Louisiana Litter Court
A Legal Framework Overview
Educational material provided pursuant to Canon 4A, Louisiana Code of Judicial Conduct, which permits judges to speak, write, and teach concerning the law, the legal system, and the administration of justice.
1. Understanding Litter Courts
in Louisiana
What Louisiana Law Provides
Louisiana law establishes a framework for local enforcement of litter violations through Justice of the Peace courts. This structure allows parishes to address litter issues locally while keeping fine revenue within the community. The following information describes the existing legal framework as established by the Louisiana Legislature.
The term "Litter Court" refers to the exercise of litter violation jurisdiction by a Justice of the Peace court. Louisiana law provides multiple enabling mechanisms for this jurisdiction:
Automatic State Law Jurisdiction
R.S. 13:2586(C)(2) grants Justices of the Peace concurrent parish-wide jurisdiction over simple littering violations under R.S. 30:2531(B) — no parish ordinance required. This is existing state law authority.
Parish Ordinance Authority
R.S. 33:1236(54) grants parishes direct power to enact litter ordinances with JP jurisdiction and constable enforcement. Additionally, R.S. 13:2586(C)(2) extends JP jurisdiction to any parish ordinance that designates JP court as the trial venue. This allows parishes to create additional violation categories with local penalty structures.
Expanded Legislative Grants
For authority beyond litter — such as property standards and nuisance — the Legislature has amended R.S. 13:2586 to grant specific parishes expanded JP jurisdiction (see Section 3 below).
In all cases, this jurisdiction is concurrent with district courts, meaning cases may be heard in either venue. The practical advantage of JP jurisdiction is local accessibility, constable prosecution under R.S. 13:2587.1, and fine distribution that supports local enforcement.
2. State Litter Law (Title 30)
The Louisiana Litter Control Law (R.S. 30:2531 et seq.) defines litter violations and penalties at the state level. When operating under state law only (without a parish ordinance), this is the complete enforcement framework.
Violation Categories
& Penalties
| Violation Type | Nature | Statute | First Offense | Subsequent |
|---|---|---|---|---|
| Simple Littering Negligent or careless disposal of litter | Civil | R.S. 30:2531(B) | Up to $150 or 8 hours community service | Up to $900 or 16 hours community service |
| Intentional Littering Willful disposal of litter | Criminal | R.S. 30:2531(A) | Up to $500 + 8 hours mandatory community service | 2nd: Up to $900 + 16 hrs; 3rd+: Up to $2,500 + 80 hrs + DL suspension |
| Gross Littering Large items: furniture, appliances, auto parts, building materials | Criminal | R.S. 30:2531.1 | $900-$2,000 + 8 hours mandatory community service | 2nd: $900-$5,000; 3rd+: $3,000-$10,000 + up to 30 days imprisonment |
| Commercial Littering Industrial, commercial, mining, or agricultural operations | Civil | R.S. 30:2531.3 | $200 per occurrence | Plus cleanup costs and investigative expenses |
Negligent or careless disposal of litter
Up to $150 or 8 hours community service
Up to $900 or 16 hours community service
Willful disposal of litter
Up to $500 + 8 hours mandatory community service
2nd: Up to $900 + 16 hrs; 3rd+: Up to $2,500 + 80 hrs + DL suspension
Large items: furniture, appliances, auto parts, building materials
$900-$2,000 + 8 hours mandatory community service
2nd: $900-$5,000; 3rd+: $3,000-$10,000 + up to 30 days imprisonment
Industrial, commercial, mining, or agricultural operations
$200 per occurrence
Plus cleanup costs and investigative expenses
Fine Distribution
R.S. 30:2532 — State Law Distribution
When prosecuted under state law, fines are distributed as follows:
- 25% — Law enforcement agency issuing citation
- 50% — Law enforcement retirement system
- 15% — Litter abatement program (or JP reimbursement if in JP court)
- 5% — District Attorney (or Constable if in JP court)
- 5% — State treasury (Litter Abatement and Education Account)
State Law vs. Parish Ordinance
The above represents the state law framework. When a parish adopts its own litter ordinance (Section 3), the ordinance may establish different penalty structures and fine distribution — see Section 4 for examples.
