Unlawful Deposit of Garbage, Litter, or Like

Addressing Littering Citations in Minneapolis-St. Paul: Understanding Minnesota’s Public Nuisance Laws

An accusation of unlawfully depositing garbage, litter, or similar materials in Minnesota, though classified as a petty misdemeanor under Minnesota Statute § 609.68, is an offense that reflects on community standards and environmental care. For individuals in the Twin Cities metropolitan area, including Minneapolis, St. Paul, Hennepin County, and Ramsey County, receiving a citation for such an act can be an unexpected nuisance. While not a serious crime, a conviction still results in a record of the offense and a potential fine. Understanding the specifics of this statute—what constitutes unlawful dumping, the types of materials covered, and the locations protected—is important for anyone cited.

Successfully navigating even a petty misdemeanor citation requires a clear understanding of the law and the available options. For residents in Dakota, Anoka, or Washington counties, simply paying the fine means admitting to the offense. However, there may be circumstances where the citation was issued in error, or where valid defenses exist. The statute aims to protect public highways, waters, public lands, and private property from unsightly and unsanitary dumping. A confident approach involves reviewing the facts of the alleged incident and ensuring that the citation is addressed appropriately to minimize any potential, albeit minor, long-term consequences.

Minnesota Statute § 609.68: The Law Governing Unlawful Deposit of Garbage and Litter

Minnesota Statute § 609.68 defines the offense of unlawfully depositing various forms of waste in prohibited locations. This law aims to maintain the cleanliness and safety of public and private property by penalizing those who engage in illegal dumping or littering. It is classified as a petty misdemeanor.

609.68 UNLAWFUL DEPOSIT OF GARBAGE, LITTER, OR LIKE.
	Whoever unlawfully deposits garbage, rubbish, cigarette filters, debris from fireworks, offal, or the body of a dead animal, or other litter in or upon any public highway, public waters or the ice thereon, shoreland areas adjacent to rivers or streams as defined by section 103F.205, public lands, or, without the consent of the owner, private lands or water or ice thereon, is guilty of a petty misdemeanor.

Key Elements of an Unlawful Deposit of Garbage or Litter Charge in Minnesota

When the state, whether through local law enforcement in Hennepin County or park rangers in a Ramsey County public area, issues a citation for Unlawful Deposit of Garbage, Litter, or Like under Minn. Stat. § 609.68, it must be prepared to prove several distinct elements of the offense. Even for a petty misdemeanor, the burden of proof rests with the prosecution. If any essential component of the alleged violation cannot be substantiated, the citation may be successfully challenged. For individuals in the Twin Cities facing such an allegation, understanding these elements is the first step in assessing the validity of the charge.

• Whoever Unlawfully Deposits: The statute begins with “Whoever,” indicating that any person can commit this offense. The core action is an “unlawful deposit.” This implies the act of placing, leaving, or discarding the prohibited materials was done without legal right or permission. For instance, using a designated public trash receptacle is lawful, but tossing a bag of household trash onto a Minneapolis roadside is not. The nature of the deposit – whether it was intentional, accidental, or negligent – can sometimes be a factor in how these cases are approached, though the statute itself doesn’t specify a high level of intent.
• Specified Materials (Garbage, Rubbish, Litter, etc.): The law lists specific types of materials: garbage (waste from food preparation or households), rubbish (general refuse, wastepaper, or debris), cigarette filters, debris from fireworks, offal (waste parts of a butchered animal), or the body of a dead animal. It also includes the broader term “other litter,” which encompasses any other kind of discarded waste material that can deface or pollute an area. The prosecution must prove the item deposited falls within these categories. A single cigarette butt flicked onto a St. Paul street qualifies.
• Prohibited Locations: The statute meticulously lists the locations where such deposits are unlawful. These include:
  • Public highway: Any state, county, or local road, street, or alleyway accessible to the public.
  • Public waters or the ice thereon: Lakes, rivers, streams, wetlands, and their frozen surfaces.
  • Shoreland areas adjacent to rivers or streams as defined by section 103F.205: This refers to specific zones near waterways that have environmental protection.
  • Public lands: Parks, forests, wildlife management areas, and other government-owned property.
  • Private lands or water or ice thereon, without the consent of the owner: This protects private property from unauthorized dumping. The lack of owner’s consent is a crucial element for deposits on private land. For example, dumping yard waste on a vacant lot in Anoka County without permission would violate this.
• Lack of Consent (for Private Lands): When the alleged unlawful deposit occurs on private lands or water or ice thereon, the prosecution must specifically prove that the deposit was made without the consent of the owner. If the property owner in a Dakota County neighborhood gave permission for someone to leave specific items (perhaps for later pickup or as part of a cleanup effort), then the deposit would not be unlawful under this part of the statute. This element is not required for deposits on public lands or highways.

