Chapter 48 - Miscellaneous Offenses

Chapter 48 - Miscellaneous Offenses

46.4801 Curfew and area restrictions on nonresidents.

(a) The Governor, by executive order, may restrict aliens to such areas and apply such curfew regulations as he determines to be necessary to protect and preserve the welfare and way of life of the Samoan people.

(b) Violation of an executive order of the Governor made under authority of this section is a class B misdemeanor.

46.4805 Pollution.

(a) A person commits the crime of pollution if he, with criminal negligence, pollutes in any manner any well, spring, creek, river, or other source of public water supply used for drinking purposes.

(b) Pollution is a class A misdemeanor.

46.4806 Littering.

(a) A person commits the offense of littering if he throws or places, or causes to be thrown or placed, any glass, glass bottles, wire, nails, tacks, cans, garbage, trash, refuse, or rubbish of any kind, nature, or description on the right-of-way of any public road or highway or on or in any of the waters in this Territory or on the banks of any stream, or on any land or water owned, operated, or leased by the Territory, any board, department, agency, or commission of it or on any land or water owned, operated, or leased by the federal government or on any communal or private real property owned by another without his consent.

(b) Littering is an infraction punishable under the following schedule of mandatory fines:

First offense $ 25.00 fine;

Second offense 50.00 fine;

Third and subsequent offenses . 100.00 fine.

(c) The Department of Public Safety in cooperation with the District Court, shall develop a pre-printed litter citation form. The citation form must contain spaces for the name, address, and other pertinent information about the offender, the schedule of fines, and notification that the offender may admit responsibility for the offense and pay the appropriate fine within 14 days without undergoing a court hearing.

(d) Notwithstanding any other provision of law, fines collected under this section must be transferred to the Treasurer of American Samoa to be deposited in the general fund.

(e) The driver of a car, truck, bus or any type of motor vehicle is responsible under this section for the throwing of any litter from the vehicle, whether the vehicle is moving or stationary at the time of the offense.

46.4807 Prohibited fishing.

(a) A person commits the crime of prohibited fishing if that person stuns, injures or kills any fish with any kind of stupefying or poisonous substance or any kind of explosive device, in the inland or coastal waters of the Territory.

(b) Prohibited fishing is a class A misdemeanor.

46.4808 Abandonment of airtight or semi airtight containers.

(a) A person commits the crime of abandonment of airtight icebox if he abandons, discards, or knowingly permits to remain on premises under his control, in a place accessible to children, any abandoned or discarded icebox, refrigerator, or other airtight or semi airtight container which has a capacity of 1 and ½ cubic feet or more and an opening of 50 square inches or more and which has a door or lid equipped with hinge, latch, or other fastening device capable of securing the door or lid which can not be opened from within, without rendering the equipment harmless to human life by removing those hinges, latches, or other hardware which may cause a person to be confined in it.

(b) Subsection (a) does not apply to an icebox, refrigerator or other airtight or semi-airtight container located in that part of a building occupied by a dealer, warehouseman, or repairman.

(c) The defendant has the burden of injecting the issue under subsection (b).

(d) Abandonment of an airtight or semi-airtight container is a class B misdemeanor, other substance intended to last on such exterior face for more than 24 hours.

46.4809 Tampering with monuments or markers.

Any person who willfully moves, removes or damages any concrete monument or other permanent marker established in accordance with this title shall be imprisoned not more than 4 months, or fined not more than $100, or both.

46.4810 Graffiti prohibited.

(a) A person commits the crime of graffiti if he marks the exterior face of any public property, including roads, buildings, and equipment, with any figures, drawings, or other writings, using paint lacquer, varnish, dye or other substance intended to last on such exterior face for more than 24 hours.

(b) Graffiti prohibited by subsection (a) is not an offense if committed under the supervision of public officials who authorize such figures, drawings or writing as part of a beautification project.

(c) Graffiti is punishable, at the discretion of the court, as follows;

(1) as a class B misdemeanor or

(2) by ordering the defendant to do a fixed number of hours of community service work cleaning public property defaced by graffiti.

46.4811 Deportation-Re-entry.

(a) An alien convicted of a felony in American Samoa who is deported, may not reenter the Territory.

(b) A person who violates this section commits the crime of illegal re-entry of a convicted felon.

(c) The crime of illegal re-entry of a convicted felon is a class B felony.