3. Parish Ordinance
Framework
Separate from state law, parishes may adopt their own litter control ordinances under R.S. 30:2531.9 and R.S. 33:1236(54). This creates a local enforcement structure with its own violation categories, penalty schedules, and fine distribution.
Ordinance Adoption
When a parish council adopts a litter control ordinance that designates Justice of the Peace court as the trial venue, R.S. 13:2586(C)(2) activates concurrent JP jurisdiction over those ordinance violations. The LA DEQ Ordinance Template provides a framework parishes can adopt or adapt.
Prosecution & Citations
Constable Prosecution — R.S. 13:2587.1
The Constable may act as prosecutor for litter violations in JP court, providing an alternative to the District Attorney. This enables efficient local prosecution.
Citation Authority — R.S. 30:2531.6
Any law enforcement officer may issue a citation or summons for litter violations. The citation is deposited with the court having jurisdiction over the offense.
Penalty Limits
& Fine Distribution
Penalty Limits — R.S. 33:1243
General Rule (A)(1): Parish ordinance penalties limited to $500 fine and 30 days imprisonment.
Litter/Dumping Exception (B)(2): For litter/dumping ordinances, up to $5,000 fine and 6 months imprisonment.
JP/Constable Reimbursement — R.S. 13:2589
Local governing bodies receiving litter fines must reimburse JP courts and Constable offices for time spent and expenses incurred handling litter violations.
Expanded Parish Authority
for Property Standards & Nuisance
In addition to litter jurisdiction, R.S. 13:2586 grants specific parishes expanded Justice of the Peace jurisdiction over property standards and nuisance violations pursuant to local ordinance:
Concurrent jurisdiction over property standards violations within territorial jurisdiction, pursuant to local ordinance. Constables may issue summons and serve subpoenas parish-wide.
Concurrent jurisdiction over property standards or nuisance violations adopted pursuant to local ordinance. Constables may issue summons and serve subpoenas parish-wide. Exception: Ward 8 and Ward 9 violations are prosecuted in City Court of East St. Tammany or Ward 8 Justice of the Peace Court.
Concurrent jurisdiction over property standards and nuisance violations anywhere in the parish. Constables may issue summons and serve subpoenas throughout their territorial jurisdiction, subject to local ordinance adoption.
Concurrent jurisdiction over property standards and nuisance violations anywhere in the parish, pursuant to local ordinance. Constables may issue summons and serve subpoenas parish-wide.
Legislative Note
These parish-specific grants of authority demonstrate a legislative model that could be extended to other parishes through future legislation. Parishes seeking similar expanded JP jurisdiction over property standards and nuisance matters would need to pursue an amendment to R.S. 13:2586.
4. Implemented Examples
The following parishes have implemented litter enforcement ordinances. These are provided as examples of how parishes have structured their programs.