Potential Penalties and Consequences for Unlawful Littering in Minnesota

A violation of Minnesota Statute § 609.68, Unlawful Deposit of Garbage, Litter, or Like, is classified as a petty misdemeanor. While this is the lowest level of offense in the Minnesota criminal justice system, it is not entirely without consequence. Individuals cited for this offense in Minneapolis, St. Paul, or other Twin Cities communities should understand the potential outcomes. A petty misdemeanor is not considered a “crime” under Minnesota law for purposes of things like voting rights or jury duty, but it does result in a record of the offense and typically involves a financial penalty.

Petty Misdemeanor Penalties

The primary penalty for a petty misdemeanor in Minnesota is a fine. The specific penalties are generally governed by Minn. Stat. § 609.033.

• Fine: Unless a different amount is specified in the particular statute creating the petty misdemeanor (which § 609.68 does not), a person convicted of a petty misdemeanor may be sentenced to pay a fine of not more than $300. The actual fine amount imposed by the court in Hennepin County or Ramsey County can vary based on local court schedules or the specifics of the littering incident (e.g., the volume or type of litter).
• No Jail Time: A significant distinction for petty misdemeanors is that a sentence of imprisonment cannot be imposed. This means an individual will not face jail time for a conviction under Minn. Stat. § 609.68.
• Record of Offense: While not a “criminal” record in the same sense as a misdemeanor or felony, a record of the petty misdemeanor conviction will exist. This can sometimes appear on certain types of background checks or driving records if the offense was related to littering from a vehicle. Addressing the citation appropriately is important to manage this.

How Unlawful Littering Citations Arise in Minnesota: Illustrative Scenarios

Citations for unlawful deposit of garbage or litter under Minnesota Statute § 609.68 can be issued in a variety of common situations across the Twin Cities metropolitan area. These incidents often stem from thoughtless actions, attempts to avoid disposal fees, or sometimes, genuine misunderstandings about what constitutes a prohibited deposit or location. Law enforcement officers, park rangers, and sometimes even sanitation or environmental health officers in Minneapolis, St. Paul, or surrounding counties like Hennepin and Ramsey, may issue these petty misdemeanor citations.

The essence of the offense is the unauthorized placement of waste materials in places where they don’t belong, thereby creating a nuisance, an eyesore, or an environmental concern. Whether it’s a small act like flicking a cigarette butt out of a car window or a more substantial deposit of household trash in a public park, the statute aims to deter such behavior. The following examples illustrate how individuals might find themselves facing a citation under this law.

Example: Tossing Fast Food Packaging from a Car in Minneapolis

While driving through a Minneapolis neighborhood, a person finishes their fast food meal and casually tosses the bag, wrappers, and cup out of the car window onto the street. A police officer observes this action. The driver could be issued a citation under Minn. Stat. § 609.68 for unlawfully depositing garbage or litter (the fast food packaging) upon a public highway (the street). This is a common scenario where littering from a vehicle leads to a petty misdemeanor charge.

