Someone brought this subject up in class last week.
Why aren't there national laws against littering? A simple answer would be that there is no authorization in the U.S. Constitution for such laws. But the more precise answer might be more complicated.
- did the littering happen on federal property?
- what exactly did the litter comprise of? hazardous waste?
- did the littering violate other laws that the national government does have the right to pass laws about?
Could be a good weekly written assignment.
__________
For general reading on the subject:
- Litter in the United States.
Litter in the United States is an environmental issue and littering is often a criminal offense, punishable with a fine as set out by statutes in many places.
Litter laws, enforcement efforts, and court prosecutions are used to help curtail littering. All three are part of a "comprehensive response to environmental violators", write Epstein and Hammett, researchers for the United States Department of Justice. Littering and dumping laws, found in all fifty United States, appear to take precedence over municipal ordinances in controlling violations and act as public safety, not aesthetic measures. Similar from state-to-state, these laws define who violators are, the type or "function" of the person committing the action, and what items must be littered or dumped to constitute an illegal act. Municipal ordinances and state statutes require a "human action" in committing illegal littering or dumping, for one to be "held in violation." Most states require law enforcement officers or designated, authorized individuals, to "...witness the illegal act to write a citation." Together, prosecutions and punitive fines are important in fighting illegal littering and dumping.
A significant portion of litter along roadways in the U.S. is now being attributed to improperly tarped vehicles such as open-bed vehicles as well as trash and recycling collection vehicles that have not been properly secured.
HEALTH AND SAFETY CODE
- TITLE 5. SANITATION AND ENVIRONMENTAL QUALITY
- - SUBTITLE B. SOLID WASTE, TOXIC CHEMICALS, SEWAGE, LITTER, AND WATER
- - - CHAPTER 365. LITTER
- - - - SUBCHAPTER A. GENERAL PROVISIONS
- Sec. 365.001. SHORT TITLE. This chapter may be cited as the Texas Litter Abatement Act.
Litter weighing five pounds or less is a class C misdemeanor, punishable by a fine up to $500. If between five and 500 pounds, class B misdemeanor punishable by a fine up to $500, imprisonment up to 30 days, or both. If between 500 and 1,000 pounds or for a commercial purpose, class A misdemeanor punishable by a fine up to $4,000, imprisonment up to one year, or both. State jail felony if the litter to which the offense applies: (1) weighs 1,000 pounds or more; (2) disposed of for a commercial purpose and weighs 200 pounds or more; or (3) contained in a closed barrel or drum. Punishable by imprisonment up to two years and a fine up to $10,000. (See Tex. Penal Code §12.21 et seq.)
National Conference of State Legislatures: States with Littering Penalties.
States spend millions of dollars each year to clean up littered roadways, parks, and coastal areas. In addition to the direct cost of litter removal, litter also harms the environment, property values and other economic activity. The most common types of litter are food packaging, bottles, cans, plastic bags, paper and tobacco products. States can discourage littering through a variety of methods, one of which is to create and enforce criminal penalties that punish unwanted behavior. While all states have some type of litter law, penalties vary widely, based on the amount, type, and location of litter. In 10 states, for example, the weight or volume of litter determines the severity of the crime. Other states focus on the type of litter, imposing penalties for dumping large items, such as furniture or major appliances. Many states have also enacted legislation to address littering in certain places, such as public highways, coastal areas and recreational areas.
City of Houston Code of Ordinances: Chapter 39 - SOLID WASTE AND LITTER CONTROL.
Littering generally.
With the exception of containers and items placed for pickup in conformity with the conditions for pick up and the times authorized pursuant to this chapter, no provision contained in this chapter shall be construed as constituting the permission of the city for the deposit of solid waste upon sidewalks, public streets, curbs or other public places of the city. Any deposit which does not conform in all respects with the provisions set forth in this chapter shall constitute an unlawful deposit of litter which shall be punishable as provided by law.
"Don't Mess with Texas" is a slogan for a campaign aimed at reducing littering on Texas roadways by the Texas Department of Transportation (TxDOT). The phrase "Don't Mess with Texas" is prominently shown on road signs on major highways, television, radio and in print advertisements. The campaign is credited with reducing litter on Texas highways roughly 72% between 1987 and 1990.[1] The campaign's target market was 18- to 35-year-old males, which was statistically shown to be the most likely to litter. While the slogan was not originally intended to become a statewide cultural phenomenon, it did.
