Modifies the offense of littering

SECOND REGULAR SESSION
HOUSE BILL NO. 2261
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE DOLL.
5393H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal section 577.070, RSMo, and to enact in lieu thereof one new section relating to the
of fense of littering, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 577.070, RSMo, is repealed and one new section enacted in lieu
2 thereof, to be known as section 577.070, to read as follows:
577.070. 1. A person commits the of fense of littering if he or she places, deposits, or
2 causes to be placed or deposited, any glass, glass bottles, waste materials res ulting fro m the
3 intentional outdoor rele ase or abandonment of one or mor e balloons, wire, nails, tacks,
4 hedge, cans, garbage, trash, refuse, or rubbish of any kind, nature or description on the right-
5 of-way of any public road or state highway or on or in any of the waters in this state or on the
6 banks of any stream, or on any land or water owned, operated or leased by the state, any
7 board, department, agency or commission thereof or on any land or water owned, operated or
8 leased by the federal government or on any private real property owned by another without
9 the owner's consent.
10 2. Except as pr ovided in subsection 3 of this section, the of fense of littering is a
11 class C misdemeanor unless:
12 (1) Such littering creates a substantial risk of physical injury or property damage to
13 another; or
14 (2) The person has been found guilty of a violation of this section or an of fense
15 committed in another jurisdiction which, if committed in this state, would be a violation under
16 this section, in which case it is a class A misdemeanor .
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
17 3. If the offense of littering involves the intentional outdoor r elease or
18 abandonment of one or mor e balloons, the following penalties shall apply:
19 (1) For a first offense if a person intentionally rel eases or abandons ten balloons
20 or fewer , the person shall be subject to a fine that is no less than one hundred dollars but
21 no mor e than five hundred dollars. Any second or subsequent offense shall res ult in a
22 fine no less than five hundred one dollars but no mor e than one thousand dollars;
23 (2) For a first offense if a person intentionally r eleases or abandons eleven or
24 mor e balloons, the person shall be subject to a fine that is no less than five hundr ed
25 dollars. Any second or subsequent offense shall res ult in a fine no less than two
26 thousand dollars.
27 4. It is a violation of this section for a person to intentionally relea se or abandon
28 outdoors a balloon that is inflated or filled with a gas that is lighter than air , except that
29 it is not a violation of this section for a person to:
30 (1) Unintentionally release balloons in any amount; or
31 (2) Intentionally rele ase or abandon outdoors a balloon carrying scientific
32 instrumentation, a balloon used for meteorol ogical observation by a government or
33 scientific organization, or a hot air balloon that is r ecovered after launching.
34 5. As used in this section, "balloon" means a flexible, nonpor ous bag made fr om
35 materials such as rubber , latex, polychlor opr ene, or nylon fabric that can be inflated or
36 filled with gas or fluid, such as helium, hydr ogen, nitr ous oxide, oxygen, air , or water ,
37 and then sealed at the neck of the bag.
✔
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