intended uses, "litter" does not include political 41
pamphlets, handbills, religious tracts, newspapers, and other similar printed 42
materials the unsolicited distribution of which is protected by the Constitution 43
of the United States or the Constitution of North Carolina. 44
(5) "Vehicle" has the same meaning as Vehicle. – As defined in G.S. 20-4.01(49). 45
(6) "Watercraft" means any Watercraft. – Any boat or vessel used for 46
transportation across the water. 47
…." 48
SECTION 2. This act becomes effective December 1, 2025, and applies to offenses 49
committed on or after that date. 50