Tag: Laws

Community, County Ordinances, Laws, Ordinances & Regulations

Litter vs Artifacts?

EntomologistJed

If you leave trash sitting around long enough (about 50 years), something mysterious happens and it stops being litter (punishable by a $200 fine) and becomes an archaeological resource which if you remove from federal land could lead to a $500 fine and six moths in jail.

What’s the difference?

Litter is, according to the Lincoln County Ordinance:

“Litter” means any quantity of uncontained or openly stored materials which may be classified as trash, debris, rubbish, refuse, garbage or junk, including but not limited to:
a) any worn out or discarded material that is ready for destruction or has been collected or stored for recycling or salvage;
b) old or scrap metals, wire, rope, batteries, paper, tires, cardboard, plastic, cans, wood, concrete, glass, crockery, or rubber;
c) dead domestic animals;
d) animal and vegetable wastes from the handling, preparation, cooking, and the consumption of food that is not incorporated into a properly maintained compost system;
e) discarded, broken, or unusable furniture, fencing, or building materials,
f) discarded, broken, or non-functioning appliances, campers, mobile homes, junk vehicles, machinery, fixtures, or any component parts thereof, that are serving no apparent purpose, or will not be made to function within a reasonable time;”

Ordinance 2018-02 – Litter Control

It’s probably worth noting that Lincoln County’s litter ordinance doesn’t just apply to roadsides: “It is unlawful for an owner, lessee, or occupant of private property to allow litter to accumulate on his or her property.” As with the community decay ordinance, there appears to be some potential for overlap between “yard art” and “illegal”.

Archaeological resources are broadly defined by federal law, and include trash over 50 years in age (though only if it is of archaeological interest– that is, “capable of providing scientific or humanistic understanding of past human behavior, cultural adaptation, and related topics…”) Archaeological resources are covered by 36 CFR 261.9 (theft of government property, penalty of up to 500$ and/or up to 6 months imprisonment), which means that they are illegal to remove from federal lands.

So, 50+ year old trash? If it’s on federal ground, leaving it is the safer bet. On private property, while explaining it was an artifact rather than litter might make for an interesting argument, that $200 (each day) fine might also prove persuasive.

Litter, to be removed? Or an artifact to remain? Sometimes labels provided clues, allowing the item to be dated, and making the determination easier.

Laws, Ordinances & Regulations

The Force of Law

Sam

It’s amazing just how many regulations/rules/statutes/ordinances/laws are out there.

What we learned in grade school civics is simple and elegant, and unfortunately far from the complete picture. In elementary school we are taught the three branches of government: executive, legislative, and judicial. This is accompanied by the simple explanation that the legislative branch (the legislature) makes the laws and the executive branch (the president) enforces them. The same model is used by the state. Simple. Easy to understand. Incomplete.

While in the strictest sense the legislature can and does pass laws and the executive branch of government does enforce them, the actual situation is far more complex. Often, what the executive branch does is create a regulatory agency to enforce the law. For example, back in the 1970’s, President Nixon established the Environmental Protection Agency and charged it with enforcing the Clean Air Act. Of course, the EPA quickly grew to handle far more than just the Clean Air Act. Like other federal departments and agencies, the EPA creates rules and regulations which have the force of law. They aren’t laws in the same sense that the laws created by the legislature are, per say, but for the guy trying to follow them, there just isn’t much difference.

How many federal regulations are there?

Statistics about federal regulations can be found here, provided by George Washington University. The entire collection of regulations is available online via the electronic code of federal regulations.

Given that George Washington University’s very nice bar graph has units in “thousands of pages”, it’s rather easy to conclude that there are lots of federal regulations. Of course, it’s likely that most of them won’t apply to any given individual, but how is one to know which ones do? Alas, without reading all of them, there doesn’t seem to be a good way to know.

And, of course, this is just federal. Each state and state agency has its own collection of regulations, plus county and local governments can pass laws (and regulations with the force of law).

The County’s list of ordinances is at least, mercifully short (Silver Butte Road, Community Decay, Park Rules of Conduct, Dog Control, Litter Control, Recodifying Ordinance). That said, the county’s regulations aren’t nearly as easy to find, being spread out across various departments.

Laws, Ordinances & Regulations

I need a license for what?

Sam

One of the worst shocks of growing up was how much paperwork adulthood requires. Recently, I’ve been learning about licenses. Not fishing licenses, or hunting licenses, which I did know about, but professional and occupational licenses.

Some professions are obvious. It’s clear that a doctor, an MD, will need a license to practice medicine. Clear, too, the reasons. It’s an obvious issue of public health and safety that people doing surgery ought to have some education on the topic!

Which professions require a license is a matter determined by each state. Montana’s Department of Labor regulates 40 boards/programs for licensure. A list of some of the professions licensed by Montana’s Department of Labor follows:

  • Midwives
  • Athletic trainers
  • Barbers
  • Electricians
  • Morticians
  • Hearing Aid Dispensers
  • Addiction Counselors
  • Massage Therapists
  • Nursing Home Administrators
  • Outfitters
  • Plumbers
  • Property Managers
  • Real Estate Salespeople

Of course, the Department of Labor doesn’t have a monopoly on issuing licenses (or on requiring them). The department of environmental quality regulates water system operators, which sounds like something obscure, but is surprisingly common. Whether a water system operator is (legally) required is determined by how many people use the system, and how often. A public school will almost certainly need one. A church? Perhaps.

And we cannot forget the Office of Public Instruction (the state agency dealing with education). That office controls the licensing process for teachers, guidance councilors, and principals.

Additionally, local governments can also add licensing requirements. The city of Billings, for example, requires any business within the city (even home businesses) to obtain a license. This is distinct from registering a business with the state, and seems to be primarily for the purpose of taxing the business.

All this, without getting into permitting! Which licenses have you been surprised to need?