PRINTER'S NO. 1730
No. 1191 Session of 2006
INTRODUCED BY GORDNER, CORMAN, FERLO, FONTANA, LEMMOND, PILEGGI, RAFFERTY, RHOADES, STACK AND WOZNIAK, APRIL 19, 2006
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, APRIL 19, 2006
AN ACT 1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania 2 Consolidated Statutes, further providing for the offense of 3 scattering rubbish. 4 Section 1. Section 6501(a), (b) and (f) of Title 18 of the 5 Pennsylvania Consolidated Statutes are amended to read: 6 § 6501. Scattering rubbish. 7 (a) Offense defined.--A person is guilty of an offense if 8 he: 9 (1) causes any waste paper, sweepings, ashes, household 10 waste, glass, metal, refuse or rubbish, or any dangerous or 11 detrimental substance to be deposited into or upon any road, 12 street, highway, alley or railroad right-of-way, or upon the 13 land of another or into the waters of this Commonwealth; 14 (2) interferes with, scatters, or disturbs the contents 15 of any receptacle containing ashes, garbage, household waste, 16 or rubbish; [or] 17 (3) is the owner or operator, or an agent of either, of 18 a trash, garbage or debris collection vehicle, including
1 private automobiles and small trucks, or any other type of 2 vehicles used to collect or transport trash, garbage or 3 debris, who knowingly causes to be deposited or deposits the 4 vehicle's load or any part thereof upon any road, street, 5 highway, alley or railroad right-of-way, or upon the land of 6 another or into the waters of this Commonwealth[.]; or 7 (4) disposes of any garbage, household waste or rubbish 8 in a private garbage dumpster or receptacle without 9 permission. 10 (b) Penalty.-- 11 (1) A person who violates subsection (a)(1) [or (2)], 12 (2) or (4) is guilty of a summary offense for the first 13 offense and upon conviction thereof shall be sentenced to pay 14 a fine of not less than $50 nor more than $300 or to 15 imprisonment for not more than 90 days, or both. 16 (2) A person who violates subsection (a)(1) [or (2)], 17 (2) or (4) is guilty of a misdemeanor of the third degree for 18 the second and subsequent offense and upon conviction thereof 19 shall be sentenced to pay a fine of not less than $300 nor 20 more than $1,000. The person also may be sentenced to 21 imprisonment or to performing a community service for a 22 period not to exceed one year. 23 (3) A person who violates subsection (a)(3) is guilty of 24 a misdemeanor of the second degree for the first offense and 25 upon conviction thereof shall be sentenced to pay a fine of 26 not less than $500 nor more than $5,000. The person also may 27 be sentenced to imprisonment or to performing a community 28 service for a period not to exceed two years. 29 (4) A person who violates subsection (a)(3) is guilty of 30 a misdemeanor of the first degree for the second or 20060S1191B1730 - 2 -
1 subsequent offense and upon conviction thereof shall be
2 sentenced to pay a fine of not less than $1,000 nor more than
3 $10,000. The person also may be sentenced to imprisonment or
4 to performing a community service for a period not to exceed
5 five years.
6 (5) Any vehicle, equipment or conveyance, including any
7 private automobile and small truck, used for the
8 transportation or disposal of trash, garbage or debris in the
9 commission of a second or subsequent offense under subsection
10 (a)(3) may be deemed contraband and forfeited in accordance
11 with the provisions set forth in this section.
12 * * *
13 (f) Exception.--Subsection (a)(3) does not apply to the
14 lawful depositing of waste at any site regulated by the
15 Department of Environmental [Resources] Protection.
16 * * *
17 Section 2. This act shall take effect in 60 days.
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