REPORT TITLE:
Littering


DESCRIPTION:
Increases the penalties for littering.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.68         
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO LITTERING.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 291C-132, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "291C-132  Littering from vehicles.(a)  No person shall
 
 4 throw, place, or drop litter from a vehicle on any highway.  The
 
 5 driver of the vehicle may be cited for any litter thrown, placed,
 
 6 or dropped from the vehicle.
 
 7      (b)  "Litter" means rubbish, refuse, waste material,
 
 8 garbage, trash, offal, or debris of whatever kind or description,
 
 9 whether or not it is of value, and includes improperly discarded
 
10 paper, metal, plastic, glass, or solid waste.
 
11      (c)  The court shall sentence any person convicted of the
 
12 offense of littering from vehicles as follows:
 
13      (1)  For the first offense, defendant shall spend [four]
 
14           eight hours of either picking up litter on public
 
15           property or performing community service[.]; and
 
16      (2)  For any subsequent offense, defendant shall spend
 
17           [eight] sixteen hours of either picking up litter on
 
18           public property or performing community service.
 

 
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 1      (d)  The court shall fine the person convicted of committing
 
 2 the offense of littering at least [$25,] $50, but not more than
 
 3 $500.
 
 4      (e)  If the court judges the violator to be incapable of
 
 5 litter removal and pick up, the court may provide some other
 
 6 community work as it deems appropriate.  All persons who are
 
 7 caught littering shall be required to remove the litter that they
 
 8 caused or shall be liable for the costs of removing that litter."
 
 9      SECTION 2.  Section 339-8, Hawaii Revised Statutes, is
 
10 amended to read as follows:
 
11      "339-8 Penalties.  Except as otherwise provided by this
 
12 chapter, any person violating any provision of this chapter or
 
13 any rule adopted hereunder shall be guilty of a violation, and
 
14 shall be fined not less than [$25,] $50, and not more than $500
 
15 for each offense, and ordered to pick up and remove litter from a
 
16 public place under the supervision of the director as follows:
 
17      (1)  For the first offense, defendant shall spend [four]
 
18           eight hours of either picking up litter or performing
 
19           community service[.]; and
 
20      (2)  For any subsequent offense, defendant shall spend
 
21           [eight] sixteen hours of either picking up litter or
 
22           performing community service.
 

 
 
 
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 1      If the court judges the violator to be incapable of litter
 
 2 removal and pick up, the court may provide some other community
 
 3 work as it deems appropriate.  All persons who are caught
 
 4 littering shall be required to remove the litter that they caused
 
 5 or shall be liable for the costs of removing that litter."
 
 6      SECTION 3.  Section 708-829, Hawaii Revised Statutes, is
 
 7 amended to read as follows:
 
 8      "708-829  Criminal littering.(1)  A person commits the
 
 9 offense of criminal littering if that person knowingly places,
 
10 throws, or drops litter on any public or private property or in
 
11 any public or private waters, except: 
 
12      (a)  In a place which is designated by the department of
 
13           health or the county for the disposal of garbage and
 
14           refuse; 
 
15      (b)  Into a litter receptacle; and 
 
16      (c)  Into a litter bag[,]; provided that the bag is disposed
 
17           of properly into a litter receptacle or in a place
 
18           which is designated by the department of health or the
 
19           county for the disposal of garbage and refuse. 
 
20      (2)  "Litter" means rubbish, refuse, waste material,
 
21 garbage, trash, offal, or debris of whatever kind or description,
 
22 and whether or not it is of value, and includes improperly
 
23 discarded paper, metal, plastic, glass, or solid waste. 
 

 
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 1      (3)  Criminal littering is a petty misdemeanor. 
 
 2      (4)  The court shall sentence any person convicted of
 
 3 committing the offense of criminal littering as follows: 
 
 4      (a)  For the first offense, defendant shall spend [four]
 
 5           eight hours of either picking up litter on public
 
 6           property or performing community service[.];
 
 7      (b)  For any subsequent offense, defendant shall spend
 
 8           [eight] sixteen hours of either picking up litter on
 
 9           public property or performing community service[.]; and 
 
10      (c)  The court shall fine the person convicted of committing
 
11           the offense of criminal littering at least [$25,] $50,
 
12           but not more than $500.
 
13      (5)  [It shall be an affirmative defense that the defendant
 
14 had consent of the owner in control of the property.]  If the
 
15 court judges the violator to be incapable of litter removal and
 
16 pick up, the court may provide some other community work as it
 
17 deems appropriate.  All persons who are caught littering shall be
 
18 required to remove the litter that they caused or shall be liable
 
19 for the costs of removing that litter.
 
20      (6)  It shall be an affirmative defense that the defendant
 
21 had consent of the owner in control of the property."
 
22      SECTION 4.  Statutory material to be repealed is bracketed.
 
23 New statutory material is underscored.
 

 
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 1      SECTION 5.  This Act shall take effect upon its approval.
 
 2 
 
 3                           INTRODUCED BY:  _______________________