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Throwing Cigarette Butts Out Car Windows

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  • Throwing Cigarette Butts Out Car Windows

    So, it's a big pet peeve of mine... I was thinking that there was a specific regulation for it that made it a Class 4 Misdemeanor to flick cigarette butts out of the window at any point in time. But the only code section I could find (listed below) mentions proximity to a field or other area with the propensity to burn, and made the offense a Class 2 Misdemeanor. Is this the only code section that addresses flicking cigarette butts out of windows?


    10.1-1143. Throwing inflammable objects from vehicle on highway while in or near certain lands.

    It shall be unlawful for any person to throw, toss or drop from a vehicle moving or standing on a highway any lighted smoking material, lighted match, lighted material of any nature, or any bomb or device liable to set fire to inflammable material on the ground while in or near any forestland, brushland or field containing inflammable vegetation or trash.

    Any person violating the provisions of this section shall be guilty of a Class 2 misdemeanor for each separate offense.
    "You can just go ahead and common sense your way out of this conundrum!"

  • #2
    its littering too....probably a section for it somewhere

    Comment


    • #3
      I write for this:

      § 33.1-346. Dumping trash, companion animals, etc., on highway, right-of-way or private property; penalty.

      A. It shall be unlawful for any person to dump or otherwise dispose of trash, garbage, refuse, litter, a companion animal for the purpose of disposal, or other unsightly matter, on public property, including a public highway, right-of-way, property adjacent to such highway or right-of-way, or on private property without the written consent of the owner thereof or his agent.

      B. When any person is arrested for a violation of this section, and the matter alleged to have been illegally dumped or disposed of has been ejected from a motor vehicle or transported to the disposal site in a motor vehicle, the arresting officer may comply with the provisions of § 46.2-936 in making such arrest.

      When a violation of the provisions of this section has been observed by any person, and the matter illegally dumped or disposed of has been ejected or removed from a motor vehicle, the owner or operator of such motor vehicle shall be presumed to be the person ejecting or disposing of such matter. However, such presumption shall be rebuttable by competent evidence.

      C. Any person convicted of a violation of this section shall be guilty of a misdemeanor punishable by confinement in jail for not more than 12 months and a fine of not less than $250 or more than $2,500, either or both.

      In lieu of the imposition of confinement in jail, the court may order the defendant to perform community service in litter abatement activities.

      D. The governing bodies of counties, cities and towns are hereby authorized to adopt ordinances not in conflict with the provisions of this section, and may repeal, amend or modify such ordinances.

      E. The provisions of this section shall not apply to the lawful disposal of such matter in landfills.

      (Code 1950, § 33-279.1; 1950, p. 453; 1970, c. 264; 1972, c. 65; 1976, c. 773; 1978, c. 226; 1981, c. 340; 1988, c. 805; 1995, c. 657; 2000, c. 20; 2003, cc. 113, 787.)

      Being a long time motorcycle rider, I have had to dodge a few butts. Fortunately, never caught one in the helmet. Our judges are pretty good about this, too.

      Comment


      • #4
        10.1-1143 and the 33.1-346 are the only two I've seen utilized in those instances on the state level. Some localities though have municipal codes that prohibit it directly, so you might want to check with your specific jurisdiction. If your looking for a class 4 or class 3, rather than a 2 or a 1, I don't know of anything.

        Never seen it used, but you could articulate if you needed to (Class 1):

        § 18.2-324. Throwing or depositing certain substances upon highway; removal of such substances.

        No person shall throw or deposit or cause to be deposited upon any highway any glass bottle, glass, nail, tack, wire, can, or any other substance likely to injure any person or animal, or damage any vehicle upon such highway, nor shall any person throw or deposit or cause to be deposited upon any highway any soil, sand, mud, gravel or other substances so as to create a hazard to the traveling public. Any person who drops, or permits to be dropped or thrown, upon any highway any destructive, hazardous or injurious material shall immediately remove the same or cause it to be removed. Any person removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped upon the highway from such vehicle. Any persons violating the provisions of this section shall be guilty of a Class 1 misdemeanor.

        Lighted cigarettes tend to burn when they hit people, or burn paint, etc.

        Comment


        • #5
          Was the biggest pet peeve of mine...right behind handicap zone.

          $1K was the fine.

          Ignorant smokers don't realize how many grass fires are started this way. If they are ashing out the window...you can bet they are getting ready to flick it......usually when the light turns green.
          This profession is not for people looking for positive reinforcement from the public. Very often it can be a thankless job and you can't desire accolades, because those are not usually forthcoming. Just do your job to the best of your ability and live with the decisions you've made.

          Comment


          • #6
            Butts are the most abundant and toxic litter in the world. Next time you are stopped on the interstate notice all of the butts on the edge and in the cracks of the road. NASTY HABIT.

            Comment


            • #7

              Just look at the grass (in the median strip) on the left-hand side at any intersection with a stoplight. You will undoubtedly see hundreds of cigarette butts left there by smokers as they awaited a green arrow to make a left turn.

              Truly a disgusting and inconsiderate habit if there ever was one! I suppose nobody is intelligent enough to use an ashtray anymore (and I know some cars no longer offer them).


              P.S. I have relatives on the West Coast and they claim that you can get locked up for tossing a lit cigarette (a burning object) from your car; probably because of the danger of forest fires. Lots of woods out there!

              The comments above reflect my personal opinion as a private citizen, ordinary motorist and all-around good guy.

              The aforementioned advice should not be construed to represent any type of professional opinion, legal counsel or other type of instruction with regard to traffic laws, judicial proceedings or official agency policy.

              ------------------------------------------------

              "Ignorance on fire is hotter than knowledge on ice."

              Comment


              • #8
                I've heard stories here in Fairfax about a certain judge who will actually put people in jail who are charged for littering......
                Reputation & Truth

                Comment


                • #9
                  I normally wait until the cigarette extinguishes before I throw it at motorcycles to my rear......
                  "We sleep safe in our beds because rough men stand ready in the night to visit violence on those who would do us harm" -George Orwell

                  "It's 106 miles to Chicago, we've got a full tank of gas, half a pack of cigarettes, it's dark, and we're wearing diapers." - Blues Brothers

                  Comment


                  • #10
                    Originally posted by manganos
                    Yes that is the worst to be following someone while on my motorcycle .....
                    +1. You anticipated what I was thinking as reading the OP. Being nailed with a hot ash is a real off-puter. i heard of some riders who caught it in their lap, grabbed it before it blew away, and threw it back into the window of the offending car as they passed.

                    that's why i smoke hand-rolled cigars (nothing but natural leaf) and make sure it's out before i toss the butt. no litter and no fire risk.

                    Comment

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