House Bill No. 290
Introduced By harper, bohlinger, mccann, ohs, mcgee, soft, debruycker
A Bill for an Act entitled: "An Act prohibiting throwing away lighted or burning material on public and private roads and railroad rights-of-way in this state; prohibiting dumping ashtrays containing matches, ashes, or cigarette or cigar refuse on public and private roads and railroad rights-of-way; providing a penalty; allowing administrative entities of roads and public transit operators to post copies of this act in conspicuous locations; and amending sections 7-5-2109, 7-5-4104, and 61-8-365, MCA."
Be it enacted by the Legislature of the State of Montana:
NEW SECTION. Section 1. Littering with lighted matches, cigarettes, and other burning material and dumping ashtray prohibited -- penalty -- posting. (1) A person may not throw away lighted matches, tobacco, cigarettes, cigars, or other lighted material on a forest road, private road, city street, county road, public highway, or railroad right-of-way, EXCEPT LIGHTED MATERIALS USED AS SAFETY SIGNALING DEVICES, in this state.
(2) A person may not empty an ashtray containing matches, ashes, cigarette or cigar refuse, or other related material on a forest road, private road, city street, county road, public highway, or railroad right-of-way in this state.
(3) A person convicted of violating subsection (1) or (2) shall be fined a minimum of $100.
(4) Municipalities, the forest service, county governments, property owners, public transit operators, federal highway administrators, and any other appropriate entity may, at their discretion, post copies of this section in conspicuous locations.
Section 2. Section 7-5-2109, MCA, is amended to read:
"7-5-2109. County control of litter. (1) (a)
The Except as provided in [section 1], a governing body of a county may
regulate, control, and prohibit littering on any county road and on land within the county by the adoption of an ordinance
that substantially complies with the provisions of 7-5-103 through 7-5-107. The ordinance may apply to portions of the
county and may apply to persons other than the owners of the property on which littering occurs.
(b) The ordinance does not apply to lead, copper, or brass deposits directly resulting from shooting activities at a shooting range.
(c) The ordinance does not apply to a "notice of violation" card placed on a motor vehicle illegally parked in a disability parking space.
The Except as provided in [section 1], the governing body of a county may establish a fine not to exceed $200 as a
penalty for violation of the ordinance referred to in subsection (1). A violation of the ordinance may not be punishable by
Section 3. Section 7-5-4104, MCA, is amended to read:
"7-5-4104. Control of nuisances -- exception. (1) The city or town council has power to:
(a) define and abate nuisances and impose fines upon persons guilty of creating, continuing, or suffering a nuisance to exist
on the premises
which that they occupy or control;
(b) regulate and prohibit the wearing of hats or bonnets at theaters or public places of amusement; and
(c) enforce the penalty for violations of [section 1] and post copies of [section 1] in conspicuous locations in the municipality.
(2) The city or town council may not prohibit the placing of a "notice of violation" card on a motor vehicle illegally parked in a disability parking space."
Section 4. Section 61-8-365, MCA, is amended to read:
"61-8-365. Putting refuse on highway prohibited. (1)
No A person shall may not throw or deposit upon any a highway
any glass bottles, glass, nails, tacks, wire, cans, paper, or any other substance likely to injure any person, animal, or vehicle
upon such the highway.
Any A person who drops or permits to be dropped or thrown upon any a highway any destructive or injurious material
shall immediately remove the same material or cause it to be removed.
Any A person removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious
substance dropped upon the highway from such the vehicle.
A Except as provided in [section 1], a person convicted of violating this section shall be fined not less than $50. Except
for the minimum fine of $50 as provided in this subsection , and except for the minimum fine of $100 as provided in
[section 1], the penalty provisions of 61-8-711 apply to this section."
NEW SECTION. Section 5. Codification instruction. [Section 1] is intended to be codified as an integral part of:
(1) Title 7, chapter 5, part 21, and the provisions of Title 7, chapter 5, part 21, apply to [section 1];
(2) Title 7, chapter 5, part 41, and the provisions of Title 7, chapter 5, part 41, apply to [section 1]; and
(3) Title 61, chapter 8, part 3, and the provisions of Title 61, chapter 8, part 3, apply to [section 1].