HB 276 – AS INTRODUCED
2013 SESSION
08/10
HOUSE BILL 276
AN ACT relative to wildlife resistant solid waste storage and disposal.
COMMITTEE: Fish and Game and Marine Resources
This bill requires owners of solid waste containers which are attracting nuisance wildlife to store or dispose of such solid waste in a wildlife resistant manner.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
13-0390
08/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Thirteen
AN ACT relative to wildlife resistant solid waste storage and disposal.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Wildlife Dumpsters. Amend RSA 147 by inserting after section 47 the following new section:
147:47-a Wildlife Resistant Solid Waste Storage and Disposal.
I. When a conservation officer of the fish and game department or a municipal animal control officer determines that a solid waste container has attracted nuisance wildlife, the officer shall require the owner of the solid waste container to place such solid waste for disposal in one of the following:
(a) A wildlife resistant container.
(b) A solid waste container placed within a wildlife resistant enclosure.
(c)) A building or structure that is inaccessible to wildlife.
II.(a) Any person who, after a conservation officer of the fish and game department or a municipal animal control officer requires the owner to store his or her solid waste in a wildlife resistant container, knowingly violates the provisions of this section, shall be guilty of a violation and may not be fined more than $500. If such person chooses to pay the civil forfeiture specified in subparagraph (b), the person shall be deemed to have waived the right to have the case heard in district court and shall not be prosecuted or found guilty of a violation of paragraph I. Any person who does not pay the civil forfeiture specified in subparagraph (b) shall have the case disposed of in district court.
(b) Any person who violates the provisions of paragraph I shall be liable for a civil forfeiture, which shall be paid to the clerk of the town or city where the violation occurred within 48 hours of the date and time notice is given by a conservation officer of the fish and game department or a municipal animal control officer under paragraph I. If the forfeiture is paid, said payment shall be in full satisfaction of the assessed penalty. The forfeiture shall be in the amount as specified for the following violations:
(1) $25 for the first offense.
(2) $50 for each subsequent offense except as provided in subparagraph (c).
(c) Any person who pays a civil forfeiture as specified in subparagraph (b) 3 times in any 12-month period according to the records of the town or city clerk may not pay a civil forfeiture for subsequent violations of paragraph I in that 12-month period but shall have those cases disposed of in district court.
(d) The town or city clerk shall remit all fines and civil forfeitures to the municipality or department, the officials of which instituted the prosecution.
2 Effective Date. This act shall take effect 60 days after its passage.