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                                         SUBSTITUTE SENATE BILL NO. 5181

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                                                            AS AMENDED BY THE HOUSE

 

                                                                            C 385 L 87

 

 

State of Washington                              50th Legislature                              1987 Regular Session

 

By Senate Committee on Judiciary (originally sponsored by  Senator Tanner)

 

 

Read first time 2/19/87.

 

 


AN ACT Relating to donation receptacles for charitable organizations; adding a new section to chapter 9.91 RCW; and prescribing penalties.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

          NEW SECTION.  Sec. 1.  A new section is added to chapter 9.91 RCW to read as follows:

          (1) It is unlawful for any person to throw, drop, deposit, discard, or otherwise dispose of any trash, including, but not limited to items that have deteriorated to the extent that they are no longer of monetary value or of use for the purpose they were intended; garbage, including any organic matter; or litter, in or around a receptacle provided by a charitable organization, as defined in RCW 19.09.020(2), for the donation of clothing, property, or other thing of monetary value to be used for the charitable purposes of such organization.

          (2) Charitable organizations must post a clearly visible notice on the donation receptacles warning of the existence and content of this section and the penalties for violation of its provisions, as well as a general identification of the items which are appropriate to be deposited in the receptacle.

          (3) Any person violating the provisions of this section shall be guilty of a misdemeanor, and the fine for such violation shall be not less than fifty dollars for each offense.

          (4) Nothing in this section shall preclude a charitable organization which maintains the receptacle from pursuing a civil action and seeking whatever damages were sustained by reason of the violation of the provisions of this section.  For a second or subsequent violation of this section, such person shall be liable for treble the amount of damages done by the person, but in no event less than two hundred dollars, and such damages may be recovered in a civil action before any district court judge.

 

          NEW SECTION.  Sec. 2.  If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.


                                                                                                                           Passed the Senate April 21, 1987.

 

                                                                                                                                       President of the Senate.

 

                                                                                                                           Passed the House April 17, 1987.

 

                                                                                                                                         Speaker of the House.