HF 289

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the environment; preventing littering 
  1.3             within the state outdoor recreation system; imposing 
  1.4             penalties; amending Minnesota Statutes 2002, sections 
  1.5             85.20, subdivision 6; 169.42, subdivision 1; 169.421, 
  1.6             subdivision 3; 609.68. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 85.20, 
  1.9   subdivision 6, is amended to read: 
  1.10     Subd. 6.  [LITTERING; PENALTY.] (a) No person shall drain, 
  1.11  throw, or deposit upon the lands and waters within a state 
  1.12  park any unit of the outdoor recreation system as defined in 
  1.13  section 86A.04 any substance, including cigarette filters and 
  1.14  debris from fireworks, that would mar the appearance, create a 
  1.15  stench, destroy the cleanliness or safety of the land, or would 
  1.16  be likely to injure any animal, vehicle, or person traveling 
  1.17  upon those lands and waters.  The operator of a vehicle or 
  1.18  watercraft, except a school bus or a vehicle transporting 
  1.19  passengers for hire and regulated by the interstate commerce 
  1.20  commission, shall not permit articles to be thrown or discarded 
  1.21  from the vehicle upon any lands or waters within a state park.  
  1.22     (b) Violation of this subdivision is a misdemeanor.  Any 
  1.23  person sentenced under this subdivision shall in lieu of the 
  1.24  sentence imposed be permitted, under terms established by the 
  1.25  court, to work under the direction of the department of natural 
  1.26  resources at clearing rubbish, trash, and debris from any state 
  2.1   park unit of the outdoor recreation system.  The court may for 
  2.2   any violation of this subdivision order the offender to perform 
  2.3   such work under terms established by the court with the option 
  2.4   of a jail sentence being imposed.  
  2.5      (c) In lieu of enforcement under paragraph (b), this 
  2.6   subdivision may be enforced by imposition of a civil penalty and 
  2.7   an action for damages for littering under section 115A.99. 
  2.8      Sec. 2.  Minnesota Statutes 2002, section 169.42, 
  2.9   subdivision 1, is amended to read: 
  2.10     Subdivision 1.  [DANGEROUS OBJECT ON HIGHWAY.] No person 
  2.11  shall throw, deposit, place or dump, or cause to be thrown, 
  2.12  deposited, placed or dumped upon any street or highway or upon 
  2.13  any public or privately owned land adjacent thereto without the 
  2.14  owner's consent any snow, ice, glass bottle, glass, nails, 
  2.15  tacks, wire, cans, garbage, swill, papers, ashes, cigarette 
  2.16  filters, debris from fireworks, refuse, carcass of any dead 
  2.17  animal, offal, trash or rubbish or any other form of offensive 
  2.18  matter or any other substance likely to injure any person, 
  2.19  animal or vehicle upon any such street or highway. 
  2.20     Sec. 3.  Minnesota Statutes 2002, section 169.421, 
  2.21  subdivision 3, is amended to read: 
  2.22     Subd. 3.  [CIVIL LIABILITY IMPOSED.] If any solid waste, 
  2.23  including litter, glass, nails, tacks, wire, cans, bottles, 
  2.24  garbage, papers, refuse, trash, cigarette filters, debris from 
  2.25  fireworks, or any form of offensive matter is thrown, deposited, 
  2.26  placed, or dumped from a vehicle upon any street or highway, 
  2.27  public land, or upon private land without the consent of the 
  2.28  owner of the land, a violation of this subdivision occurs and 
  2.29  civil liability is imposed upon the owner of the vehicle.  The 
  2.30  driver and passengers riding in a vehicle are constituted as the 
  2.31  agents of the owner of the vehicle for purposes of this 
  2.32  subdivision.  It is a defense to any action brought pursuant to 
  2.33  this section that the vehicle was stolen.  This section is not 
  2.34  applicable to the owner of a vehicle transporting persons for 
  2.35  hire or transporting school children.  
  2.36     Sec. 4.  Minnesota Statutes 2002, section 609.68, is 
  3.1   amended to read: 
  3.2      609.68 [UNLAWFUL DEPOSIT OF GARBAGE, LITTER, OR LIKE.] 
  3.3      Whoever unlawfully deposits garbage, rubbish, cigarette 
  3.4   filters, debris from fireworks, offal, or the body of a dead 
  3.5   animal, or other litter in or upon any public highway, public 
  3.6   waters or the ice thereon, shoreland areas adjacent to rivers or 
  3.7   streams as defined by section 103F.205, public lands, or, 
  3.8   without the consent of the owner, private lands or water or ice 
  3.9   thereon, is guilty of a misdemeanor.