HOUSE BILL NO. 442
INTRODUCED BY J. JAYNE, D. BROWN, K. PETERSON
AN ACT CLARIFYING THE PROHIBITION AGAINST LITTERING ON HIGHWAYS; ADDING PLASTIC TO THE LIST OF SUBSTANCES THAT MAY NOT BE THROWN OR DEPOSITED ON A HIGHWAY; INCREASING THE PENALTIES FOR LITTERING; ADDING THE OFFENSE OF THROWING CONTAINERS OF URINE OR FECES UPON A HIGHWAY AND PROVIDING A PENALTY; AND AMENDING SECTIONS 61-8-365 AND 61-8-372, MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 61-8-365, MCA, is amended to read:
"61-8-365. Putting refuse on highway prohibited. (1) A person may not
throw or deposit upon a highway glass bottles, glass, nails, tacks, wire, cans,
plastic bottles, plastic, or paper,. or A person may not throw or deposit upon a
highway any other substance likely to injure any a person, or animal, or
damage a vehicle upon the highway.
(2) A person who drops or permits to be dropped or thrown upon a highway destructive or injurious material shall immediately remove the material or cause it to be removed.
(3) A person removing who removes a wrecked or damaged vehicle from
a highway shall remove glass or any other injurious substance dropped upon
the highway from the vehicle.
(4) Except as provided in 61-8-372 and subsection (5) of this section, a
person convicted of violating this section shall be fined not less more than
$50 $250. Except for the minimum maximum fine of $50 $250 as provided in
this subsection and except for the minimum maximum fine of $100 $500 as
provided in 61-8-372, the penalty provisions of 61-8-711 apply to this section.
(5) A person may not throw or deposit upon a highway plastic bottles or any other containers in which urine or feces have been deposited. A person convicted of violating this subsection shall be fined not more than $500."
Section 2. Section 61-8-372, MCA, is amended to read:
"61-8-372. 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 maximum of $100 $500.
(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."
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Latest Version of HB 442 (HB0442.ENR)
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