Last week in T&T, with no major storm-like rainfall like what Hurricane Matthew brought to the northern Caribbean and southern USA, there were still massive floods. Given all the garbage we saw, littering did play a key role. This isn't to say that flooding is attributed to littering solely. There are other factors like drainage and rainfall intensity. We have a comprehensive littering law but its effectiveness is another matter. The Litter Act
(No. 27 or 1973) was amended seven times with the latest version being Act No. 4 of 2014.
Offences and penalties
A litter offence takes place when people don't deposit litter in an approved place or receptacle. We often hear "there was no place to leave the garbage so we left it in place X." The law is absolutely clear–the absence or unavailability of a receptacle is no excuse to litter.
Drivers beware, the law gets more serious. When litter is deposited from a motor vehicle other than a bus or taxi plying for hire and it cannot be deter-mined who is responsible for the litter, the driver is deemed responsible. Then, if it cannot be determined who was the driver, the owner of the vehicle is responsible. Punishment for an individual for this offence is
$4,000 or six months imprisonment; for a body corporate, it's an $8,000 fine.
Have you ever noticed vehicles transporting material likely to fall or blow off because they weren't well-secured? Well, the fine for an individual is $4,000 or six months imprisonment; and
$8,000 for a body incorporate. The next time you travel in a bus or taxi look for this–a place for you to deposit litter. Failure to have this is a $500 fine. You don't have to throw that bag or bottle through the window.
We all know of instances whereby people dump litter on other person's premises without permission. This carries a
$4,000 fine or six months imprisonment. Repeat offenders for all of the littering offences don't get away easy. Their fines are doubled!
Municipal corporations in Trinidad (city, borough and regional), and the Tobago House of Assembly can notify people who leave garbage, or the owner or even occupier of the property to restore the premise to a satisfactory condition. If the person doesn't comply, he is subjected to a $4,000 fine and to a further fine of $800 for every day which the failure is continued after conviction.
It gets tougher. The local authority may enter the property and remove the litter and later recover the costs as a civil debt from the person. We need to see more of this happening and publicised. There is protection for people to enter the said premises and remove the litter as authorised. If anyone hinders them, they can be fined $1,000 and receive six months imprisonment.
We have seen derelict vehicles all over. People found leaving them may be notified by the local authority to remove them. Failure to comply within 24 hours can result in a $4,000 fine and a further fine of $800 per day during which the failure continues. The local authority may remove the vehicle, charge the person as a civil debt and even dispose of it!
Litter Prevention Wardens
In addition to the littering penalty, the court may order the offender to clean up and remove the litter within a specified time period. Failure to comply draws an additional fine of $1,000. A Litter Prevention Warden or another person nominated by the court may prosecute this matter. The litter can then be removed at a cost to the offender and charged to him.
Both local authorities and the Minister of Health may appoint Litter Prevention Wardens. All of the following people are deemed to be Litter Prevention Wardens:(a) police officers, special reserve police officers and precepted officers, (b) members of municipal police service, (c) public health inspectors, (d) forest officers and (e) harbour masters.
If people fail to comply with the litter removal order issued by a litter warden, prosecution can be initiated. Again, the fine is $1,000 and the authority can even remove the litter and charge the owner the removal fee.
Obstructing, failing to comply, refusing to identity your true self, impersonating, being violent towards or using threatening language, even bribing or offering favours to a litter warden can lead to a fine of $1,000.
Did you know that people who commit litter offences may be taken into custody without warrant by any constable or little warden? Know this–people who refuse to aid a litter warden or constable in arresting any person can be fined $500.
Public Education
Whether littering leads to floods, an explosion of rodents and diseases or a dirty unpleasant environment to live and work in, it must be reduced consider-ably. A full public education campaign with governmental and NGOs is warranted. Start in the schools and then go into the various communities. Homes are an integral part too.
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