                                 CODE OF VIRGINIA

DUMPING TRASH; PENALTY (§ 33.2-802)

A. It is unlawful for any person to dump or otherwise dispose of trash, garbage,
refuse, litter, a companion animal as defined in &#xA7; 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 (ii) private property without the written consent of the owner
or his agent.

B. 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 &#xA7; 46.2-936 in making an
arrest.
			If a violation 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 $500 or more than $2,500, 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 hours of community service in litter abatement
activities.

D. The governing body of 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.

HISTORY: Code 1950, § 33-279.1; 1950, p. 453; 1970, c. 264, § 33.1-346; 1972,
c. 65; 1976, c. 773; 1978, c. 226; 1981, c. 340; 1988, c. 805; 1995, c. 657;
2000, c. 20; 2003, cc. 113, 787; 2013, c. 156; 2014, c. 805; 2021, Sp. Sess. I,
c. 175.