SENATE BILL NO. 274 February 9, 1999, Introduced by Senators YOUNG, MURPHY, LELAND, V. SMITH and VAUGHN 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. 00471'99 JCB 2 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 Acts14of 1949, being sections 257.1 to 257.923 of the Michigan Compiled15Laws1949 PA 300, MCL 257.1 TO 257.923. 16 (E)(d)"Vessel" means a vessel registered underthe17marine safety act, Act No. 303 of the Public Acts of 1967, being18sections 281.1001 to 281.1199 of the Michigan Compiled LawsPART 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). 00471'99 3 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. 00471'99 Final page. JCB