Public Property and Works

Litter Control and Recycling

SECTION 37-15-9

§ 37-15-9. Litter receptacles.

(a) The department shall design and the director shall adopt by rule or regulation one or more types of state litter receptacles which are reasonably uniform as to size, shape, capacity, and color, for wide and extensive distribution throughout the public places of this state. Each litter receptacle shall bear an anti litter symbol as designed and adopted by the department. In addition, all litter receptacles shall be designed to attract attention and to encourage the depositing of litter.

(b) Litter receptacles of the uniform design shall be placed along the public highways of this state and at all parks, campgrounds, trailer parks, drive-in restaurants, gasoline service stations, tavern parking lots, shopping centers, grocery store parking lots, liquor store parking lots, parking lots of major industrial firms, marinas, boat launching areas, boat moorage and fueling stations, public and private piers, beaches and bathing areas, and at such other public places within this state as specified by rule or regulation of the director. The number of receptacles required to be placed as specified herein shall be determined as prescribed by the director.

(c) It shall be the responsibility of any person owning or operating any establishment or public place in which litter receptacles of the uniform design are required by this section to procure and place the receptacles at their own expense on the premises in accordance with rules and regulations adopted by the department. Litter receptacles must be made available to the public as recommended by the department.

(d) The department shall establish a system of grants to aid cities, towns, and counties in procuring and placing litter receptacles. The grants shall be on a matching basis under which the local government involved electing to participate in this grant program shall be required to pay at least fifty percent (50%) of the total costs of the procurement of receptacles sufficient in number to meet departmental guidelines established by rule pursuant to this section. The amount of the grant shall be determined on a case by case basis by the director after consideration of need, available departmental and local government funds, degree of prior compliance by the local government involved in placement of receptacles, and other relevant criteria. The responsibility for maintaining and emptying the receptacles shall remain with the unit of local government. The provisions of this chapter as they may relate to any city or town shall not be construed to be a reimbursable state mandated cost pursuant to §§ 45-13-7 – 45-13-10.

(e) Any person, other than a political subdivision, government agency, or municipality, who fails to place the litter receptacles on the premises in the numbers required by rule or regulation of the department, violating the provisions of this section or rules or regulations adopted thereunder, shall be subject to a fine of ten dollars ($10.00) for each day of violation.

History of Section.
(P.L. 1984, ch. 251, § 2.)