H. B. 2726
(By Delegates C. White, Proudfoot, Underwood, Shelton, Campbell and Coleman)
[Introduced March 25, 1997; referred to the
Committee on the Judiciary.]
A BILL to amend article three, chapter sixty-one of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
fifty-three, relating to establishing a misdemeanor offense
of unauthorized use of a dumpster or solid waste container
or services; and providing criminal penalties.
Be it enacted by the Legislature of West Virginia:
That article three, chapter sixty-one of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated fifty-three,
to read as follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-53. Unauthorized use of dumpsters.
(a) A person who acquires the use of a dumpster or solid waste services for himself or another, whether through his or her
own efforts or with the assistance of another, or both, by making
or maintaining any unauthorized use of the dumpster or other
solid waste container, that is either located on the property of
another person or leased or otherwise owned or maintained by
another person, by dumping garbage or trash in the dumpster or
container is guilty of a misdemeanor and, upon conviction, shall
be punished in accordance with subsection (b) of this section.
There is excepted from the offense created by this section the
act of throwing an isolated object or objects into a dumpster or
other solid waste container.
(b) Any person convicted of a misdemeanor under subsection
(a) of this section shall be subject to the following penalties:
(1) Upon a first conviction under this section, the
defendant shall be fined not less than one hundred dollars, nor
more than two hundred fifty dollars.
(2) Upon a second conviction under this section, the
defendant shall be fined not less than two hundred fifty dollars,
nor more than five hundred dollars, or imprisoned in the county
jail not more than thirty days, or both fined and imprisoned.
(3) Upon any subsequent conviction in excess of a second
conviction under this section, the defendant shall be fined not
less than five hundred dollars, nor more than one thousand
dollars, or imprisoned in the county jail not less than thirty days nor more than sixty days, or both fined and imprisoned.
Notwithstanding the provisions of section four, article
eleven-a of this chapter or section two-a, article three, chapter
fifty of this code, the magistrate or court may order restitution
not to exceed the value of unauthorized solid waste services
received.
NOTE: The purpose of this bill is to establish the
misdemeanor offense of unauthorized use of a dumpster or solid
wasted container and services.
§61-3-53 is new; therefore, strike-throughs and
underscoring have been omitted.