Example: Leaving Debris at a St. Paul Park After a Picnic

A group has a picnic at a public park in St. Paul. When they leave, they fail to clean up their area properly, leaving behind plastic plates, cups, food scraps, and napkins near a picnic table, even though trash receptacles are available elsewhere in the park. A park ranger discovers the mess. The individuals responsible for leaving the litter could be cited under Minn. Stat. § 609.68 for depositing rubbish or litter upon public lands.

Example: Dumping Yard Waste on Vacant Private Property in Anoka County

A homeowner in Anoka County has a large amount of branches and leaves from yard cleanup. Instead of composting them or taking them to a designated yard waste site, they load them into a truck and dump them on a nearby vacant lot owned by someone else, without seeking permission. The property owner discovers the dumped yard waste and reports it. The individual who dumped the waste could be cited for unlawfully depositing rubbish or litter on private lands without the consent of the owner.

Example: Discarding Cigarette Butts Along a Dakota County Walking Trail

A person is smoking while walking along a public nature trail in Dakota County. As they finish each cigarette, they flick the filter onto the ground along the trail. Over the course of their walk, they discard several cigarette filters. If observed by a conservation officer or another park user who reports it with sufficient detail, the smoker could receive a citation under Minn. Stat. § 609.68 for unlawfully depositing cigarette filters on public lands or a public pathway. This highlights that even small, repeated acts of littering are citable.

Example: Leaving Broken Fireworks at a Hennepin County Lake Access

After a Fourth of July celebration, individuals leave behind spent fireworks casings, cardboard, and other debris from the fireworks at a public boat launch area on a lake in Hennepin County. This not only creates an eyesore but can also pollute the water. Those responsible for leaving the “debris from fireworks” could be cited under the statute for unlawful deposit in or upon public waters or public lands.

Building a Strong Defense Against Littering Citations in Minneapolis

While a citation for unlawful deposit of garbage or litter under Minnesota Statute § 609.68 is a petty misdemeanor, it is still a legal matter that can be challenged. For individuals in the Twin Cities area, including Dakota, Anoka, and Washington counties, simply paying the fine associated with the citation is an admission of guilt. There may be valid reasons to contest the ticket, such as a mistake in identification, a lack of evidence, or a misunderstanding of the circumstances. A confident defense approach involves carefully reviewing the details of the alleged offense and determining if the state can actually prove all the necessary elements.

Even for a petty misdemeanor, ensuring the citation is handled correctly can prevent minor inconveniences from escalating. For example, an unpaid fine can lead to further penalties or issues with vehicle registration if the littering was from a car. If there’s a legitimate defense, presenting it effectively in court, whether in Hennepin County, Ramsey County, or elsewhere, can lead to a dismissal of the citation. This preserves a clean record regarding such offenses, which, while minor, is always preferable.

Mistaken Identity or Lack of Proof of Deposit

One of the most straightforward defenses is that the cited individual was not the person who actually deposited the litter, or that there is insufficient proof they did so.

• Misidentification by Witness or Officer: If the citation was based on a brief observation, especially in a busy Minneapolis area or from a distance, the witness or officer might have misidentified the person responsible. Argument: The defense would challenge the reliability of the identification, pointing to factors like poor lighting, distance, or a crowded environment.
• No Direct Observation of Deposit: If no one directly saw the defendant deposit the litter, and the evidence is purely circumstantial (e.g., litter found near their property in St. Paul but with public access), it can be argued the state cannot prove beyond a reasonable doubt that the defendant was the one who did it.
• Litter Attributable to Others: If multiple people were present, or if the area is prone to littering by various individuals (e.g., a common area in an apartment complex), it may be impossible to pinpoint the defendant as the sole responsible party.

The Material Was Not “Garbage, Litter, or Like” as Defined

The statute lists specific types of materials. If the item deposited does not reasonably fall under these categories, the statute may not apply.

