1. (1) As used in this section:

   1. (a) "Human body waste" means excrement, feces or other waste material discharged from the human body.
   2. (b) "Passenger train" means any train operated by a railroad company or corporation or operated by an entity created by federal law, for the primary purpose of transporting passengers.
   3. (c) "Person" means an individual, trust, firm, joint stock company, corporation, partnership, association, state, state or federal agency or entity, city, commission, or political subdivision of a state.
2. (2) No person operating or controlling any passenger train through or within this state may knowingly and openly place, throw, release, discharge, or deposit human body waste from a passenger train upon the right-of-way over which it operates.
3. (3) Any person who violates any provision of this section is guilty of a misdemeanor.
4. (4) The department of environmental quality and the public health districts shall enforce the provisions of this section.

[18-6015, added 1990, ch. 189, sec. 1, p. 419; am. 2001, ch. 103, sec. 3, p. 260.]