Litter
Section 87 creates the criminal offence of leaving litter. "If any person throws down, drops or otherwise deposits in, into or from any place to which this section applies, and leaves, any thing whatsoever in such circumstances as to cause, or contribute to, or tend to lead to, the defacement by litter of any place to which this section applies, he shall ... be guilty of an offence" (s.87(1)). There are exceptions where the person has lawful authorisation or consent (s.87(2)). Offenders can, on summary conviction in the Magistrates' Court, be sentenced to a fine of up to level 4 on the standard scale (s.87(5)).
There is also a system of fixed penalty notices (s.88). Local authorities and central government have duties to keep roads, highways and public spaces free from litter (s.89). Members of the public who are aggrieved by litter in public places can apply to the Magistrates' Court for an abatement notice to order the responsible public body to carry out its duties under section 89 (s.91). Public authorities also have powers to issue litter abatement notices and litter clearing notices on the occupiers of certain (i.e. specific) premises to order clearing of litter (ss.92-92A). Occupiers can appeal against a notice to the Magistrates Court within 21 days (s.92B) but it is otherwise a crime to disobey a notice, punishable on summary conviction to a fine of up to level 4 on the standard scale (s.92C). A local authority may also issue street litter control notices to occupiers of certain (i.e. specific) premises, such as take-out food establishments, to keep the street and public areas near to their premises clear of litter (s.93).
Local authorities have the power to designate land in order to prevent the distribution of free printed material, such as advertising flyers. Offenders face summary conviction in the Magistrates' Court and a fine of up to level 4 on the standard scale, seizure of the material or a fixed penalty notice (s.94B / Sch.3A) Local authorities may seize abandoned shopping trollies and luggage trollies, returning them to their owner and imposing a statutory fee, or otherwise disposing of them (s.99 / Sch.4).
Some of the provisions of this part were repealed and superseded by the Clean Neighbourhoods and Environment Act 2005.
Read more about this topic: Environmental Protection Act 1990, Part IV
Famous quotes containing the word litter:
“Sunday morning may be cheery enough, with its extra cup of coffee and litter of Sunday newspapers, but there is always hanging over it the ominous threat of 3 P.M., when the sun gets around to the back windows and life stops dead in its tracks.”
—Robert Benchley (1889–1945)