Bill Would Permit Non-Police Officers to Issue Littering Citations

We have been informed by a member of the House of Delegates that this piece of legislation was just passed out of the House Judiciary Committee. Although it must be reported out of one other sub-committee, it could have its first reading in the full House this week. The legislation, if passed, could go a long way in getting our city cleaned up by implementing increased and consistent enforcement.

H. B. 3197

(By Delegates Fleischauer, Beach, Shook,

Marshall, Manchin, Talbott, Miley, Mahan, Caputo,

Fragale and Perdue)

[Introduced March 18, 2009; referred to the Committee on the Judiciary then Finance.]


A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-12-16b, relating to authorizing municipalities to permit non-police officers to issue citations for littering.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §8-12-16b, to read as follows:

ARTICLE 12. GENERAL AND SPECIFIC POWERS, DUTIES AND ALLIED RELATIONS OF MUNICIPALITIES, GOVERNING BODIES AND MUNICIPAL OFFICERS AND EMPLOYEES; SUITS AGAINST MUNICIPALITIES.
§8-12-16b. Special litter prevention officers. Every municipality that has adopted an anti-litter ordinance pursuant to section five of this article shall have plenary power and authority to provide by ordinance for the appointment of special litter prevention officers, whose duties include the enforcement of municipal anti-littering ordinances. Notwithstanding any other provision of this code, those officers may also be assigned to perform other duties or be presently employed by the municipality in another capacity and have these additional duties assigned to him or her. In the performance of these duties, such special litter prevention officers shall be vested with the power to issue citations, issue summonses and sign complaints. Such special litter prevention officers shall display a badge or other sign of authority. The governing body of the municipality may require such special litter prevention officers to give bond, payable to the municipality, in its corporate name, with such sureties and in such penalty as the governing body may see fit, conditioned for the faithful performance of their duties.

NOTE: The purpose of this bill is to permit non-police officers to issue citations for littering.