01-28-2013, 09:38 PM
So if fisherman or rafters have access to the high water mark, those that trespass private property past that point, are still breaking the law! Even with access, people that litter are still punishable by law in Utah! There are laws already in place that defend landowners demands. And responsible citizens, back them up on these such laws. I don't want people dumping trash into our waterways! Vandalism to property is covered in other state laws... Everything landowners are trying to do with this HB 141 is already covered by other state laws. It's just easier to post up fences to put no trespassing signs everywhere so they have mental belief that people won't hop a fence where marked. Hate to say it, someone that wants to get on your property, steal or damage what you have, are still going to do it.
Quote:Title 41, Chapter 6, Sections 114 & 144.1[signature]
41-6-114. Destructive or injurious materials on highways, parks, recreation areas, waterways, or other public or private lands -- Throwing lighted material from moving vehicle -- Enforcement officers -- Litter receptacles required. (1) It shall be unlawful for any person to throw, deposit, or discard, or to permit to be dropped, thrown, deposited, or discarded upon any public road, highway, park, recreation area, or other public or private land, or waterway, any glass bottle, glass, nails, tacks, wire, cans, barbed wire, boards, trash or garbage, paper or paper products, or any other substance which would or could mar or impair the scenic aspect or beauty of the land in the state whether under private, state, county, municipal, or federal ownership without the permission of the owner or person having control or custody of the land. (2) Any person who drops, throws, deposits, or discards, or permits to be dropped, thrown, deposited, or discarded, upon any public road, highway, park, recreation area, or other public or private land or waterway any destructive, injurious, or unsightly material shall: (a) immediately remove the material or cause it to be removed; and (b) deposit the material in a receptacle designed to receive the material. (3) Any person distributing commercial handbills, leaflets, or other advertising shall take whatever measures are reasonably necessary to keep the material from littering public or private property or public roadways. (4) Any person removing a wrecked or damaged vehicle from a public road, highway, park, recreation area, or other public or private land shall remove any glass or other injurious substance dropped from the vehicle upon the road or highway or in the park, recreation area, or other public or private land. (5) It shall be unlawful to throw any lighted material from a moving vehicle. (6) Except as provided in Section 72-7-409, any person transporting loose cargo by truck, trailer, or other motor vehicle shall secure the cargo in a reasonable manner to prevent the cargo from littering or spilling on both public and private property or public roadways. (7) Any person in charge of a construction or demolition site shall take reasonable steps to prevent the accumulation of litter at the construction or demolition site. (8) (a) Officers of the Division of Wildlife Resources and Parks and Recreation, peace officers of incorporated cities and towns, sheriffs and their deputies, deputy state fire wardens, state capitol security officers, and other officers of the state, within their jurisdiction shall enforce the provisions of this section. (b) Each officer in Subsection (8)(a) is empowered to issue citations to any person violating any of the provisions of this section and may serve and execute all warrants, citations, and other process issued by any court in enforcing this section. (9) Each operator of a park, campground, trailer park, drive-in restaurant, gasoline service station, shopping center, grocery store parking lot, tavern parking lot, parking lots of industrial firms, marina, boat launching area, boat moorage and fueling station, public and private pier, beach, and bathing area shall maintain sufficient litter receptacles on the premises to accommodate the litter that accumulates. (10) Cities and towns within their corporate limits and counties outside of incorporated cities and towns shall have power to enact local ordinances to carry out the provisions of this section. 41-6-114.1. Penalty for littering. (1) Any person violating any of the provisions of Section 41-6-114 is guilty of a class C misdemeanor and shall be fined not less than $100 for each violation. (2) The sentencing judge may impose as additional penalties the requirements that the offender devote at least four hours in cleaning up: (a) litter caused by him; and (b) existing litter from a safe area designated by the sentencing judge.