A. Littering consists of discarding refuse:
(1) on public property in any manner other than by placing the refuse in a receptacle provided for the purpose by the responsible governmental authorities or otherwise in accordance with lawful direction; or
(2) on private property not owned or lawfully occupied or controlled by the person, except with the consent of its owner, lessee or occupant.
B. Whoever commits littering is guilty of a petty misdemeanor and, notwithstanding the provisions of Section 31-19-1 NMSA 1978, shall be punished by a fine of fifty dollars ($50.00). The use of uniform traffic citations is authorized for the enforcement of this section. The court may to the extent permitted by law, as a condition to suspension of any other penalty provided by law, require a person who commits littering to pick up and remove from any public place or any private property, with prior permission of the legal owner, any litter deposited thereon.
History: 1953 Comp., § 40A-8-4, enacted by Laws 1963, ch. 303, § 8-4; 1975, ch. 199, § 1; 1977, ch. 79, § 1; 1981, ch. 256, § 1; 2018, ch. 74, § 5.
Cross references. — For municipal refuse collection and disposal, see 3-48-1 NMSA 1978 et seq.
For provisions relating to uniform traffic citations, see 66-8-128 NMSA 1978 et seq.
The 2018 amendment, effective July 1, 2018, provided that the penalty for littering shall be a fine of fifty dollars, and removed language related to more severe penalties for littering; in Subsection B, after "petty misdemeanor", added "and, notwithstanding the provisions of Section 31-19-1 NMSA 1978, shall be punished by a fine of fifty dollars ($50.00)"; and deleted former Subsection C, which stated "Any jail sentence imposed pursuant to Subsection B of this section may be suspended, in the discretion of the magistrate or judge, upon conditions that the offender assist in litter clean-up in the jurisdiction for a period not to exceed the length of the suspended sentence."
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