• Natural, Biodegradable Items: While “yard waste” can be litter if dumped inappropriately, depositing a small amount of purely natural, rapidly biodegradable material (like a fallen apple core in a wooded public park in Anoka County) might be argued as de minimis or not fitting the spirit of “garbage” or “rubbish” intended to be covered. This is a nuanced argument.
• Item Not “Waste”: If the item deposited had some utility or was not truly “waste” (e.g., leaving a usable item on a curb with a “free” sign, though this can still violate local ordinances), it might be argued it doesn’t fit the littering statute’s intent, depending on the specifics.

Deposit Was Not in a Prohibited Location or Was Authorized

The location of the deposit is a key element. If the deposit was not in one of the statutorily prohibited areas, or if it was authorized, the charge is invalid.

• Deposit on Own Property (Not Publicly Accessible/Viewable Nuisance): While the statute covers private land without owner’s consent, if someone deposits their own garbage on a remote part of their own large private property in Dakota County in a way that doesn’t affect others or public view, it might not be “unlawful” under this specific statute (though other health or zoning codes could apply).
• Consent from Private Property Owner: If the deposit was on private land, and the owner gave explicit or implied consent for the deposit (e.g., a farmer allowing compostable materials on their field), this is a complete defense. Evidence: Testimony from the property owner or written permission would be crucial.
• Designated Disposal Area: If the items were placed in a designated public trash or recycling receptacle, or an area clearly marked for specific types of waste disposal (e.g., a community cleanup day collection point in Washington County), the deposit was lawful.

Accidental or Unintentional Deposit (Lack of “Unlawful” Act)

While § 609.68 doesn’t explicitly require a high level of criminal intent, the term “unlawfully deposits” suggests an act that is more than a purely unavoidable accident, especially if immediate cleanup efforts were made.

• Item Accidentally Fell from Vehicle/Person: If an item accidentally fell from a vehicle (e.g., an unsecured item blew out of a truck bed in Hennepin County) or was accidentally dropped, and the person was unaware or, if aware, took reasonable steps to retrieve it, it might be argued the deposit was not “unlawful” in the sense of a culpable act of littering. Argument: This defense is stronger if the person made immediate efforts to rectify the accidental deposit.
• Force Majeure (Act of God): If extreme weather (e.g., a severe windstorm scattering trash from secured bins) caused the deposit, the element of a voluntary “deposit” by the defendant could be challenged.

Answering Your Questions About Minnesota’s Unlawful Littering Law

Receiving a citation for unlawful deposit of garbage or litter under Minn. Stat. § 609.68 can be frustrating. Here are answers to some frequently asked questions for residents in Minneapolis, St. Paul, and the surrounding Twin Cities area.

What kind of offense is unlawful littering in Minnesota?

Unlawful deposit of garbage, litter, or like under Minn. Stat. § 609.68 is a petty misdemeanor. This is the lowest level of offense in Minnesota.

What are the typical penalties for a petty misdemeanor littering ticket in Hennepin County?

The main penalty is a fine, which cannot exceed $300 for a petty misdemeanor unless the statute specifies otherwise (which § 609.68 does not). There is no jail time for a petty misdemeanor. You will also have a record of the offense.

Does a littering ticket go on my driving record in Ramsey County?

If the littering offense occurred from a motor vehicle, the conviction for the petty misdemeanor may be recorded on your Minnesota driving record. This could potentially be seen by insurance companies, though the impact is usually minimal for a single minor offense.

What counts as “litter” under this Minnesota law?

The statute is broad and includes “garbage, rubbish, cigarette filters, debris from fireworks, offal, or the body of a dead animal, or other litter.” This essentially covers any kind of discarded waste material, big or small. Even a single cigarette butt can qualify.

Can I be cited for leaving my trash cans out too early on my Minneapolis street?

Minn. Stat. § 609.68 primarily deals with depositing litter in or upon public or private property where it doesn’t belong. Leaving your own trash cans out for collection according to city rules, even if a bit early, would typically be handled by local Minneapolis city ordinances regarding sanitation, not this state littering statute, unless you were dumping the contents unlawfully.

What if I threw an apple core into the woods in a St. Paul park? Is that littering?

