"Bayou Bill" Scifres
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Littering Laws Must Be Enforced
Copyright © 2005 by Bill Scifres
9-12-05

Let’s see, now. When my handwriting gets cold, my notes are difficult to decipher. But I think it says here that Brown County State Park is looking for volunteers to pick up the refuse left this summer by park patrons (who profess a love for this beautiful area) on September 17. 

I think I have something to say about that. It seems to me that this is an admirable project.

It also seems to me that every Brown County State Park user should check details by telephone (812-988-5240) with Jim Eagleman, park naturalist, and get into the act.

But, it also seems to me that there is an unfortunate facet to this grizzly picture; namely that those who show up to pick up the debris of summer will not be the ones who put it there.

At this point, while it pains me deeply, I must point a merciless finger at rank and file outdoor lovers of Indiana (and the U.S. for that matter) and say that we have been infiltrated by a generation of slobs.

Worse yet, we are tolerating it.

“Well, there ought to be a law against littering,” you may say. Well, there is.

Indiana Code 35-45-3 covers the whole ball of wax. Here’s what it says:

“Chapter 3 Littering and Pollution.

“Sec. 1 (A) A person who recklessly, knowingly, or intentionally places or leaves refuse on property of another person, except in a container provided for refuse, commits littering.

“(B) Refuse includes solid and semisolid wastes, dead animals, and offal.” 

“Sec. 2 (A) A person who recklessly, knowingly, or intentionally places or leaves refuse on property of another person, except in a container provided for refuse, commits littering, a Class B infraction.

“(B) Refuse includes solid and semisolid wastes, dead animals, and offal.

“(C) Evidence that littering was committed from a moving vehicle other than a public conveyance constitutes prima facie evidence that it was committed by the operator of that vehicle.”

Section 3 on throwing burning material from a moving motor vehicle says: “A person who throws from a moving motor vehicle a lighted cigarette, cigar, or match, or other burning material commits a Class A infraction.”

The Indiana Codes provides for fines of up to $1,000 for Class B infractions, and up to $5,000 for Class A infractions. In court infractions do not carry the possibility of prison sentences. However, guilt in a court case involving infractions (as opposed to violations) may be determined by the fact that the infraction “more likely than not” occurred.

Yes, there is a law on littering and it applies to both private and public property.

We can’t hide from littering. It is present everywhere we go. But there must be something we can do to curtail it.

Littering laws, as they probably should be, are not aimed at working hardships on people. On the surface, at least, littering cannot be compared to acts of violence. Still, if littering is not stopped--or at least curtailed--we could one day be up to our gizzards in filth, which breeds all kinds of unhealthy things.

Conservation officers probably enforce our littering laws more often than any other law enforcement agency. Still, the law applies to all Hoosiers, and outdoors people do not have a corner on littering.

Solving the littering problem is no more complicated than educating the public. To achieve this, some kind of crackdown on littering is needed. The place and time are here and now. 



 
All columns, essays, and photos are copyrighted by Bill Scifres and may not be reproduced in any form without prior permission from the author.  For reproduction permission and media usage fees, contact: Bill Scifres, 6420 East 116th Street, Fishers, IN 46038, E-mail: billscifres@aol.com

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