ROBERT L. EHRLICH, JR., Governor                            Ch. 214

(i) the property is designated by the State, a unit of the State, or a
political subdivision of the State for the disposal of litter and the person is authorized
by the proper public authority to use the property; or

(ii) the litter is placed into a litter receptacle or container installed
on the property.

(d)     If two or more individuals are occupying a motor vehicle, boat, airplane, or
other conveyance from which litter is disposed in violation of subsection (c) of this
section, and it cannot be determined which occupant is the violator:

(1)     if present, the owner of the conveyance is presumed to be responsible
for the violation; or

(2)     if the owner of the conveyance is not present, the operator is
presumed to be responsible for the violation.

(e)     Notwithstanding any other law, if the facts of a case in which a person is
charged with violating this section are sufficient to prove that the person is
responsible for the violation, the owner of the property on which the violation
allegedly occurred need not be present at a court proceeding regarding the case.

(f)      (1) A person who violates this section is subject to the penalties provided
in this subsection.

(2)     (i) A person who disposes of litter in violation of this section in an
amount not exceeding 100 pounds or 27 cubic feet and not for commercial gain is
guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding
30 days or a fine not exceeding [$1,000] $1,500 or both.

(ii) A person who disposes of litter in violation of this section in an
amount exceeding 100 pounds or 27 cubic feet, but not exceeding 500 pounds or 216
cubic feet, and not for commercial gain is guilty of a misdemeanor and on conviction is
subject to imprisonment not exceeding 1 year or a fine not exceeding [$10,000]
$12,500 or both.

(iii) A person who disposes of litter in violation of this section in an
amount exceeding 500 pounds or 216 cubic feet or in any amount for commercial gain
is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding
5 years or a fine not exceeding [$25,000] $30,000 or both.

(3)     In addition to the penalties provided under paragraph (2) of this
subsection, a court may order the violator to:

(i) remove or render harmless the litter disposed of in violation of
this section;

(ii) repair or restore any property damaged by, or pay damages for,
the disposal of the litter in violation of this section;

(iii) perform public service relating to the removal of litter disposed
of in violation of this section or to the restoration of an area polluted by litter disposed
of in violation of this section; or

- 805 -