Boone County, IN Trash & Recycling: Illegal Dumping (2026)
Key Facts
- Prohibited act
- depositing litter on another's property
- First offense fine
- $50
- Second offense fine
- $100
- Third+ offense fine
- $250, within 12 months
- Enforcement
- Health Department, Area Plan Commission
- Ordinance
- 2004-16, passed Nov. 8, 2004
Summary
Unincorporated Boone County makes it unlawful to cast, place or deposit litter on someone else's property without the owner's or lessee's consent, under County Code § 90.04(A). The Health Department and Area Plan Commission enforce the litter chapter, and a violator faces escalating fines: $50 for a first offense, $100 for a second, and $250 for a third or later offense within 12 months.
It shall be unlawful for any person to cast, place or deposit any litter upon real property owned by another, without the consent of the owner or lessee of the real property. ... Any person found to violate § 90.04(A) of this chapter in any manner shall be subject to a fine in the following amounts: ... Fifty dollars for first violation; ... One hundred dollars for second violation; and ... Two hundred fifty dollars for third or greater violation within a 12-month time period.
Full Breakdown
Section 90.04(A) of the Litter Control chapter, adopted by Ordinance 2004-16 on November 8, 2004, states it is unlawful for any person to deposit litter upon property owned by another without the owner's or lessee's consent, and it is a sufficient allegation of a violation simply to state that the accused deposited litter on property they did not own or lease; showing the owner's or lessee's permission is an affirmative defense the accused must raise. LITTER is defined broadly in § 90.02 to include uncontainerized garbage, trash, refuse, debris, grass clippings, construction material, vehicle parts, furniture, oil and even a dead animal carcass, so the section reaches far more than household trash dumped on a neighbor's land.
Enforcement runs through the Boone County Health Department and the Area Plan Commission under § 90.03, and a cited person must appear before the county's Violations Clerk within seven days to admit or deny the charge; a denial goes to a Hearing Board that decides by a preponderance of the evidence at its next regular meeting. Fines collected flow into the county's continuing Litter Ordinance Enforcement Fund under § 90.05, which the County Auditor administers and which cannot lapse into the general fund, so the money stays earmarked for litter enforcement and cleanup.
Violations & Fines
A first violation of § 90.04(A) draws a $50 fine, a second draws $100, and a third or later violation within a 12-month period draws $250, under § 90.99(A)(1). The citing officer issues a citation giving the recipient seven days to admit the violation and pay, or deny it and request a Hearing Board hearing at the Board's next regular meeting.
Frequently Asked Questions
What counts as illegal dumping under Boone County's code?
How much is the fine for dumping on someone else's land?
Can I fight a littering citation?
Sources & Official References
Other rules in Boone County
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