1. (1) Terms defined in Sections 76-1-101.5 and 76-9-1801 apply to this section.

2. (2) An actor commits unlawful failure to prevent advertising materials from becoming litter if the actor:

   1. (a) distributes commercial handbills, leaflets, or other advertising materials; and
   2. (b) fails to take measures that are reasonably necessary to keep the commercial handbills, leaflets, or other advertising materials from littering public or private property.

3. (3)

   1. (a) A violation of Subsection (2) is a class C misdemeanor and subject to a minimum fine of $100 for each violation.

   2. (b) The court may require the actor to participate in at least four hours of cleaning up:

      1. (i) litter caused by the actor's offense; and
      2. (ii) existing litter from a safe area designated by the court.
4. (4) A municipality within the municipality's corporate limits and a county outside of incorporated municipalities may enact local ordinances to carry out the provisions of this section.

Enacted by Chapter 173, 2025 General Session