Ordinance:
Chapter 28 - Litter Prevention
Adopted:
March 1, 2001 (Ord. No. 01-0284)
| Section | Violation | Penalties |
|---|---|---|
| Sec. 28-33 | Intentional Littering | 1st: $250 + 8 hrs; 2nd: $500 + 16 hrs; 3rd: $1,250 + 80 hrs + DL suspension |
| Sec. 28-34 | Gross Littering | 1st: $500-$1,000 + 8 hrs; 2nd: $1,000-$2,500 + 24 hrs; 3rd: $1,500-$5,000 + 48-100 hrs |
| Sec. 28-35 | Commercial Littering | $200 + cleanup costs + investigative expenses |
| Sec. 28-36 | Simple Littering | 1st: $75 or 8 hrs community service; 2nd+: $500 or 16 hrs |
1st: $250 + 8 hrs; 2nd: $500 + 16 hrs; 3rd: $1,250 + 80 hrs + DL suspension
1st: $500-$1,000 + 8 hrs; 2nd: $1,000-$2,500 + 24 hrs; 3rd: $1,500-$5,000 + 48-100 hrs
$200 + cleanup costs + investigative expenses
1st: $75 or 8 hrs community service; 2nd+: $500 or 16 hrs
Ordinance:
Title 6, Chapter 4, Part III - Anti-Litter
Jurisdiction:
City of Baton Rouge and Parish of East Baton Rouge
| Offense | Fine Range | Community Service |
|---|---|---|
| First Offense | $100 - $500 | OR 16-40 hours, or both |
| Second Offense | $500 - $750 | OR 40-120 hours, or both |
| Third or Subsequent | $750 - $1,000 | AND 120-200 hours |
$100 - $500
OR 16-40 hours, or both
$500 - $750
OR 40-120 hours, or both
$750 - $1,000
AND 120-200 hours
Ordinance:
Chapter 11, Article II - Plaquemines Parish Litter Prevention Ordinance
Adopted:
May 22, 2003 (Ord. No. 03-78)
| Section | Violation | Penalties |
|---|---|---|
| Sec. 11-28 | Simple Littering (Civil) | 1st: $50-$500 OR 8 hrs; 2nd+: $100-$500 OR 8 hrs |
| Sec. 11-25 | Intentional Littering (Criminal) | 1st: $50-$500 + 4 hrs; 2nd: $300-$1,500 + 8 hrs; 3rd: $500-$3,000 + 24-75 hrs + DL suspension + up to 30 days |
| Sec. 11-26 | Gross Littering (Criminal) | 1st: $500-$1,000 + 8 hrs; 2nd: $1,000-$2,500 + 24 hrs; 3rd: $1,500-$5,000 + 48-100 hrs + DL suspension + up to 30 days |
| Sec. 11-27 | Commercial Littering (Civil) | $100 + cleanup costs + investigative expenses |
1st: $50-$500 OR 8 hrs; 2nd+: $100-$500 OR 8 hrs
1st: $50-$500 + 4 hrs; 2nd: $300-$1,500 + 8 hrs; 3rd: $500-$3,000 + 24-75 hrs + DL suspension + up to 30 days
1st: $500-$1,000 + 8 hrs; 2nd: $1,000-$2,500 + 24 hrs; 3rd: $1,500-$5,000 + 48-100 hrs + DL suspension + up to 30 days
$100 + cleanup costs + investigative expenses
5. Process Overview
The general process for establishing litter enforcement through a Justice of the Peace court:
Parish Ordinance Adoption
Parish Council adopts a litter control ordinance pursuant to R.S. 30:2531.9, which authorizes political subdivisions to adopt ordinances for litter control and reduction.
Penalty Structure Established
Ordinance sets penalty structure within limits of R.S. 33:1243. For litter/dumping ordinances, R.S. 33:1243(B)(2) authorizes up to $5,000 fine and 6 months imprisonment.
Court Jurisdiction Designated
Ordinance designates Justice of the Peace court as trial venue, activating concurrent jurisdiction under R.S. 13:2586(C)(2).
Enforcement Structure
Constable issues summons and serves subpoenas parish-wide per R.S. 13:2586(C)(2); prosecutes violations per R.S. 13:2587.1.
Fine Distribution
Fines collected under parish ordinance remain local per ordinance terms, with reimbursement to JP/Constable per R.S. 13:2589(B).
6. Community Service
Programs
Statutory Authorization — R.S. 30:2531.4
"Court-approved community service litter abatement work programs may be established in each parish under the administration of the sheriff or parish governing authority."
For simple littering under R.S. 30:2531(B), community service may be performed in lieu of a fine. For intentional and gross littering, community service is typically mandatory in addition to fines.
7. Resources
For Implementation Information: Parishes should consult with their Parish Council, District Attorney, and legal counsel regarding ordinance adoption.
Important Notice
This presentation provides educational information about Louisiana law regarding litter enforcement. It does not constitute legal advice, does not represent pledges or promises regarding any future judicial action, and is provided solely to inform the public about existing legal frameworks.