SENATE BILL No. 631

September 19, 2001, Introduced by Senator YOUNG and referred to the Committee on Natural Resources and Environmental Affairs.

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 8901 (MCL 324.8901) and by adding section

8902a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 8901. As used in this part:

2 (a) "Litter" means all rubbish, refuse, SCRAP, waste materi-

3 al, garbage, offal, paper, glass, cans, bottles, trash, debris,

4 or other foreign substances.

5 (b) "Public or private property or water" includes, but is

6 not limited to, any of the following:

7 (i) The right-of-way of a road or highway, a body of water

8 or watercourse, or the shore or beach of the body of water or

9 watercourse, including the ice above the water.

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1 (ii) A park, playground, building, refuge, or conservation

2 or recreation area.

3 (iii) Residential or farm properties or timberlands.

4 (C) "SCRAP" MEANS AN ITEM THAT IS DAMAGED, DETERIORATED, OR

5 IN A CONDITION SUCH THAT THE ITEM CANNOT BE USED FOR THE PURPOSE

6 FOR WHICH THE ITEM WAS MANUFACTURED AND MAY INCLUDE, BUT IS NOT

7 LIMITED TO, ANY OF THE FOLLOWING:

8 (i) A MOTOR VEHICLE.

9 (ii) MACHINERY.

10 (iii) AN APPLIANCE.

11 (iv) FURNITURE.

12 (D) (c) "Vehicle" means every motor vehicle registered

13 under the Michigan vehicle code, Act No. 300 of the Public Acts

14 of 1949, being sections 257.1 to 257.923 of the Michigan Compiled

15 Laws 1949 PA 300, MCL 257.1 TO 257.923.

16 (E) (d) "Vessel" means a vessel registered under the

17 marine safety act, Act No. 303 of the Public Acts of 1967, being

18 sections 281.1001 to 281.1199 of the Michigan Compiled Laws PART

19 801.

20 SEC. 8902A. (1) AN OWNER OR OCCUPANT OF RESIDENTIAL PROP-

21 ERTY SHALL NOT KNOWINGLY ACCUMULATE, OR ALLOW TO ACCUMULATE,

22 LITTER ON RESIDENTIAL PROPERTY.

23 (2) A PERSON MAY BRING A CIVIL ACTION AGAINST AN OWNER OR

24 OCCUPANT OF RESIDENTIAL PROPERTY WHO VIOLATES SUBSECTION (1) FOR

25 DAMAGES OR EQUITABLE RELIEF, OR BOTH. A PERSON MAY SEEK A COURT

26 ORDER TO COMPEL AN OWNER OR OCCUPANT TO REMOVE AND PROPERLY

27 DISPOSE OF LITTER ACCUMULATED IN VIOLATION OF SUBSECTION (1).

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1 (3) AN OWNER OR OCCUPANT WHO FAILS TO COMPLY WITH A COURT

2 ORDER ISSUED UNDER THIS SECTION IS SUBJECT TO THE CONTEMPT POWERS

3 OF THE COURT AND MAY BE PUNISHED BY IMPRISONMENT FOR NOT MORE

4 THAN 6 MONTHS, OR BY A FINE OF NOT MORE THAN $1,000.00, OR BOTH.

5 (4) THE COURT MAY AWARD A PLAINTIFF WHO PREVAILS IN AN

6 ACTION FILED UNDER THIS SECTION REASONABLE ATTORNEY FEES AND

7 COSTS.

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