Technically, an apple core is organic waste and could be considered “garbage” or “litter.” While enforcement might be less likely for a single, small biodegradable item in a remote wooded area, it could still fall under the letter of the law if a park ranger in St. Paul chose to cite it. Context and officer discretion often play a role.

Is it illegal to dump yard waste (leaves, branches) in a public ditch in Anoka County?

Yes, dumping yard waste like leaves and branches in a public highway ditch or on other public lands in Anoka County without authorization would be considered unlawful deposit of rubbish or litter under Minn. Stat. § 609.68.

What if the land I dumped on in Dakota County looked abandoned?

Even if private land appears vacant or unkempt, you still need the owner’s consent to deposit any materials there. Dumping on private land without permission is a violation, regardless of the land’s appearance.

Can I get a ticket if my passenger litters from my car in Washington County?

Typically, the person who performs the act of littering is the one cited. However, if it’s difficult to determine who threw the litter from a moving vehicle, officers might sometimes cite the driver as the person in control of the vehicle, though this can be more challenging for the state to prove against the driver if they weren’t the one who physically littered.

What if the wind blew trash out of my unsecured truck bed in Hennepin County?

This could still be considered an unlawful deposit if you failed to properly secure your load, leading to litter escaping onto a public highway. While perhaps unintentional, the act of transporting an unsecured load that results in littering could lead to a citation. Taking immediate action to clean it up if safely possible might mitigate the situation.

Do I have to go to court for a petty misdemeanor littering ticket in the Twin Cities?

Often, petty misdemeanor citations offer a “payable” option, meaning you can pay the fine without appearing in court, which constitutes an admission of guilt. However, if you wish to contest the ticket, you will need to appear in court or have an attorney appear for you.

Can a business be cited for litter around its dumpster in Minneapolis?

If a business’s dumpster is overflowing and causing litter to spread onto public property or adjacent private property without consent, the business (as the owner or controller of the waste) could potentially be cited under this statute or, more likely, under local Minneapolis health and sanitation ordinances.

What is “offal” as mentioned in the statute?

“Offal” refers to the entrails and internal organs of a butchered animal, essentially the waste parts from animal processing. Unlawfully depositing such material is specifically prohibited.

Does this law apply to snow being pushed onto a public road from my St. Paul driveway?

While pushing snow from a private driveway onto a public road can create a hazard and may be prohibited by local St. Paul ordinances or other state statutes related to highway obstruction, it’s not typically prosecuted under § 609.68 as “garbage, litter, or like.” That statute is focused on waste materials.

If I pick up litter that someone else dropped, can I be thanked instead of cited?

Absolutely! Community members who take the initiative to clean up public spaces in the Twin Cities are generally appreciated. This statute targets those who unlawfully deposit litter, not those who responsibly remove it.

Long-Term Impact of an Unlawful Littering (Petty Misdemeanor) Conviction

While a conviction for unlawful deposit of garbage or litter under Minnesota Statute § 609.68 is only a petty misdemeanor, it’s important for residents of Minneapolis, St. Paul, and the broader Twin Cities area not to dismiss it as entirely inconsequential. Although a petty misdemeanor is not legally defined as a “crime” in Minnesota for many purposes, it does result in an official record of the offense and typically involves a fine. Understanding the potential, albeit usually minor, long-term effects is part of making an informed decision about how to handle such a citation.

Record of the Offense

A conviction for a petty misdemeanor will appear on certain types of background checks or official records. While it’s unlikely to have the severe impact of a misdemeanor or felony, it is still a notation of a legal infraction. For example:

• Driving Record: If the littering offense was committed from a motor vehicle in Hennepin County or elsewhere, the petty misdemeanor conviction may be noted on the individual’s Minnesota driving record. This could be visible to insurance companies, though a single minor infraction like this rarely causes significant premium increases.
• Court Records: The citation and conviction will be part of public court records in Ramsey County or the jurisdiction where it occurred. While not a “criminal record” for purposes like voting or jury duty, it is still a public record of a legal violation.

