Report Title:
Littering; unauthorized removal and abandonment of shopping carts
Description:
Criminalizes the unauthorized removal and abandonment of shopping carts.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1564 |
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TWENTY-THIRD LEGISLATURE, 2005 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to littering.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that litter is a continuing problem in our modern society. Over the years, many ideas were proposed and many measures were enacted in order to address this problem in one way or another. The legislature also finds that abandoned shopping carts are a particular nuisance for several reasons. Although everyone recognizes that littering is undesirable for our environment and economy, larger pieces of litter represent a greater nuisance because of the greater visual blight and expense to remedy the situation. Shopping carts fall between the size of a beverage container or discarded paper and an abandoned vehicle. Also, the act of removing a shopping cart from a business and abandoning the shopping cart on public or private property has an aspect of conversion to it. Although section 633-16 of our Hawaii Revised Statutes provides a private cause of action in small claims court for a business owner, it does not appear that this right deters the unauthorized removal and subsequent abandonment of shopping carts. The purpose of this Act is to provide additional deterrents to the unauthorized removal and abandonment of shopping carts in a manner that will provide a greater deterrent than the current private cause of action and littering laws, while recognizing that the behavior is not on par with criminal dumping.
SECTION 2. Chapter 708, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§708- Unauthorized removal and abandonment of shopping carts. (a) A person commits the offense of unauthorized removal and abandonment of shopping carts if that person:
(1) knowingly removes, without proper authorization, a shopping cart or similar device from the premises of any business establishment, including any parking area maintained for the customer of the business establishment, or any sidewalk or passageway adjacent to the business establishment, for any purpose whatsoever; and
(2) knowingly places, throws, drops, or abandons the shopping cart of similar device on any public or private property other than the property described in subparagraph (1).
(b) Unauthorized removal and abandonment of shopping carts is a petty misdemeanor; provided that in addition to any monetary fine or term of imprisonment imposed by a court, the court shall also impose eight hours of community service for a first offense, and sixteen hours of community service for subsequent offenses.
(c) It shall be an affirmative defense that the defendant was the owner of the shopping cart, an agent of the owner, an employee of the business establishment that owns the shopping cart, or had the written consent of the business establishment."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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