§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 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 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.



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



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



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



(c) The court shall fine the person convicted of
committing the offense of criminal littering at least $500, but not more than
$1,000.



(5)  It shall be an affirmative defense that
the defendant had consent of the owner in control of the property. [L 1972, c
9, pt of §1; am L 1975, c 154, §1; am L 1979, c 60, §5; am L 1985, c 97, §1; am
L 1992, c 116, §3; am L 2006, c 158, §4]



 



Cross References



 



  Highways, see §§291C-131, 132.



  Litter control, see §§339-1 to 11.



 



COMMENTARY ON §708-829



 



  Subsection (1) makes it an offense to knowingly place, throw,
or drop litter on property or in water without the consent of the owner
thereof.  Litter is broadly defined in subsection (2).  The offense constitutes
a diminishment of the aesthetic value and enjoyment of property.  Although water,
e.g., a lake, pond, or stream, constitutes property, it is included separately
in the definition of the offense on the theory that the greater clarity
achieved is worth the minor redundancy.



  The previous law only covered criminal littering insofar as
it related to highways.[1]  This section of the Code extends the offense to
areas other than public highways.  In so doing, it represents an addition. 
However, even as it relates to highways, the Code greatly simplifies and
clarifies prior law.



 



SUPPLEMENTAL COMMENTARY ON §708-829



 



  Subsection (4) was added by Act 154, Session Laws 1975.  The
Legislature found that the punishment for littering was often not a sufficient
deterrent and concluded that requiring an offender to actually pick up litter
would be more effective.  Senate Standing Committee Report No. 501.



  Act 60, Session Laws 1979, amended definition of litter to
conform to the definition in Chapter 339.



  Act 97, Session Laws 1985, amended this section to:  (1)
except certain conduct from the criminal littering definition; and (2) allow
anyone littering property to avoid conviction by affirmatively proving that the
littering is consented to by the property owner.  Senate Standing Committee
Report No. 609, House Standing Committee Report No. 878.



  Act 116, Session Laws 1992, amended this section by
establishing a minimum fine of $25 for litter violations and a penalty of four
hours of litter pickup work or community service for the first offense and
eight hours for any subsequent offense.  The legislature felt that the setting
of a minimum fine and penalty serve as a more effective deterrent than having
no minimum fine and penalty.  House Standing Committee Report No. 1179-92,
Senate Standing Committee Report No. 461.



  Act 158, Session Laws 2006, amended this section by
increasing the mandatory minimum criminal fine from $25 to $500 and the
mandatory maximum criminal fine from $500 to $1,000.  The legislature found
that many Hawaii communities suffer from serious littering problems.  The problem
is exacerbated by a lack of enforcement and fines for littering that are
insufficient to deter violators.  Act 158 added "teeth" to the
littering laws and provided a substantial deterrent to litter violators, by
increasing the fines for littering.  Conference Committee Report No. 61-06.



 



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§708-829 Commentary:



 



1.  H.R.S. §§727-4 through 727-6.