Financial Consequences (Fines and Fees)

The most direct consequence is the fine, which can be up to $300 for a petty misdemeanor. Failure to pay this fine can lead to further complications:

• Late Fees and Collections: Unpaid fines can accrue late fees, and the matter may eventually be sent to a collection agency, which can negatively affect credit scores for individuals in Dakota County.
• Vehicle Registration Holds: In some cases, particularly if the fine is associated with a vehicle-related offense and goes unpaid, the Department of Public Safety could potentially place a hold on vehicle registration renewal until the matter is resolved.

Potential (Though Rare) Impact on Specific Opportunities

While highly unlikely to be a major barrier, in extremely sensitive employment or volunteer screenings in Anoka County or other areas, any record of a legal infraction might require explanation.

• Highly Scrutinized Roles: For positions that demand an impeccable record or involve significant public trust, even a petty misdemeanor might be a point of discussion, though it’s rarely a disqualifier on its own. The nature of the offense (littering) is generally seen as minor.

Cumulative Effect if Other Offenses Occur

While a single petty misdemeanor for littering is minor, a pattern of repeated offenses, even petty ones, could potentially be viewed more seriously by courts or other authorities if future legal issues arise. Maintaining as clean a record as possible is always advisable for residents of Washington County and the wider Twin Cities region. It demonstrates responsibility and respect for community standards.

Importance of Legal Counsel for an Unlawful Littering Citation in Minnesota

Receiving a citation for unlawfully depositing garbage or litter under Minnesota Statute § 609.68, even as a petty misdemeanor, can be an annoyance and may leave individuals in Minneapolis, St. Paul, or the surrounding Twin Cities communities wondering if legal assistance is necessary. While it’s true that a petty misdemeanor is the lowest level of offense, consulting with an attorney can still provide significant benefits, particularly if there are grounds to contest the citation or concerns about one’s record. An attorney can help navigate the court process efficiently and work towards the best possible outcome.

Clarifying the Law and Your Rights in Hennepin County Matters

The language of statutes can sometimes be confusing. An attorney can clearly explain what Minn. Stat. § 609.68 specifically prohibits, what the prosecution needs to prove, and what your rights are when facing a citation in Hennepin County. They can assess whether the facts alleged by the citing officer actually meet all the legal elements of the offense. For instance, was the item truly “litter” as defined, or was the location genuinely “public” or “private without consent”? This initial assessment is crucial.

Evaluating the Strength of Evidence and Potential Defenses in Ramsey County Cases

Even for a seemingly straightforward littering ticket issued in Ramsey County, there may be defenses. Was the identification of the person who littered accurate? Is there clear proof linking the accused to the specific act of depositing the litter? Were there circumstances that might excuse the deposit or show it wasn’t “unlawful”? An attorney can review the citation, any accompanying reports, and discuss the incident with the accused to identify potential weaknesses in the state’s case or viable affirmative defenses, such as having the property owner’s consent.

Negotiating with Prosecutors for Dismissal or Reduced Consequences in the Twin Cities

In many petty misdemeanor cases across the Twin Cities, including Dakota or Anoka counties, an attorney may be able to negotiate with the prosecutor for a more favorable outcome than simply paying the fine and accepting the conviction. This could involve seeking a dismissal if the evidence is weak, or an agreement for a continuance without a plea that results in dismissal after a period of no further offenses. Such resolutions avoid a conviction appearing on one’s record, which is always beneficial. Attorneys are familiar with local prosecutorial practices and how to best present a case for such leniency.

Saving Time and Minimizing Inconvenience for Washington County Residents

Dealing with any court matter, even a petty misdemeanor citation in Washington County, can be time-consuming and stressful. It might involve taking time off work to appear in court. In many instances, an attorney can appear in court on behalf of the client for petty misdemeanor matters, saving the client the trip and the hassle. They can handle the procedural aspects efficiently, ensuring that all deadlines are met and that the case is resolved as smoothly and favorably as possible, allowing the individual to move on without the lingering concern of an unresolved legal issue.