April 27, 2004, Introduced by Senator VAN WOERKOM 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 sections 8901 and 8904 (MCL 324.8901 and 324.8904),
section 8904 as amended by 1998 PA 15.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 8901. As used in this part:
2 (a)
"Litter" means all rubbish, refuse, waste material,
3 garbage, offal, paper, glass, cans, bottles, trash, debris, or
4 other foreign substances or a vehicle that is considered
5 abandoned under section 252a of the Michigan vehicle code, 1949
6 PA 300, MCL 257.252a.
7 (b) "Public or private property or water" includes, but is
8 not limited to, any of the following:
9 (i) The right-of-way of a road or highway, a body of water or
10 watercourse, or the shore
or beach of the a body of water or
1 watercourse, including the ice above the water.
2 (ii) A park, playground, building, refuge, or conservation or
3 recreation area.
4 (iii) Residential or farm properties or timberlands.
5 (c)
"Vehicle" means every a motor vehicle registered or
6 required to be registered
under the Michigan vehicle code, Act
7 No. 300 of the Public
Acts of 1949, being sections 257.1 to
8 257.923 of the Michigan
Compiled Laws 1949 PA 300, MCL
257.1 to
9 257.923.
10 (d)
"Vessel" means a vessel registered under the marine
11 safety act, Act No.
303 of the Public Acts of 1967, being
12 sections 281.1001 to
281.1199 of the Michigan Compiled Laws part
13 801.
14 Sec. 8904. (1) Except as provided in subsection (3)
15 involving litter from a leased vehicle or leased vessel, in a
16 proceeding for a violation of this part involving litter from a
17 motor vehicle or vessel, proof that the particular vehicle or
18 vessel described in the citation, complaint, or warrant was used
19 in the violation, together with proof that the defendant named in
20 the citation, complaint, or warrant was the registered owner of
21 the vehicle or vessel at
the time of the violation, constitutes
22 an evidentiary gives rise to a rebuttable presumption that
the
23 registered owner of the vehicle or vessel was the driver of the
24 vehicle or vessel at the time of the violation.
25 (2) The There
is a rebuttable presumption that the driver
26 of a vehicle or vessel is
presumed to be responsible for litter
27 that is thrown, dumped, deposited, placed, or left from the
1 vehicle or vessel on public or private property or water.
2 (3) In a proceeding for a violation of this part involving
3 litter from a leased motor vehicle or leased vessel, proof that
4 the particular vehicle or vessel described in the citation,
5 complaint, or warrant was used in the violation, together with
6 proof that the defendant named in the citation, complaint, or
7 warrant was the lessee of the vehicle or vessel at the time of
8 the violation, constitutes
an evidentiary gives rise to a
9 rebuttable presumption that the lessee of the vehicle or vessel
10 was the driver of the vehicle or vessel at the time of the
11 violation.
12 (4) This section
shall not apply if a sanction for the
13 conduct is prescribed
in section 8905a. In a proceeding
for a
14 violation of this part involving litter consisting of an
15 abandoned vehicle, proof that the particular vehicle described in
16 the citation, complaint, or warrant was abandoned, and that the
17 defendant named in the citation, complaint, or warrant was the
18 titled owner or lessee of the vehicle at the time it was
19 abandoned, gives rise to a rebuttable presumption that the
20 defendant abandoned the vehicle.