Act of Jun. 28, 2018,P.L. 429, No. 62 Cl. 51 - CRIMES CODE (18 PA.C.S.) AND VEHICLE CODE (75 PA.C.S.) - OFFENSE OF SCATTERING RUBBISH, DUTY OF DRIVER IN LITTER ENFORCEMENT CORRIDORS, DESIGNATION OF LITTER ENFORCEMENT CORRIDORS AND SPECIFIC POWERS OF DEPARTMENT AND LOCAL AUTHORITIES Statute Update Generated 2018-08-17 05:00:38 PMCRIMES CODE (18 PA.C.S.) AND VEHICLE CODE (75 PA.C.S.) - OFFENSE OF SCATTERING RUBBISH, DUTY OF DRIVER IN LITTER ENFORCEMENT CORRIDORS, DESIGNATION OF LITTER ENFORCEMENT CORRIDORS AND SPECIFIC POWERS OF DEPARTMENT AND LOCAL AUTHORITIESAct of Jun. 28, 2018, P.L. 429, No. 62Cl. 51Session of 2018No. 2018-62 SB 431 AN ACT Amending Titles 18 (Crimes and Offenses) and 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in nuisances, further providing for the offense of scattering rubbish; in rules of the road in general, providing for duty of driver in litter enforcement corridors; and, in powers of department and local authorities, providing for designation of litter enforcement corridors and further providing for specific powers of department and local authorities. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. Section 6501(b)(1) and (2) of Title 18 of the Pennsylvania Consolidated Statutes are amended to read:§ 6501. Scattering rubbish.* * *(b) Penalty.--(1) A person who violates subsection (a)(1) or (2) is guilty of a summary offense for the first offense and upon conviction thereof shall be sentenced to pay a fine of not less than $50 nor more than $300 and be required to pick up litter or illegally dumped trash for not less than five nor more than 30 hours to be completed within six months, or to imprisonment for not more than 90 days, or both.(2) A person who violates subsection (a)(1) or (2) is guilty of a misdemeanor of the third degree for the second and subsequent offense and upon conviction thereof shall be sentenced to pay a fine of not less than $300 nor more than $1,000. The person also may be sentenced to imprisonment or [to performing a community service for a period not to exceed] be required to pick up litter or illegally dumped trash for not less than 30 nor more than 100 hours to be completed within one year.* * *Section 2. Title 75 is amended by adding sections to read:§ 3329. Duty of driver in litter enforcement corridors.(a) Areas indicated by traffic-control devices.--The driver of a vehicle shall yield the right-of-way to any authorized vehicle or pedestrian actually engaged in work upon a highway within a litter enforcement corridor indicated by official traffic-control devices placed in accordance with department regulations, including advanced warning signs or a vehicle having flashing or revolving yellow lights.(b) Fines to be doubled.--For any of the following violations, when committed in a litter enforcement corridor designated under section 6105.2 (relating to designation of litter enforcement corridors), the fine shall be double the usual amount:Section 3709 (relating to depositing waste and other material on highway, property or waters).Section 4903 (relating to securing loads in vehicles).18 Pa.C.S. § 6501 (relating to scattering rubbish).(c) Fines to be tripled.--If a person is found to be littering or scattering rubbish under 18 Pa.C.S. § 6501 that originated from a commercial business, the fine shall be triple the usual amount.(d) Notice.--Official traffic control devices shall be appropriately placed to notify motorists that increased penalties apply for littering violations within a litter enforcement corridor.§ 6105.2. Designation of litter enforcement corridors.Litter enforcement corridors shall be designated as follows:(1) The department shall have the power to designate a segment of any State highway.(2) A political subdivision shall have the ability to petition the department to designate a segment of any State highway that is located within the political subdivision's physical boundaries.(3) A political subdivision shall have the ability to designate any local road, by authority granted in section 6109 (relating to specific powers of department and local authorities).(4) All scenic highways, as designated by 74 Pa.C.S. Ch. 83 (relating to scenic highways), shall be deemed litter enforcement corridors.Section 3. Section 6109(a) of Title 75 is amended by adding a paragraph to read:§ 6109. Specific powers of department and local authorities.(a) Enumeration of police powers.--The provisions of this title shall not be deemed to prevent the department on State-designated highways and local authorities on streets or highways within their physical boundaries from the reasonable exercise of their police powers. The following are presumed to be reasonable exercises of police power:* * *(24) Designating any local road as a litter enforcement corridor, as described in section 6105.2 (relating to designation of litter enforcement corridors) and enforcing penalties for violations of section 3329 (relating to duty of driver in litter enforcement corridors), provided that the local authority has received written complaints about littering or the scattering of rubbish and demonstrates the need to designate the local road.* * *Section 4. This act shall take effect in six months. APPROVED--The 28th day of June, A.D. 2018. TOM WOLF