Penalties

(a)Any person in violation of § 51205(a) of this Article shall be fined Two Hundred Dollars ($200.00) for the first offense, Three Hundred Dollars ($300.00) for the second offense, and Five Hundred Dollars ($500.00) for the third and subsequent offenses, unless the litter is determined to be of “substantial quantity” as defined in § 51202(e) of this Article.

(b)Notwithstanding § 80.50(c) of Article 3, Chapter 80, Title 9, Guam Code Annotated, any person or business that violates § 51205(b) of this Article shall be fined according to the gross uncompressed volume or the gross weight of the litter discarded for each violation as follows.

(1)One Thousand Dollars ($1,000.00) for litter with a gross uncompressed volume of four

(4)cubic feet up to eighteen

(18)cubic feet or a gross weight of fifteen

(15)pounds up to one hundred

(100)pounds; or

(2)Five Thousand Dollars ($5,000.00) for litter with a gross uncompressed volume greater than eighteen

(18)cubic feet up to thirty-six

(36)cubic feet or a gross weight greater than one hundred

(100)pounds up to five thousand (5,000) pounds; or

(3)Ten Thousand Dollars ($10,000.00) for litter with a gross uncompressed volume greater than thirty-six

(36)cubic feet or a gross weight greater than five thousand (5,000) pounds, and an additional Five Thousand Dollars ($5,000) for each additional eighteen

(18)cubic feet of uncompressed litter above thirty-six

(36)cubic feet or for each additional two thousand five hundred (2,500) pounds of litter above five thousand (5,000) pounds. For Subsections

(a)and

(b)of this Section, fines of One Thousand Dollars ($1,000.00) or less may be converted to hours of community service using the following formula: the amount of the fine divided by Nine Dollars and Twenty-five Cents ($9.25) equals the hours of community service to be served (fine amount ÷ $9.25 = hours of community service).

(c)Any person convicted of any litter offense may also be required by the court to pay the cost of removing the litter they caused. The Superior Court of Guam shall transfer all money collected to pay fines imposed under this Section to the Litter Control Revolving Fund established in § 51204 of this Article. Any peace officer, as that term is defined in § 5.55 of Article 2, Chapter 5, 8 GCA, may issue a citation for a litter offense.

(d)A person charged with a first violation may avoid a court hearing by posting bail in the amount of the minimum fine or paying such prescribed fine as the Traffic Court Division of the Superior Court of Guam shall prescribe. CH. 51 SOLID WASTE MANAGEMENT AND LITTER CONTROL

(e)When the risk of fire is determined to be high, in accordance with the provisions of 10 GCA § 63704, any person convicted of a violation of this Chapter for discarding a cigarette, lit or unlit, from a moving or stationary motor vehicle, during the time the risk of fire is determined to be high, shall be subject to two

(2)times the fine or community service penalties prescribed herein in this Section, or both.

(f)Any person convicted of violating this Section shall not be relieved from any charges that may arise as a consequence of a violation of this Section.