HOUSE OF REPRESENTATIVES

H.B. NO.

127

THIRTIETH LEGISLATURE, 2019

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO LITTER CONTROL.

 

 

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

 


SECTION 1. Section 339-1, Hawaii Revised Statutes, is amended as follows:

1. By amending the definition of "litter" to read as follows:

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

2. By amending the definition of "littering" to read as follows:

""Littering" means placing, throwing, or dropping litter, or allowing an animal under one's care or control to drop fecal matter, on public or private property or in any public or private waters, except:

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

(2) Into a litter receptacle; [or]

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

(4) If an animal drops fecal matter and the person having care or control over the animal immediately places the fecal matter into a litter bag; provided that the litter bag is disposed of as provided in paragraph (3)."

SECTION 2. Section 339-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) No person shall discard or otherwise dispose of litter in a public place, or on private property, or in the waters of the State except:

(1) In a place [which] that is designated by the department or the county for the disposal of garbage and refuse[.];

(2) Into a litter receptacle[.];

(3) 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 or the county for the disposal of garbage and refuse[.]; or

(4) If an animal drops fecal matter and the person having care or control over the animal immediately places the fecal matter into a litter bag; provided that the litter bag is disposed of as provided in paragraph (3).

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

SECTION 3. Section 339-8, Hawaii Revised Statutes, is amended to read as follows:

"339‑8 Penalties. (a) Except as otherwise provided by subsection (c) or any other provision of this chapter, any person violating any provision of this chapter or any rule adopted under this chapter shall be guilty of a violation, and shall be fined not less than $100, and not more than $500 for each offense, and ordered to pick up and remove litter from a public place under the supervision of the director as follows:

(1) For the first offense, the violator shall spend four hours of either picking up litter or performing community service; and

(2) For any subsequent offense, the violator shall spend eight hours of either picking up litter or performing community service.

(b) If the environmental court judges [the] a violator subject to subsection (a) to be incapable of litter removal and pick up, the environmental court may provide some other community work [as] that it deems appropriate. [All persons who are caught littering] Any violator subject to subsection (a) shall be required to remove the litter that [they] the violator caused or shall be liable for the costs of removing that litter.

(c) A person who litters by allowing an animal under the person's care or control to drop fecal matter on public or private property shall be subject to a civil penalty of $500 for each separate occurrence."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2019.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Litter Control; Animals; Pets; Fecal Matter

 

Description:

Classifies allowing an animal under a person's care or control to drop fecal matter on public or private property as littering. Subjects any violator to a civil penalty of $500 for each occurrence.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.