PUBLIC LAW NO SIXTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE SENATE BILL NO

Transcription

1 SIXTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE SENATE BILL NO THIRTEENTH SPECIAL SESSION, 1989 AN ACT To provide for a commonwealth Littering Control Act of 1989, repealing 6 (352 Section 3106 and 9 (352 Section 5803; and for other purposes. BE IT ENACTED BY THE NORTHERN MARIANAS COMMONWEALTH LEGISLATURE: Section 1. Short Title. This Act may be cited as the "Commonwealth Litter control Act of 1989". Section 2. Findings and Purpose. The Legislature finds that the quality of the environment is as important to the welfare of the people of the Commonwealth as its economy. The Legislature further finds that the determination of an optimum balance between emncinic development and environmental quality deserves the most thoughful consideration, and that the maintenance of the optimum quality of the environment deserves the most intensive care. The purpose of this bill is to provide for a Cormdonwealth Anti-Litter Control program to be administered by the Division of Environmental Quality (D.E.Q.) with the cooperation and assistance of other government agencies having law enforcement powers or aesthetical functions to assist in the enforcement of this act. Section 3. Definitions. (a) "Apprehendn shall mean to cite for commission or violation of an infraction created by this Act. (b) "Apprehending Officers" shall mean designated employees of the Marianas Visitors Bureau, Department of

2 Senate Bill No Natural Resources, Coastal Resources Management Office, Department of Public Health and Environmental Services, Department of Public Works, Mayor's Office, and the Department of Public Safety. Apprehending Officers for each bureau, department or office shall be designated by regulation by the Director of each respective bureau, department or office. (c) "Littern shall mean garbage, trash, rubbish, refuse, paper containers, packing or construction materials, carcasses of dead animals, bottles, cans, debris or any other disposal item of whatsoever nature. (d) "Litteringw shall mean throwing, dropping, placing, depositing, sweeping, discarding or otherwise disposing of any litter on land or water, in other than appropriate storage containers or areas designated for such purpose. (e) "Vehiclen shall mean a device in, upon or off or by which any person or property may be propelled, moved, or drawn upon a road. (f) "Watercraftn shall mean any boat, ship, vessel, barge, or other floating craft. Section 4. Powers and Duties. (a) The Chief of the Division of Environmental Quality is charged with the responsibility of administering the programs and provisions of this act.

3 Senate Bill No (b) The commonwealth Superior Court shall have jurisdiction over violations of this Chapter and shall approve the form of the citation issued for violations. (c) Apprehending Officers, as defined herein, shall have the power to apprehend persons for violations of this Chapter. (d) The Department of public Safety (DPS) is charged with the responsibility of removing and disposing of dead animals found on public roads or highways. Further, DPS shall train apprehending officers in those law enforcement skills necessary to carry out the intent and purposes of this Act, including, but not limited to, techniques for stopping, apprehending and citing alleged violators of the provisions of this Act. (e) The duties of the Chief of the Division of Environmental Quality shall be to: (1) Implement programs in the areas of litter control, prevention, removal and disposal and promote and carry out public education programs. (2) Encourage public voluntary anti-litter campaigns. (3) Conduct educational programs intended to instill an anti-litter ethic.

4 Senate Bill No (4) cooperate with other agencies of the government to accomplish the coordination of anti-litter efforts. (5) Design a CNMI anti-litter symbol. (6) Design and, with the cooperation and assistance of the Department of public Works and the Commonwealth Utilities corporation, make available litter containers or receptacles bearing the CNMI anti-litter symbol to be placed along the public highways of the CNMI, public places, beaches and bathing areas. (7) Post anti-litter signs in public places where required. (f) The Department of public Works (DPW), or DPW through a private contractor, shall be responsible for maintenance and regular disposal of litter placed in litter containers and receptacles. Section 5. Prohibited Activites. (a) It shall be unlawful for any person to litter upon property owned by another or upon the public property of the cmnwealth, or in any waters of the commonwealth. Section 6. Enforcement. -my person apprehended for violation of any of the above prohibitions shall be served by the apprehending officer with a citation and an order to appear at the Traffic Division

5 Senate Bill No of the Commonwealth Superior Court for disposition of the infraction. Parents or legal guardians assume financial responsibility for payment of fines and costs of litter removal connected with violations of this. ~ct committed by any minors (less than 18 years old) under their care and custody. Section 7. Annual Report. Within twelve months from the effective date of this ~ct, and annually thereafter, the Chief of D.E.Q. shall submit to the ~egislature, a report summarizing the actions taken under this ~ct, and the effectiveness of such actions and such information and recommendations, including legislative recmndations, as deemed appropriate. Sect ion 8. Penalties. (a) A person found to have committed the offense of littering, an infraction, shall be punished by fine of not less than two hundred dollars ($200.00) or not more than five hundred dollars ($500.00) which may not be suspended by the Court. Additionally, any person found to have committed the infraction of littering created by this ~ cmay t be ordered to pick up and remove litter from a public place under the supervision of the Department of Public Safety, or under the supervision of such agency as the court shall otherwise provide, for a period not exceeding eight (8) hours for each offense. Furthermore, persons found to have committed the infraction of littering shall be required to pay the costs of removing any litter

6 Senate Bill No they caused. (b) A person charged with a first violation may avoid a court hearing by posting bail in the amount of the minimum fine. Section 9. Repeal. Title 6, (32, Division 3, Section 3106, that reads: "Littering prohibited. "(a) NO person may throw, place or put any rubbish, garbage, cans, bottles or other debris upon any road, highway, or public land within the commonwealth, unless designated as a dumping area. "(b) Any person who violates this section is quilty of a misdemeanor and upon conviction, may be punished by a fine of not more than one hundred dollars or imprisoned for a period of not more than 30 days, or both" is hereby repealed. Section 10. Repeal. Title 9, CMC, Division 5, Section 5803 that reads : "Throwing Debris on Highways Prohibited. No person may throw or deposit upon any highway any glass bottle, nails, tacks, hoops, wire, cans, or any other substance likely to injure any person, animal or vehicle upon the public highway" is hereby repealed. Section 11. Severability. The provisions of this Act are severable and if any provision or part thereof shall be held inwalid or unconstitutional or inapplicable to any person or circumstances, such

7 -p Senate Bill No invalidity, unconstitutionality or inapplicability, shall not affect or 2 impair the remaining provisions of this Act. 3 Section 12. Effective mte. This Act shall take effect upon its pproval by the Governor or upon its becoming law without such approval. Benjami* T. Ma esident of the [/gw/- Pe ro R. Guerrero Speaker of the House Manuel P. Villagomez Senate Legislative Secretary ", f '&'& &y---+ Evelyn T. Cdtro ~ouse Clerk Governor Commonwealth of the Northern Mariana Islands