New rules will make it easier to prosecute people who dump trash
People who dump computers and vehicles face being traced via the item’s serial number and prosecuted under new legislation.The Waste and Litter Control Amendment Act makes it easier to punish people for illegally dropping litter and dumping household items.In future, prosecutors may rely in court on circumstantial evidence such as written correspondence, serial numbers on computers and refrigerators and vehicle identification numbers on cars and bikes to bring the culprits to justice.In addition, evidence from recording devices such as surveillance cameras can also be used in court. A new offence of “recklessly littering” by discarding trash from a car, truck, bike or boat is also created by the new legislation.The maximum fines for general dumping and littering are increased from $1,000 to $2,000 for a first offence and 40 hours community service.Repeat offenders face a fine up to $5,000 and up to two years in jail.Those found guilty of dumping computers, refrigerators, cars and bikes can be fined up to $10,000 for a first offence or $25,000 for a subsequent offence.Those convicted of recklessly littering from cars, bikes, trucks or vessels can be hit by a $5,000 fine and up to three years in jail for a first offence and up to $25,000 for a second offence.Finally, truckers who drive with an uncovered load now face penalties of $2,100 for a first offence and $5,000 for a second offence, plus two to four points on their licence.Introducing the legislation, Parks and Conservation Minister Michael Weeks said littering and dumping is a growing problem in Bermuda.He expressed concern that it tarnishes the Island’s image as far as tourism is concerned, attracts pests, can be hazardous to health and is costly to clean up.Although offenders can be punished under existing legislation, hearings in Magistrates’ Court must adhere to strict rules of evidence.According to Mr Weeks, that means there are “very few” successful prosecutions. The new amendments allowing for circumstantial evidence are designed to help.The Minister praised organisations such as Keep Bermuda Beautiful for their efforts to stem the tide of litter.However, giving an idea of the scale of the problem, he said that heavy lifting equipment was recently utilised to clear 15 tons of litter from one site in the space of just one Saturday morning.Lending his support to the bill, Shadow Tourism and Business Development Minister Shawn Crockwell said he is “astounded” by the amount of trash he and his nine-year-old daughter collect on their regular litter-picking expeditions in his Fisherman’s Hill, Hamilton Parish, neighbourhood.He said that while people must be dissuaded from dropping litter, it is also the duty of members of the community to clean up their neighbourhoods.Government backbencher Dale Butler said public safety is the most important thing, as some waste can be poisonous. He stressed the importance of education in this regard.He added that the courts need to understand the seriousness of such offences as “we rarely hear” of the maximum fines available under the existing legislation being imposed.Mr Butler also noted that a new gate recently had to be fitted at the airport, due to the problem of illegal dumping.Michael Scott, a former Attorney General who is now Minister for Estates and Information Services, said the provisions allowing for circumstantial evidence such as CCTV and serial numbers to be used in prosecutions will be helpful.He pointed out that most littering and dumping offences are carried out in the dark or where there are no eyewitnesses around.Walter Lister, a backbench MP and chairman of the West End Development Corporation said Wedco has recently installed CCTV cameras to combat the problem of illegal dumping.He suggested that Government needs to go further, and hold businesses such as fast food restaurants responsible for the trash they generate such as used pizza boxes.“We need to find a way we can link this trash back to the owner because they do have a responsibility,” he said. “They make money from it but don’t have a responsibility.”Deputy Premier Derrick Burgess shared some statistics on the damage litter can do. He said marine animals can choke on plastic and foam that ends up in the ocean. Also, a plastic bottle can take 450 years to degrade, balloons and styrofoam cups can take 50 years and plastic bags can take ten to 20 years.He pointed out that other countries, stores have introduced charges for plastic bags that have worked to reduce the number used.Government backbencher Dennis Lister said members of the public need to be educated out of their bad habits when it comes to dropping litter.Deputy Speaker Randy Horton said residents should be “taking charge of their own neighbourhoods” and putting pressure on their neighbours if they are not disposing of trash appropriately.Shadow Education Minister Grant Gibbons suggested that Magistrates might not be willing to issue large fines to letterers and suggested that they could be sentenced to collect waste as punishment.Mr Weeks said that the legislation does allow Magistrates to sentence those convicted to community service, which he believed could include cleaning up garbage.