Report Title:

Litter

 

Description:

Stiffens penalties for littering.

 

THE SENATE

S.B. NO.

2567

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 
   

A BILL FOR AN ACT

 

RELATING TO LITTER.

 

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

SECTION 1. The legislature finds that the cycle of trash in Waimanalo is endless. People from different parts of the island dump cars, vans, trucks, refrigerators, sofas, automobiles into the area. The purpose of this Act is to create greater disincentives toward littering.

SECTION 2. Section 708-829, Hawaii Revised Statutes, is amended to read as follows:

"§708-829 Criminal littering. (1) A person commits the offense of criminal littering if that person knowingly places, throws, or drops litter on any public or private property or in any public or private waters, except:

(a) In a place which is designated by the department of health or the county for the disposal of garbage and refuse;

(b) Into a litter receptacle;

(c) Into a litter bag, provided that the bag is disposed of properly into a litter receptacle or in a place which is designated by the department of health or the county for the disposal of garbage and refuse.

(2) "Litter" means rubbish, refuse, waste material, garbage, trash, offal, or debris of whatever kind or description, and whether or not it is of value, and includes improperly discarded paper, metal, plastic, glass, or solid waste.

(3) Criminal littering is a petty misdemeanor[.]; provided that it shall be a class C felony if the item of litter weighs not less than fifty pounds.

(4) The court shall sentence any person convicted of committing the offense of criminal littering as follows:

(a) For the first offense, defendant shall spend four hours of either picking up litter on public property or performing community service.

(b) For any subsequent offense, defendant shall spend eight hours of either picking up litter on public property or performing community service.

(c) The court shall fine the person convicted of committing the offense of criminal littering at least $25, but not more than $500.

(5) It shall be an affirmative defense that the defendant had consent of the owner in control of the property.

(6) It shall not be necessary in establishing a violation of this section to produce testimony by a police officer. The court shall consider any relevant evidence, which may include photographic evidence or testimony of other witnesses."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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