HRS 0708-0829 ANNOTATIONS

Highways, see §§291C-131, 132.

Litter control, see §§339-1 to 11.

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.

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.

§708-829 Commentary:

1. H.R.S. §§727-4 through 727-6.