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Portsmouth, VA Trash & Recycling: Illegal Dumping (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Offense class
Class 1 misdemeanor (Sec. 16-5)
Fine range
$250.00 to $2,500.00
Jail exposure
Up to 12 months
Alternative sentence
Community service in litter abatement
Enforcement
Police officers and fire marshals

Summary

Dumping trash, refuse or debris on public property or on private property without the owner's written consent is a Class 1 misdemeanor in Portsmouth, punishable by a fine of $250 to $2,500 and up to 12 months in jail, or community service in lieu of confinement.

Sec. 16-5. - Dumping trash, refuse, garbage, debris or other unsightly matter prohibited. (a)Any person shall be guilty of a Class 1 misdemeanor who shall dump or otherwise dispose of trash, garbage, refuse, debris or other unsightly matter on any public property, including a public highway or right-of-way and property adjacent to such highway or right-of-way, or on private property in the city without the written consent of the owner thereof or his agent. A violation of this section shall be punishable by a fine of not less than $250.00 or more than $2,500.00 and confinement in jail for not more than 12 months, either or both.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 65).

Full Breakdown

City Code Sec. 16-5(a) makes it a Class 1 misdemeanor to dump or otherwise dispose of trash, garbage, refuse, debris or other unsightly matter on any public property, including a public highway or right-of-way and adjacent property, or on private property without the written consent of the owner or agent. 00 and confinement in jail for not more than 12 months, either or both; the court may instead order community service in litter abatement activities, and under subsection (d) may suspend a sentence on condition the defendant volunteer to remove trash, garbage, refuse or debris from public or private property as the court designates.

Sec. 2-936 when the dumped matter was ejected from a motor vehicle, and subsection (c) creates a rebuttable presumption that the vehicle's owner or operator is the person responsible when dumping is observed from a moving vehicle. Sec. 16-5(e) designates police officers and fire marshals to enforce both Sec. 16-3 and Sec. 16-5. Separately, Sec. 16-3 makes it unlawful to dump refuse anywhere in the city except a licensed private landfill or the Southeastern Public Service Authority's designated disposal site, and unlawful to bring refuse generated outside the city in for disposal anywhere but that SPSA site; a violation of Sec. 16-3 outside the Sec. 16-5 penalty structure is treated as a class 3 misdemeanor under the general Sec. 16-2(a) chapter penalty.

Violations & Fines

A Sec. 16-5 dumping conviction is a Class 1 misdemeanor: fine of $250.00-$2,500.00 and up to 12 months in jail, either or both, with community service available in lieu of jail. Vehicle owners are presumed responsible when material is ejected from a moving vehicle. Sec. 16-3 unlawful-disposal violations not covered by Sec. 16-5 default to the chapter's class 3 misdemeanor penalty under Sec. 16-2.

Frequently Asked Questions

What is the penalty for illegal dumping in Portsmouth, Virginia?
Under Sec. 16-5, illegal dumping on public property or on private property without written owner consent is a Class 1 misdemeanor carrying a fine of $250.00 to $2,500.00 and up to 12 months in jail, either or both.
Can I be presumed responsible for dumping thrown from my car in Portsmouth?
Yes. Sec. 16-5(c) creates a rebuttable presumption that the owner or operator of a vehicle is the person who dumped material ejected or removed from that vehicle, unless rebutted by competent evidence.
Where can Portsmouth residents legally dispose of refuse?
Sec. 16-3 limits lawful disposal to a licensed private landfill or the site designated and operated by the Southeastern Public Service Authority of Virginia; dumping refuse anywhere else in the city is unlawful.

Sources & Official References

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