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2021 SPECIAL SESSION I
21101638DBe it enacted by the General Assembly of Virginia:
1. That § 33.2-802 of the Code of Virginia is amended and reenacted as follows:
§ 33.2-802. Dumping trash; penalty.
A. It shall be is unlawful for any person to
dump or otherwise dispose of trash, garbage, refuse, litter, a companion animal
as defined in § 3.2-6500 for the purpose of disposal, or other unsightly matter
on (i) public property, including
a public highway, right-of-way, or property adjacent to such highway or
right-of-way, or on (ii) private property without
the written consent of the owner or his agent.
B. When any If a person is arrested for a
violation of this section,
and the matter alleged to have been illegally dumped or disposed of has been
ejected from a motor vehicle or transported to the disposal site in a motor
vehicle, the arresting officer may comply with the provisions of § 46.2-936 in
making an arrest.
When If a violation of the provisions of this section
has been observed by any person,
and the matter illegally dumped or disposed of has been ejected or removed from
a motor vehicle, the owner or operator of the motor vehicle shall be presumed
to be the person ejecting or disposing of the matter. However, such presumption
shall be rebuttable by competent evidence.
C. Any person convicted of a violation of this section is
guilty of a misdemeanor punishable by confinement in jail for not more than 12
months and a fine of not less than $250 $500 or more than $2,500
$5,000, either or both. In lieu of the imposition of
confinement in jail, the court may order the defendant to perform a mandatory
minimum of 10 40 hours of community service
in litter abatement activities.
D. The governing bodies body of
localities any locality
may adopt ordinances not in conflict with the provisions of this section and
may repeal or amend such ordinances.
E. The provisions of this section shall not apply to the lawful disposal of such matter in landfills.