Litter
Litter
Litter is any object (whether or not intended as waste) (but not waste lawfully consigned for disposal) which, when deposited anywhere other than in a litter bin or other designated place, is likely to become unsightly, nauseous, unsanitary or deleterious either by itself or in combination with other material.
Local authorities must ensure that public roads are kept free of litter. They must make arrangements for emptying and cleaning litter bins. They must take steps to prevent the creation and to overcome the pollutant effects of litter in their areas. Local authorities may make bye-laws in relation to litter.
Local authorities must make litter management plans and review them every three years. They must publish certain information in relation to the plan. As with other similar plans, there is provision for public involvement. The plans must follow ministerial guidelines.
There is provision for publication and public observations in the making of the litter management plan. The plan must be reviewed periodically. Regard must be had to the development plan.
Duties of Occupiers
The occupier of a public place has a duty to keep it free from litter. There is a duty to keep other places free from litter to the extent that is visible from a public place. The duty is on the owner in the case of land serving a building which is in more than two units.
An occupier of land in a public area where there is a speed limit is obliged to keep the footway adjoining his land free of litter and any area of land forming part of the public roadway between the footpath and roadway free from litter. Failure to comply is an offence.
The local authority may serve and enforce cleanup notices in relation to prohibited advertisements and structures defaced by graffiti and other marks etc. Non-compliance is an offence. The local authority may clean up the structures or remove the offending material and charge the cost to the owner or occupier in default.
The local authority may make requirements in relation to litter caused by major events. Notices may issue with requirements in relation to the management of litter and its impact on the environment. Conditions may be imposed to mitigate litter. The local authority may undertake remedial works and charge the cost to the promoters.
Special Responsibility
Promoters and organisers of events must ensure they have effective control measures at the venue and surrounding places before, during and after the event.
The owner or occupier of a mobile outlet used wholly or partly for the sale of produce, food or drink must provide and maintain adequate litter receptacles in order to prevent the creation of litter within a 100 m radius.
Dog owners must remove pet waste in a public place and dispose of it in a proper manner. Public places include public roads and footpaths, schools, beaches and sports grounds.
Putting up any articles or advertisements or the defacement of structures by writing or marks without the written consent of the owner, occupier or person in charge is prohibited where the structure or land et cetera is visible from a public place. Advertisement material must not be placed on a vehicle in a public place.
Bye-Laws
Local authorities have comprehensive powers to make bye-laws in relation to litter. They may regulate mobile outlets. They may require measures by certain classes of premises to limit the creation of litter and provide for removal.
They may place obligations on owners and managers of businesses or classes of persons in relation to washing the public area outside the premises. They may regulate the use and provision of supermarket trolleys. They may require promoters of events to be attended by significant numbers to take measures to limit the creation of litter.
Litter Wardens
Litter laws may be enforced by An Garda Siochana. The local authority may also employ litter wardens.
Litter wardens may request persons whom they reasonably suspect of having committed an offence to give their name and address. If they are not satisfied with their identity, they can require them to go to the local authority office or Garda station. It is an offence to fail to comply.
A litter warden may request the assistance of a member of An Garda Siochana. A Garda may arrest a person who has committed an offence under the legislation without a warrant. There are powers to impose on the spot fines / administrative penalties. Persons can be prosecuted if they do not pay within the relevant period.
A litter warden or a member of Garda Siochana may levy an “on the spot” fine. If it is not paid within 21 days, a prosecution may ensue.
If the contents of litter deposited in contravention of the Litter Act gives rise to a reasonable suspicion as to the identity of the person from whom it emanated, this may constitute evidence which is deemed sufficient in the absence of contradiction.
Legal action may not be maintained against a local authority, litter warden, officer, employee of the local authority or Garda Síochána for damages in respect of injury, loss to property or persons arising out of the exercise of Litter Act powers.
Litter Enforcement Notice
A local authority may serve a litter enforcement notice indicating the manner in which the legislation is being contravened and requiring steps to be taken to remediate the position. The person must comply with the notice within the time specified. The person may make representations in relation to the notice.
After receiving representations, the local authority may amend the notice. It is an offence not to comply. The local authority may take steps to enforce the notice itself in which event the cost may be recovered.
Local authorities have power to issue notices requiring the removal of litter. They may require steps to be taken to prevent the recurrence of litter. If the owner or occupier, the subject of the notice fails to take the steps required, the local authority may enter to do so and recover the costs.
The maximum possible penalties for conviction on indictment is €130,000 plus €10,000 per day or €3,000 on summary conviction and €600 per day. Unless the Court is otherwise satisfied, the offender must pay the local authority’s costs and expenses.
Various Offences
It is an offence to load, transport, unload or handle materials or things in such a way as to create litter or lead to litter in a public place or any place visible from a public place.
It is an offence to interfere with a litter bin provided by a local authority or another person unless authorised by the authority or the person who provides it.
It is an offence to deposit any substance so as to create litter in a public place or in a place visible to the public.
Waste may not be deposited for collection in such a way as to create litter. It is permissible to deposit litter in a litter receptacle or receptacle for collection by the local authority or permit holder or at a civic waste facility.
A person in charge of a vehicle, must not allow litter from the vehicle onto a public road. A person in charge of a skip must ensure that measures are taken to prevent the creation of litter in the vicinity.
Operators of mobile outlets have obligation to provide bins and other receptacles. They are responsible for litter arising within a certain radius. Additional requirements may be made by the local authority. Breach of the legislation is an offence.
Dog faeces must be immediately removed and disposed of when deposited in a public place. This also applies to certain other places such as schools, sports grounds, recreational or leisure places or the curtilage of a dwelling house unless the person concerned has consented to the presence of the dog.
The dog faeces provisions do not apply to police dogs or dogs herding livestock. The provision does not apply to guide dogs.
Penalties
A person guilty of an offence under the Litter Prevention Act may be subject to summary conviction to a fine up to €3000 and up to €600 per day for continuing offences. A person convicted on indictment may be subject to a fine up to €130,000 and €10,000 a day for continuing offences.
Persons convicted may be required to pay the local authority’s expenses in investigating and prosecuting the offence.
There are on-the-spot fines for persons depositing litter in a public place.