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PARRIS N. GLENDENING, Governor
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Ch. 175
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for commercial purposes is guilty of a misdemeanor and is subject to a fine of not
more than $1,000, or by imprisonment for not more than 30 days, or both.
(2) A person who dumps litter in violation of subsection (d) of this section
in an amount exceeding 100 pounds in weight or 27 cubic feet in volume, but not
exceeding 500 pounds in weight or 216 cubic feet in volume and not for commercial
purposes is guilty of a misdemeanor and subject to a fine of not more than $10,000 or
imprisonment for not more than 1 year or both.
(3) A person who dumps litter in violation of subsection (d) of this section
in an amount exceeding 500 pounds in weight or 216 cubic feet in volume or in any
quantity for commercial purposes is guilty of a misdemeanor and subject to a fine of
not more than $25,000 or imprisonment for not more than 5 years or both.
(4) In addition to the sentences provided by this subsection, a court may
order the violator to:
(i) Remove or render harmless the litter dumped in violation of
this section;
(ii) Repair or restore property damaged by, or pay damages for, any
damage arising out of dumping the litter in violation of this section;
(iii) Perform public service relating to the removal of litter dumped
in violation of this section or to the restoration of an area polluted by litter dumped in
violation of subsection (d) of this section; or
(iv) Reimburse the State, county, municipal corporation, or
bi-county agency for any costs incurred by the State, county, municipal corporation,
or bi-county agency in the removal of litter dumped in violation of subsection (d) of
this section.
(f) Whenever litter is thrown, deposited, dropped or dumped from any motor
vehicle, boat, airplane or other conveyance in violation of subsection (d) of this
section, and if the vehicle, boat, airplane or other conveyance has two or more
occupants and it cannot be determined which occupant is the violator, the owner of
the vehicle, boat, airplane or other conveyance, if present, shall be presumed to be
responsible for the violation; in the absence of the owner of the vehicle, boat, airplane
or other conveyance, the operator shall be presumed to be responsible for the
violation. Furthermore, licenses to operate such conveyances may be suspended for a
period not to exceed seven days together with, or in lieu of, penalties provided in
subsection (e) of this section.
(g) Notwithstanding any other provision of law, if the facts of any case in
which a person is charged with violating this section are sufficient to prove that the
person is responsible for the violation, it is not necessary that the owner of the
property on which the violation allegedly occurred be present at any court proceeding
regarding that case.
(h) All law-enforcement agencies, officers and officials of this State or any
political subdivision thereof, or any enforcement agency, officer or any official of any
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- 883 -
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