Cigarettes As Litter (California, Florida, Hawaii, Massachusetts, Minnesota, South Carolina) July 21 ; 1998 r Table of Contents 1 Rx .nt-iv . S imma y 2 California 3 Florida 0 Hawaii 5 Massachusetts Minnesota 7 South Carolina 0 0 r 10 11 12 13 14 i 15 pyER1• s READY INDE" INDEXING SYSTEN 1 mr~ mr ~- . , 4, p~ Executive Summary With over 410 billion filter cigarettes being consumed per year, and each filter having an afterlife of 5 to 7 years, tossed cigarette butts rank number one as Americas biggest litter problem' . State laws include a variety of litter and dumping ordinances, a i search of online resources, including news clippings, and local publications revealed that the six states: California, Florida, Hawaii, Massachusetts, Minnesota and South Carolina have all attempted to implement legislation to specifically designates cigarettes as litter. California and South Carolina have been successfiil in including cigarettes in the definition of litter in state law . Florida and Hawaii have been successful in including cigarettes in the definition of litter at the city and county level . Commentary: The trend within the states seems to be focused on local community action at the city and county level . While these local initiatives do not carry the full force of a state law, research indicates they do serve to unite communities behind the litter free goal. Overview of State Cigarette Litter Activity State Current Law State Legislature City and County California Fine of up to S1,000 for the act None found. 1996 Anaheim city library board attempted to ban of throwing a cigarette butt on smoking outside of libraries because of litter. The the street'. proposal was voted down' . Florida No Present Restrictions None found. 1997 Naples tried to ban outdoor smoking because of litter defeated by city council* . Orange County banned smoking at many of its public beaches, trails and ballparks 1) to protect visitors from secondhand smoke and 2) fewer cigarette butts on the ground' Hawaii No Present Restrictions None found Honolulu's banned all smoking at Hanauma Bay because of tittef. In 1995 Waikiki became the states first non- smoking beach'. Chapter 29 of the 1990 Revised Ordinances of the City and County of Honolulu define "rubbish" to include cigan:ttes. The penalty for littering (rubbish is included in the definition of litter) is a fine of not more than $500 for each offense, or ordered to pick up and remove litter fmm a public piacer . Massachusetta No Present Restrictions House Bii14185-Legislation to Towo ofShamn passed an ordinance banning increase the excise on the sale of smoking xt the town beach, as well as in all mwn . non-biodegradable cigmetusg nied playgrounds because of litter10 . in committee. ' Big Solution to Litter Problem : Portable Ashtray Gives smokers Alternative to Flicking Their Butts, biz yahoo.com 07-9-1998 ' South Bay News. HttpJ/web .syr.eduf jptoman/surfriderMewsPoutts.html 1 ' Four Beaches Ban Puffing New Beachhead in War on Smoking? Http:/lash .org/pr/beach/.htm ' Florida : Giving A Council Member His Due . Httpa/www .foras-cdn .conJcmember.htm sKevin Spear, Smoking In County Parks To Be Against The Rules, The Sentinel, 06-27-1997 " Four Beaches Ban Puffing New Beachhead in War on Smoking? Hhp ://ash .orpJpr/beach/.htm ' No Smoking On Hanauma Bay, The Arizana Republic,01-08-1995 . e Revised Ordinances of The City and County ofHonoiulu 1990, www2.co.honolulu.hi.us/mfslmhl29.97b ' Massachusetts Legislative Tracking System . Http ://www.magnet.state.ma.us/soripts/legis/ltsh .idq?HouseNumber=4185 Minnesota No Present Restrictions HF 3693-Tobacco taz increased None Found and hospital and provider tax reduced tobacco advertisement restricted smoking in workplaces and bars, prohibited cigarette littering, prohibited and civil and criminal penalties imposed . Last legislative action 2/23/98 re- referred to committee on Taxes" . South Carolina 1994 amendment to the South None found None Found Carolina Code of Laws provides that the definition of litter include cigarettes and cigarette eiters" . I 1 1 I I i 1. 10 Four Beaches Ban Puffing New Beachhead in War on Smoking? Http ://ash .orp/pr/beach/.hhn I W " Minnesota House of Representatives . HttpJ/www .revisor .leg.state.rnn.us/cgi-bin/bidbill .pi?bi11=H3693 .0&session=1s80 V " The South Carolina General Assembly. Http://www .lpitn:.state.sc .us/bii93-94/532 .htm 00 1 ~ -&i ~- .r-- I California .i Laws on The Books California recognizes cigarettes as litter in its general laws against litter and in its vehicle code. California Penal Code Definition of Litter (Section 374.