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RESPONSIBILITY TO OUR ENVIRONMENT By Sr. Agent Desi Fulmer As an Enforcement Agent of the Department, I spend a lot of time riding (on patrol), whether in a truck or in the boat, I'm seeing the same thing. Trash. Trash on the sides of the road, trash on the banks of our bayous and in our waterways. I often wonder why our state is so dirty. Is it a lack of respect, lack of consideration, laziness, or just plain carelessness? Possibly a combination of all of the above and then some. I'm always looking for that person who is so inconsiderate that they just throw their trash out of their car windows, or into our bayous as they navigate from one place to another. Unfortunately, I don't see it happen that way very often. What I do see happening occasionally is a potato chip bag as it blows out from the bed of the pick-up truck that is in front of me on the highway. Or the soft drink can floating in the water five feet from the back of someone's boat as they are trolling down a bank and casting their line. I can remember several times when I would see this kind of thing and ask my partner if he had seen them throw it out. At times, it would be a situation where neither of us would actually see the trash leave a particular person’s hand, so we would ask the person about it. The answer would always be, "That's not mine". Then we would respond by saying "Come on, its right next to your boat and you have others like it in your boat.” Then the next thing they say is, "It must have blown overboard." My partner and I would leave thinking the same thing, that we wish we could have seen him or her throw that out. That would mean intent, and with “intent” we could issue a citation or arrest and the DA could prosecute. Without intent, there's not much of a case. Or so, we traditionally thought. The operator of a vehicle or vessel is responsible for their vehicle/vessel. This also means that they are responsible for their passengers. This, of course, is common sense. They are also responsible for keeping their trash inside their vehicles and vessels. This is also common sense and to me this doesn't sound unreasonable, in fact, I can't imagine it being any other way. Once, while explaining this to someone they asked, “When did that law change?” I told them that it has always been that way, but besides that, isn't it common sense. I mean, we are responsible as drivers during all aspects of operating our vehicles, except for when trash flies from our vehicles. It even sounds ridiculous doesn't it? Just for informational purposes, I've asked several people how they feel about others who litter or trash in general. Most felt that people who litter should be criminally charged. Then I asked how they felt about people that have trash flying from their vehicles and boats as they drive along. Most felt that it is uncalled for, and could be avoided by simple steps such as inspecting open storage areas and securing the loose material that may blow out. Then when asked how this issue should be dealt with, particularly after the fact, the opinions began to change. So, with no clear answer to this question, I ended the simple survey by asking who should be held accountable for the trash that flys from your vehicle? Should the person driving behind you have to stop and pick it up? Should the officer that witnesses the event be responsible for removing your trash from the middle or side of the road? Or, should the person driving the vehicle be ticketed for his negligence? Meanwhile, I will be out there, still searching for the intentional
violator that just openly rolls down the window and throws the trash out and
recognizing the ones that litter by way of carelessness.
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