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Chapter 13 - Litter Control

Chapter 13 - Litter Control

22.1301 Definitions.


(a) For purposes of this chapter, the following definitions shall apply:

(1) “ASEPA” means the American Samoa Environmental Protection Agency.

(2) “Litter” means rubbish, refuse, waste materials, garbage, trash, offal, any dead animal, or any debris of any kind or description whether or not it is of value, including improperly discarded paper, metal, plastic, glass, cloth, and any liquid or solid wastes.

(3) “Solid waste agency” means the government agency designated by the Governor or by other law as responsible for the management of solid waste issues in American Samoa, including the pickup, transportation and disposal of solid wastes, as defined in 25.0101 (25) A.S.C.A.

(4) “Solid waste official” means the official appointed by the Governor to oversee solid waste collection and disposal issues in the Territory. Such official shall be responsible for the collection, transportation and disposal of solid waste.

22.1302 Prohibition of littering.


(a) A person shall not discard, throw, or place, or caused to be placed, without the permission of this Territory or the Federal Government, any litter of any kind on the right-of-way of any public road, highway, or other public place, or on land or water, owned, operated, or leased by the Territory or the Federal government, or on any communal or private real property owned by another, unless such placement is made in a manner approved by the solid waste official for the purpose of collection by the solid waste agency.

(b) Any person who drops, or permits to be dropped or thrown upon any highway, any destructive or injurious material including that likely to harm a person, animal, or vehicle upon such highway shall immediately remove the same or cause it to be removed.

(c) A person removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped upon the highway from such vehicle.

In the case of litter discarded from a vehicle on the highway, or in any public place, the driver of the vehicle may be cited for any litter discarded or deposited from such vehicle, if the person who discarded the litter is unknown.

22.1303 Prohibition of tampering with or removing a litter container.


(a) A person shall not in any way tamper with or damage any litter receptacle so as to interfere with its designated purpose or to detrimentally affect its appearance.

(b) A person shall not remove from its place any litter receptacle which the person does not own or for which the person does not have responsibility.

22.1304 Responsibility of government.


Litter receptacles shall be suitably located along the public highways of the Territory, village access roads, residential areas, in other public places, beaches, and park and recreation areas. The solid waste official, in consultation with the Director of Parks and Recreation shall be responsible for continuous implementation of this provision.

22.1305 Responsibility of businesses.


Notwithstanding any other provision of law, every owner or operator of a commercial establishment in the Territory shall be responsible for providing and maintaining sufficient and suitable litter receptacles on his business premises.

22.1306 Penalties.


(a) Littering, or violation of any provision of this chapter, is an infraction punishable under the following schedule of fines, at the discretion of the district court:

NO LESS THAN and NO MORE THAN

First Offense… $50.00 $100.00

Second Offense.. $100.00 $200.00

Third Offense…. $400.00 $500.00

Fourth Offense... $500.00 $1,000.00

(b) Additionally, or in lieu of fines, any person convicted under this chapter may be ordered to pick up and remove litter from public places, including streams and the seashores, under the direction of the Department of Public Safety.

(c) All fines collected shall be deposited into the general fund and subject to legislative appropriation.

22.1307 Enforcement powers.


(a) This chapter shall be enforced by issuance of written traffic citations and according to the rules of the violations bureau and the district court, in accordance with chapter 8 of this title.

(b) The following individuals may issue and serve citations for violations of this chapter:

(1) all law enforcement officers of the department of public safety;

22.1308 Preservation authority.


The provisions of this chapter shall not in any way preempt or diminish the present powers and duties of the solid waste official and the Directors of ASEPA and health with regard to enforcement of public health laws dealing with solid and industrial waste under chapter 20, title 25 A.S.C.A.

22.1309 Severability.


If any provisions of this chapter or its application to particular persons or circumstances is held invalid by a court of law, the application of such provision to other persons or circumstances shall not be affected, nor shall the remainder of the provisions of this chapter by affected thereby.