West Virginia Code
Article 3. Crimes Against Property
§61-3-53. Unauthorized Use of Dumpsters

(a) Any person who without authorization dumps garbage or trash, or assists in the unauthorized dumping of garbage or trash, in a dumpster or other solid waste container which is located on the property of another person and leased or otherwise owned or maintained by another person is guilty of a misdemeanor and, upon conviction thereof, shall be punished in accordance with subsection (b) of this section. The act of throwing isolated objects into a dumpster or other solid waste container in the prevention or elimination of litter is specifically excepted from any penalties under this section.
(b) Any person convicted of a misdemeanor under subsection (a) of this section shall be subject to the following penalties:
(1) Upon a first conviction under this section, the defendant shall be fined not less than $50 nor more than $250.
(2) Upon a second conviction under this section, the defendant shall be fined not less than $250 nor more than $500.
(3) Upon any subsequent conviction in excess of a second conviction under this section, the defendant shall be fined not less than $500 nor more than $1,000, or imprisoned in the county jail not less than thirty days nor more than sixty days, or both fined and imprisoned.
Notwithstanding the provisions of section four, article eleven-a of this chapter or section two-a, article three, chapter fifty of this code, the magistrate or court may order restitution not to exceed the value of unauthorized solid waste services received.

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