(a)(1) No person shall divert to personal use any recyclable material valued at fifty dollars ($50.00) or more and placed in a container as a part of a recycling program without the consent of the generator or the collector of the recyclable material or the person owning or operating the container as a part of the recycling program.(2)(A) For a first offense under subdivision (a)(1) of this section, a person shall be issued a citation that is a warning citation and no court appearance is required and no penalty shall be imposed by the court.(B) A record of each warning citation issued shall be maintained and for any subsequent offense, the offender is subject to a penalty prescribed.(3) Any person who pleads guilty or nolo contendere to or is found guilty of violating subdivision (a)(1) of this section for a subsequent offense is guilty of a Class C misdemeanor.(b)(1) No person shall divert to commercial use any recyclable material placed in a container as a part of a recycling program without the consent of the generator or the collector of the recyclable material or the person owning or operating the container as a part of the recycling program.(2) Any person who pleads guilty am without the consent of the generator or the collector of the recyclable material or the person owning or operating the container as a part of the recycling program.(2) Any person who pleads guilty or nolo contendere to or is found guilty of violating a provision of subdivision (b)(1) of this section is guilty of a Class A misdemeanor.Acts 2001, No. 1720, § 1.
Arkansas Legal Code