PRINTER'S NO. 811
No. 742 Session of 2007
INTRODUCED BY GORDNER, M. WHITE, COSTA, ARMSTRONG, STACK,
RHOADES, CORMAN AND FONTANA, APRIL 9, 2007
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, APRIL 9, 2007
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 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 6501(a), (b) and (f) of Title 18 of the
7 Pennsylvania Consolidated Statutes are amended to read:
8 § 6501. Scattering rubbish.
9 (a) Offense defined.--A person is guilty of an offense if
10 he:
11 (1) causes any waste paper, sweepings, ashes, household
12 waste, glass, metal, refuse or rubbish, or any dangerous or
13 detrimental substance to be deposited into or upon any road,
14 street, highway, alley or railroad right-of-way, or upon the
15 land of another or into the waters of this Commonwealth;
16 (2) interferes with, scatters, or disturbs the contents
17 of any receptacle containing ashes, garbage, household waste,
18 or rubbish; [or]
1 (3) is the owner or operator, or an agent of either, of
2 a trash, garbage or debris collection vehicle, including
3 private automobiles and small trucks, or any other type of
4 vehicles used to collect or transport trash, garbage or
5 debris, who knowingly causes to be deposited or deposits the
6 vehicle's load or any part thereof upon any road, street,
7 highway, alley or railroad right-of-way, or upon the land of
8 another or into the waters of this Commonwealth[.]; or
9 (4) disposes of any garbage, household waste or rubbish
10 in a private garbage dumpster or receptacle without
11 permission.
12 (b) Penalty.--
13 (1) A person who violates subsection (a)(1) [or (2)],
14 (2) or (4) is guilty of a summary offense for the first
15 offense and upon conviction thereof shall be sentenced to pay
16 a fine of not less than $50 nor more than $300 or to
17 imprisonment for not more than 90 days, or both.
18 (2) A person who violates subsection (a)(1) [or (2)],
19 (2) or (4) is guilty of a misdemeanor of the third degree for
20 the second and subsequent offense and upon conviction thereof
21 shall be sentenced to pay a fine of not less than $300 nor
22 more than $1,000. The person also may be sentenced to
23 imprisonment or to performing a community service for a
24 period not to exceed one year.
25 (3) A person who violates subsection (a)(3) is guilty of
26 a misdemeanor of the second degree for the first offense and
27 upon conviction thereof shall be sentenced to pay a fine of
28 not less than $500 nor more than $5,000. The person also may
29 be sentenced to imprisonment or to performing a community
30 service for a period not to exceed two years.
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1 (4) A person who violates subsection (a)(3) is guilty of
2 a misdemeanor of the first degree for the second or
3 subsequent offense and upon conviction thereof shall be
4 sentenced to pay a fine of not less than $1,000 nor more than
5 $10,000. The person also may be sentenced to imprisonment or
6 to performing a community service for a period not to exceed
7 five years.
8 (5) Any vehicle, equipment or conveyance, including any
9 private automobile and small truck, used for the
10 transportation or disposal of trash, garbage or debris in the
11 commission of a second or subsequent offense under subsection
12 (a)(3) may be deemed contraband and forfeited in accordance
13 with the provisions set forth in this section.
14 * * *
15 (f) Exception.--Subsection (a)(3) does not apply to the
16 lawful depositing of waste at any site regulated by the
17 Department of Environmental [Resources] Protection.
18 * * *
19 Section 2. This act shall take effect in 60 days.
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