(1) Terms defined in Sections 76-1-101.5 and 76-9-1801 apply to this section.
(2) An actor commits unlawful failure to prevent advertising materials from becoming litter if the actor:
(a) distributes commercial handbills, leaflets, or other advertising materials; and
(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)
(a) A violation of Subsection (2) is a class C misdemeanor and subject to a minimum fine of $100 for each violation.
(b) The court may require the actor to participate in at least four hours of cleaning up:
(i) litter caused by the actor's offense; and
(ii) existing litter from a safe area designated by the court.
(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.