Litter in the United States is an environmental issue and littering is often an 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. State laws appear to take precedence over municipal ordinances in controlling litter and act as public safety, not aesthetic measures. Similar state to state, 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 by-and-large require "human action" in committing an act of illegal littering or dumping for one to be "held in violation." Some believe anti-litter statutes are "simply not enforced, or with the lowest priority." There is "...a perception [by law enforcement personnel] that environmental crimes are not real crimes." Most states require law enforcement officers to "...witness the illegal act to write a citation." Prosecutions are important in fighting illegal littering and dumping. [1]
Over 800 Americans are killed each year in litter/debris-attributed motor vehicle accidents, with Colorado, Mississippi the top states for these deaths to take place.[2] 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.[3][4][5]
A national survey of United States prosecutors noted the most important factor in prosecuting an offense was the "degree of harm" a violation posed and the "criminal intent" of the offender. America's most prosecuted littering offense involve illegal hazardous waste disposals. Civil and criminal fines are the "most common strategy governments use to control environmental behaviors." Most offenders settle outside of court. For small littering, a monetary penalty and/or a specified number of hours picking up litter or community service is typical chastisement. Going to jail for a littering/dumping conviction is still a rarity.[6]
For example, in California the punishment for first-time littering starts at a $100 fine and eight hours of picking up roadside litter. A defendant's third offense and all subsequent offenses are punished with a minimum penalty of a $750 fine and 24 hours of litter cleanup (per offense).[7] Such penalties are often prominently posted on roadside signs.
In Idaho, the Comprehensive Litter Prevention and Abatement Act was signed into law in 2006. Litterers can be fined up to $180 when including a subcharge of $80 USD and be ordered to clean a littered area in the community.[8]
In Washington State, the littering of (especially lit) cigarettes can incur a fine of up to $1025. During the summer months, drought-like conditions and tinder-dry forests, lit or smoldering debris have started many wildfires. State litter surveys have shown that an average of 352 pounds of litter is picked up for every mile of highway including about 3,000 cigarette butts. In 2002, some 350 car accidents involved litter or road debris.[9]
"The 2011 American State Litter Scorecard," ranking the fifty United States on overall quality/effectiveness of public spaces cleanliness and related environmental performances, was presented at the American Society for Public Administration National Conference in Baltimore. Best states include Washington (top), California, Iowa, Maine, Connecticut, Rhode Island , Vermont , Oregon, New Hampshire, North Carolina, and New York--most located in New England or Far West regions of the United States. Worst states include Kentucky (bottom), Louisiana, Mississippi, Nevada, Alabama, Indiana, Georgia, Illinois, Oklahoma, Montana, North Dakota and Texas -- most located in the South, Central United States or Sun Belt regions. [10]
In June, 2011, Travel + Leisure issued a "America's Dirtiest Cities" report, with cities having the most unremoved, publicly visible litter selected and voted for by both magazine readership and city residents. The named top ten "Dirtiest" Cities were #1 New Orleans, followed by Philadelphia, Los Angeles, Memphis, New York City, Baltimore, Las Vegas, Miami, Atlanta and Houston.[11]