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                       ENGROSSED SUBSTITUTE HOUSE BILL 1153

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State of Washington              52nd Legislature             1991 Regular Session

By House Committee on Judiciary (originally sponsored by Representatives Winsley, Rust, Horn, Valle, Edmondson, Neher, Cole, Anderson, Ferguson, Jacobsen, Rasmussen, R. Johnson, Paris, Scott, Betrozoff, Nealey and Sprenkle).

Read first time February 28, 1991.  Prescribing monetary penalties for littering.

     AN ACT Relating to the penalty for littering; amending RCW 70.93.060, 70.93.070, and 70.95.240; and prescribing penalties.

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

     Sec. 1.  RCW 70.93.060 and 1983 c 277 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 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:

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

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

     ((Any person violating the provisions of this section shall be guilty of a misdemeanor and the fine for such violation shall not be less than fifty dollars for each offense.  In addition thereto, except where infirmity or age or other circumstance would create a hardship, such person shall be directed by the court in which conviction is obtained to pick up and remove litter from public property and/or private property, with prior permission of the legal owner, for not less than eight hours nor more than sixteen hours for each separate offense.  The court shall schedule the time to be spent on such activities in such a manner that it does not interfere with the person's employment and does not interfere substantially with the person's family responsibilities))

(2)(a) It is a class 4 civil infraction as defined 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 in RCW 7.80.120 for a person to litter in an amount greater than one cubic foot.  Unless waived, reduced, or suspended by a court, the person shall also pay a litter cleanup fee of fifty dollars per cubic foot of litter.  If the court determines that a person has insufficient funds to pay the monetary penalty or clean-up fee, the court may order a person to pick up and remove litter as provided in RCW 7.80.130.

     Sec. 2.  RCW 70.93.070 and 1983 c 277 s 2 are each amended to read as follows:

     The director shall prescribe the procedures for the collection of ((fines and bail forfeitures including the imposition of additional penalty charges for late payment of fines)) penalties, costs, and other charges allowed by chapter 7.80 RCW for violations of this chapter.  Included in the procedures shall be provisions requiring ((the distribution of)) that one-half of the monetary amount ((of fines)) actually collected ((under the enforcement)) by the state or local government entity enforcing the provisions of this chapter ((by a local governmental agency to)) be distributed to that local governmental ((agency)) entity.

     Sec. 3.  RCW 70.95.240 and 1969 ex.s. c 134 s 24 are each amended to read as follows:

     After the adoption of regulations or ordinances by any county, city, or jurisdictional board of health providing for the issuance of permits as provided in RCW 70.95.160, it shall be unlawful for any person to ((dump or deposit or)) permit the dumping or depositing of any solid waste onto or under the surface of the ground or into the waters of this state except at a solid waste disposal site for which there is a valid permit((:  PROVIDED, That nothing herein)).  This section shall not prohibit a person from dumping or depositing solid waste resulting from his own activities onto or under the surface of ground owned or leased by him when such action does not violate statutes or ordinances, or create a nuisance.  Any person violating this section shall be guilty of a misdemeanor.