(a) and (b)) : the willful or negligent throwing, dropping, placing, depositing, or sweeping, or causing any such acts, of any waste matter on land or water in other than appropriate storage containers or areas designated for such purposes . Waste matter means discarded, used, or I leftover substances including, but not limited to, a lighted or nonlighted cigarette, cigar, match, or any flaming or glowing material, or any garbage, trash, refuse, paper, container, packaging or construction material, carcass of a dead animal, any nauseous or offensive matter of any kind, or any object likely to injure any person or create a traffrc hazard . Any person found guilty of littering is punished by a mandatory fine of not less than $100 nor more than $1,000 upon first conviction, by mandatory fine of not less than $500 nor more than $1,000 upon the second conviction, and by a mandatory fine of not less than $750 nor more than $1,000 upon third and subsequent convictions . The court may impose an additional fine of litter collection' . California Vehicle Code: it is against the law for any person (pedestrian included) to throw or discharge on the street or highway or adjoining area, public or private, any lighted or extinguished cigarette, cigar, match or any flaming glowing substance . Creating a fire hazard by discarding flammable derbies is considered a L moving violation and will appear on the individuals driving record . Fines and penalties . are the same as general littering lawZ . I State Legislative Activity !1 No pending legislative proposals could be identified in California . Local Leeislative Initiatives Anaheim, 1996: The city's library board made a proposal to ban smoking outside city libraries because of litter and expostue to secondhand smoke . The city council rejected the proposal stating such a ban was too restrictive and had the potential to violate personal freedom . The city council resolved that the problem could be corrected by library staff posting signs requesting that people not smoke in front of the ' California Penal Code Section 369a-402c, www .leginfo.ca.gov/cgi-bin z David Haldane, Street Smart; CHIP Gets Fired up On Seeing Burning Cigarettes Tossed : orange County Edition, Los Angeles Times, 11-04-1996, pp B-1 . I "1 library . If the problem continued the matter could be brought back to the council for further consideration' . I Key Groups, Programs and Projects 1 Center For Marine Conservation (CMC), BeachSweep : The Center For Marine Conservation is the leading non-profit group in the United States dedicated to conserving marine species and their habitats . California maintains two local Center For Marine Conservation Offices, The Pacific Regional Office in San Francisco which works on marine wildlife and fisheries and marine ecosystems campaigns in the Pacific Northwest including Hawaii and Mexico and a Field Office in Monterey" . According to the 1996 annual beach cleanup sponsored by CMC, the 608,759 cigarette butts collected make them the most littered item by piece count on U .S. beaches' . Los Angeles County Department of Public Works Stormwater Public Education and Outreach Campaign: The largest entity in the western United States, with a budget of ,1 $882 million, 3,500 employees and 2,000 pieces of heavy equipment to supports light street cleaning and road maintenance workb . The are responsible for the collection of '.. 1 more than 1 million cigarette butts and nearly 900,000 pieces of litter dropped on the each month' . I California Coastal Commission : The commission sponsors the annual statewide Coastal Clean Up Day presented by Brita Water Filtration Systems . The 14's annual L Coastal Clean Up Day is Scheduled for Saturday September 19, 1998 . Other sponsors include Saatchi and Saatchi, Starbucks and The Gap. The commission is headquarters in .1 San Francisco and has six offices throughout California . Surfrider Foundation USA: Sponsors and education campaign, "Hold Onto Your Butt! The Beaches and Street Are Not Your Ashtray ." Established in 1984 the foundation has been dedicated to protecting the world's oceans and beaches through activism, education, and research. The foundation has its headquarters in San Clemente, California . Surfrider is a grassroots environmental organization with 25,000 members, 34 local U .S. Chapters including chapters in Florida, Hawaii, and Massachusetts . Surfrider receives financial ' Alan Eyerly, Community News Focus ; ANAHEIM; Outdoor Smoking Ban Rejected; Orange County Edition., Los Angeles Times, 06-19-1996, ppB-3 . ' Center for Marine Conservation, www.cmo-ocean.org/1 ac/IS regionaloffices.html ' Cigarette Butts and Beverage Containers Top Beach Litter, San Diego Earth Times, www.sdearthtimes.com/et0897/et/0897s4.htm1 ° F'ust Rain Heightens Awareness of Stormwater Pollution ; Catch Basins Clean Education Plan Developed., I Business Wire, 09-24-1997. ' Issues &Trends : Los Angeles Cleanup Targets Stormwater Pollution ., American City & County, 02-01- I t 998. support from individual members, philanthropic foundations, private sector companies, estates, employee groups, and other entities8. I I Love A Clean San Diego (ILACSD) : A not-for-profit-group founded in 1954 that promotes environmental clean up . ILACSD works with the public and private sectors to .1 provide educational events and programs for residents throughout San Diego .