H-0550.1/91       _______________________________________________

                                  HOUSE BILL 1153

                  _______________________________________________

State of Washington              52nd Legislature             1991 Regular Session

By Representatives Winsley, Rust, Horn, Valle, Edmondson, Neher, Cole, Anderson, Ferguson, Jacobsen, Rasmussen, R. Johnson, Paris, Scott, Betrozoff, Nealey and Sprenkle.

Read first time January 21, 1991.  Referred to Committee on Judiciary.Prescribing monetary penalties for littering.

     AN ACT Relating to the penalty for littering; amending RCW 70.93.060; 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:

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

     (2) Into a litter receptacle in such a manner that the litter will be prevented 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 no less than fifty dollars and no more than three hundred dollars or a maximum of ten days in jail 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.