P.R. Laws tit. 9, § 5300

2019-02-20 00:00:00+00
§ 5300. Conservation of public roads and shoulders

The agents of the Commonwealth Police, the Municipal Police, the Traffic Control Corps of the Department, and the Ranger Corps of the Department of Natural and Environmental Resources, are hereby authorized to issue administrative faults tickets to any person who without being duly authorized by the legally empowered officials or representatives of the Commonwealth or municipal government or one of its agencies or instrumentalities, places, deposits, or throws, or gives orders to place, deposit or throw on a public road or its abutting areas within the easement, any paper, wrapping, can, bottle, cigarette butt, fruit, wood ashes, or any similar material that is harmful to the public health or safety, or any kind of litter or waste. This administrative fault shall entail a fine of one hundred dollars ($100).

If, for this administrative fault to be constituted, this offender disposes of trash or bags containing trash, dead animal remains, tire or tires, branches or trunks of trees, debris, papers, cans, fruit or waste, including one (1) or several land, sea and air transportation vehicles, or several vehicles of any kind, or of a similar matter, or that is harmful to the public health or safety, or any kind of garbage or trash, he/she shall be subject to the payment of an administrative fine of one thousand dollars ($1,000).

Likewise, it shall be illegal to use the public roads and their abutting areas within the easement to deposit or store construction materials, with the exception of those that are to be used in the repair or reconstruction of the public road. The Secretary or the municipal authorities, as the case may be, may authorize said deposit or storage of material when it is for brief periods, and will not become a public safety hazard, or obstruct traffic.

In those cases that entail an administrative fine of one thousand dollars ($1,000), the agents of the Commonwealth Police, Municipal Police, and the Ranger Corps of the Department of Natural and Environmental Resources, are empowered, in addition to issuing a ticket, to order the offender to pick up the discarded waste. If said order is not complied with, the issuing of the ticket shall be averted, and the person shall be charged with a misdemeanor and upon conviction, punished with a fine of not less than one thousand five hundred dollars ($1,500) or more than five thousand dollars ($5,000), and the penalty of restitution.

Any person who removes a vehicle that is disabled or that has been involved in a traffic accident on a public road, must remove any fragments of crystal or glass, or any amount of grease or oil, or any other matter that has fallen or splashed on to the pavement from said broken-down vehicle.

No person shall drive a motor vehicle or trailer on the public road whose wheels that are in contact with the pavement, are not provided with tires.

No fixed, movable or temporary sheds or roadside vending stands shall be established on public state highways nor their shoulders, except when a specific authorization has been issued therefore and they comply with all the regulations promulgated by the Secretary to such effect. In those cases in which the municipality authorizes the operation of these establishments on municipal highways, the municipality shall ensure the flow of vehicles on other safe, available roads. In addition, the corresponding municipality shall notify the Department, as to where authorization shall be obtained from the Secretary or his/her designee, and to the Police, on the use of the state highway no later than ten (10) days before the date on which the operation of such establishments commences.

History —Jan. 7, 2000, No. 22, § 10.20; June 3, 2004, No. 132, § 10, eff. 8 months after June 3, 2004.