(a) It is unlawful to drop, deposit, discard, or otherwise dispose of litter upon any public or private property in this state or upon or into any river, lake, pond, or other stream or body of water within this state, unless:

(1) The property has been designated by the Arkansas Department of Environmental Quality as a permitted disposal site;

(2) The litter is placed into a receptacle intended by the owner or tenant in lawful possession of that property for the deposit of litter, if it is deposited in such a manner as to prevent the litter from being carried away or deposited by the elements upon any part of the private or public property or waters; or

(3)

(A) The person is the owner or tenant in lawful possession of the property and the litter remains upon the property and the act does not create a public health or safety hazard, a public nuisance, or a fire hazard.

(B) However, a property owner shall not be held responsible for the actions of his or her tenant.

(b) (1) (A) A person who violates this section upon conviction is guilty of a violation and shall be fined an amount not less than one hundred dollars ($100) and not more than one thousand dollars ($1,000) and is subject to community service under subdivision (b)(2)(A) of this section.

(B) A person who violates this section for a second or subsequent offense within three (3) years of a prior offense upon conviction is guilty of a violation and shall be fined an amount not less than two hundred dollars ($200) and not more than two thousand dollars ($2,000) and is subject to community service under subdivision (b)(2)(A) of this section.

(2) (A) In addition to any sentence provided for under this subsection, the court upon conviction shall impose the following penalty of community service:

(i) For a first offense, not more than eight (8) hours; or

(ii) For a second or subsequent offense, not more than twenty-four (24) hours.

(B) A person may also be required by the court as a part of his or her sentence to remove litter from alongside highways and at other appropriate locations for any prescribed period.

(3) A person convicted of a violation of this section who fails to pay any fines assessed in accordance with the findings and orders of the court shall have his or her driver's license suspended for six (6) months by the Department of Finance and Administration upon receipt by the Department of Finance and Administration of an order of denial of driving privileges from the court under this section.

(c)

(1) A person who violates this section and who is found to have committed the violation in furtherance of or as a part of a commercial enterprise, whether or not that commercial enterprise is the disposal of wastes, upon conviction is guilty of commercial littering and is guilty of a Class A misdemeanor.

(2) A person convicted of commercial littering may be required to remove litter disposed of in violation of this subchapter.

(d) All or any portion of the fines, community service, and imprisonment penalties provided by this section may be suspended by the court if the violator agrees to remove litter from alongside highways and at other appropriate locations for a prescribed period.