Virginia Litterbugs: Plan on Spending up to Twelve Months in Jail
by David A. Cardon, Esquire


Dear Mr. Cardon,
Few things upset me more than to watch someone throw trash out their car window. What are the fines and penalties for littering and what can I do as a citizen if I see someone commit this offense?

There are a couple of laws in the Virginia Code that deal specifically with littering. These include:

Dumping trash, etc. on highway, right-of-way or private property (Va. Code § 33.1-346) – Any person shall be guilty of a class one misdemeanor who dumps or otherwise disposes of trash, garbage, litter, or other unsightly matter, on public property, including a public highway, right-of-way, property adjacent to such highway or right-of-way, or on private property without the written consent of the owner thereof or his agent. A class one misdemeanor is punishable up to one year in jail and up to a $2,500 fine. In addition, the owner or operator of the vehicle from which the trash is illegally dumped, disposed, or ejected is presumed to be the same person who ejected or disposed the trash.

Penalties for violation of §33.1-346 (Va. Code § 33.1-346.1)
– This statute mandates that if a person is convicted of violating §33.1-346 above, the court may suspend the imposition of a sentence on condition that the defendant volunteer to remove litter from the highway for a period of time set by the court. In addition, any fines paid to the court shall be sent to the State Treasurer to be used for the construction and maintenance of state highways.
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