(a) No person shall discard or otherwise dispose of litter in a public place, or on private property, or in the waters of the State except:

Terms Used In Hawaii Revised Statutes 339-4

  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the department of health. See Hawaii Revised Statutes 339-1
  • Litter: means rubbish, refuse, waste material, garbage, trash, offal, or any debris of whatever kind or description, whether or not it is of value, and includes improperly discarded paper, metal, plastic, glass, or solid waste. See Hawaii Revised Statutes 339-1
  • Litter bag: means a bag, sack, or other container which is large enough to serve as a receptacle for litter. See Hawaii Revised Statutes 339-1
  • Litter receptacle: means any container approved by the director and made available for the depositing of wastes. See Hawaii Revised Statutes 339-1
  • Public place: means any area that is used or held out for use by the public whether owned or operated by public or private interests. See Hawaii Revised Statutes 339-1
(1) In a place which is designated by the department or the county for the disposal of garbage and refuse.
(2) Into a litter receptacle.
(3) Into a litter bag, provided that the bag is disposed of properly into a litter receptacle or in a place which is designated by the department or the county for the disposal of garbage and refuse.

It shall be an affirmative defense that the defendant had consent of the owner in control of the property.

(b) In the case of litter discarded or deposited from a vehicle on any highway, the driver of the vehicle may be cited for any litter discarded or deposited from such vehicle.
(c) No person in any way shall damage any litter receptacle so as to interfere with its proper function or to detrimentally affect its proper appearance.
(d) No person shall remove from its place, any litter receptacle which the person does not own, or for which the person does not have responsibility.
(e) No person shall transport litter from private households or commercial activities and discard them in litter receptacles located in public places.

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