A waste receptacle

The sign on the beach reads “$25 fine for littering.” A beach user nonetheless tosses his used soda bottles on the sand rather than walk to the distant trash barrel. He knows that the beach patrol has seen him and will issue a citation, but he is very wealthy, and so places a very low marginal value on money and a very high marginal value on time. Would you call him a litterer if he were willing to pay the fine? Or has he purchased the right to use the sand as a waste receptacle? What if he littered on your private property? How does that change the situation?