Agenda Item 7
February 9, 2016
Josh Hamlin, Legislative
Bill 1-16, Solid Waste - Illegal Dumping and Litter Control
Bill 1-16, sponsored by Lead Sponsors Councilmembers Navarro and Rice and Co
Sponsors Councilmembers Leventhal and Riemer, Council President Floreen, and
Councilmembers Katz, EIrich, Hucker and Berliner, was introduced on January 19, 2016. A
Transportation, Energy, Infrastructure and Environment Committee worksession is tentatively
scheduled for March 10, 2016 at 2:00 p.m.
Bill 1-16 would amend the existing County law prohibiting on the disposal of litter on
certain public and private property to provide additional penalties as authorized in a 2015
amendment to State law. State law generally prohibits littering on public and private property, and
authorizes municipal corporations to prohibit littering and treat violations as municipal infractions.
The State prohibition includes escalating criminal penalties based on the amount oflitter, and also
authorizes a court to award certain equitable relief. Prior to 2015, only Prince George's and Calvert
Counties were specifically authorized
impose criminal penalties and civil penalties up the
specified criminal penalties and civil penalties under State law. Montgomery County was limited
to imposing penalties consistent with the authorization under Maryland Local Government Code,
civil fines not exceeding $1,000; or (2) criminal fines and penalties not exceeding
$1,000 and imprisonment not exceeding 6 months. Under the existing County law, illegal littering
is a Class A violation.
its 2015 session, the Maryland General Assembly enacted HB 106 (<<:>13-14), that added
Montgomery County to the counties authorized to impose additional penalties up to those in the
State law. Bill 1-16 will implement that new authority, so that a violation of the County anti
littering law will be punishable as follows:
(1) a maximum civil fme of $500 for a first offense, and $1,000 for subsequent
(2) a criminal penalty as follows:
(A) disposal of litter in an amount not exceeding 100 pounds or 27 cubic feet
and not for commercial gain is a misdemeanor subject to imprisonment not
exceeding 30 days or a fine not exceeding $1,500 or both.
(B) disposal of litter in an amount exceeding 100 pounds or 27 cubic feet, but
not exceeding 500 pounds or 216 cubic feet, and not for commercial gain is