Opinion No.

The Honorable David S. Clinger Prosecuting Attorney Benton County Courthouse 100 Northeast A Street Bentonville, AR 72712

Dear Mr. Clinger:

This is in response to your request for an opinion on the constitutionality of a Benton County proposed ordinance. The ordinance prohibits littering and is closely patterned after the state "Litter Control Act," codified at A.C.A. 8-6-401, et seq. Specifically, you are concerned that the ordinance may violate the due process clause in that key terms are left undefined. You feel this may render the ordinance unconstitutionally vague. Additionally, you…