CERTIFICATION OF ENROLLMENT

 

                   SUBSTITUTE HOUSE BILL 1429

 

 

 

 

 

 

                        55th Legislature

                      1997 Regular Session

Passed by the House March 11, 1997

  Yeas 97   Nays 0

 

 

 

Speaker of the

      House of Representatives

 

Passed by the Senate April 10, 1997

  Yeas 45   Nays 0

             CERTIFICATE

 

I, Timothy A. Martin, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 1429  as passed by the House of Representatives and the Senate on the dates hereon set forth.

 

 

 

President of the Senate

                          Chief Clerk

 

 

Approved Place Style On Codes above, and Style Off Codes below.  

                                FILED

          

 

 

Governor of the State of Washington

                   Secretary of State

                  State of Washington


          _______________________________________________

 

                    SUBSTITUTE HOUSE BILL 1429

          _______________________________________________

 

             Passed Legislature - 1997 Regular Session

 

State of Washington      55th Legislature     1997 Regular Session

 

By House Committee on Agriculture & Ecology (originally sponsored by Representatives Sump, O'Brien, Sullivan, Mielke, Mulliken and Sherstad)

 

Read first time 02/17/97.

  Penalizing cigarette discard. 


    AN ACT Relating to littering; amending RCW 70.93.060 and 7.80.120; and prescribing penalties.

 

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

 

    Sec. 1.  RCW 70.93.060 and 1996 c 263 s 1 are each amended to read as follows:

    (1) No person shall throw, drop, deposit, discard, or otherwise dispose of litter upon any public property in the state or upon private property in this state not owned by him or her or in the waters of this state whether from a vehicle or otherwise including but not limited to any public highway, public park, beach, campground, forest land, recreational area, trailer park, highway, road, street, or alley except:

    (a) When the property is designated by the state or its agencies or political subdivisions for the disposal of garbage and refuse, and the person is authorized to use such property for that purpose;

    (b) Into a litter receptacle in a manner that will prevent litter from being carried away or deposited by the elements upon any part of said private or public property or waters.

    (2)(a) Except as provided in subsection (4) of this section, it is a class 3 civil infraction as ((defined)) provided in RCW 7.80.120 for a person to litter in an amount less than or equal to one cubic foot.

    (b) It is a class 1 civil infraction as ((defined)) provided in RCW 7.80.120 for a person to litter in an amount greater than one cubic foot.  Unless suspended or modified by a court, the person shall also pay a litter cleanup fee of twenty-five dollars per cubic foot of litter.  The court may, in addition to or in lieu of part or all of the cleanup fee, order the person to pick up and remove litter from the property, with prior permission of the legal owner or, in the case of public property, of the agency managing the property.

    (3) If the violation occurs in a state park, the court shall, in addition to any other penalties assessed, order the person to perform twenty-four hours of community service in the state park where the violation occurred if the state park has stated an intent to participate as provided in RCW 43.51.048(2).

    (4) It is a class 1 civil infraction as provided in RCW 7.80.120 for a person to discard, in violation of this section, a cigarette, cigar, or other tobacco product that is capable of starting a fire.

 

    Sec. 2.  RCW 7.80.120 and 1987 c 456 s 20 are each amended to read as follows:

    (1) A person found to have committed a civil infraction shall be assessed a monetary penalty.

    (a) The maximum penalty and the default amount for a class 1 civil infraction shall be two hundred fifty dollars, not including statutory assessments, except for an infraction of state law involving tobacco products as specified in RCW 70.93.060(4), in which case the maximum penalty and default amount is five hundred dollars;

    (b) The maximum penalty and the default amount for a class 2 civil infraction shall be one hundred twenty-five dollars, not including statutory assessments;

    (c) The maximum penalty and the default amount for a class 3 civil infraction shall be fifty dollars, not including statutory assessments; and

    (d) The maximum penalty and the default amount for a class 4 civil infraction shall be twenty-five dollars, not including statutory assessments.

    (2) The supreme court shall prescribe by rule the conditions under which local courts may exercise discretion in assessing fines for civil infractions.

    (3) Whenever a monetary penalty is imposed by a court under this chapter it is immediately payable.  If the person is unable to pay at that time the court may grant an extension of the period in which the penalty may be paid.  If the penalty is not paid on or before the time established for payment, the court  may proceed to collect the penalty in the same manner as other civil judgments and may notify the prosecuting authority of the failure to pay.

    (4) The court may also order a person found to have committed a civil infraction to make restitution.

 


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