H-3600.3 _______________________________________________
HOUSE BILL 2331
_______________________________________________
State of Washington 52nd Legislature 1992 Regular Session
By Representatives Valle, Horn, Rust, D. Sommers, Sprenkle, Franklin, Nealey and J. Kohl
Read first time 01/15/92. Referred to Committee on Environmental Affairs.
AN ACT Relating to penalties 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))
(2) A 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)):
(a) Class 4 civil infraction as defined in RCW 7.80.120, if the person littered in an amount less than or equal to one cubic foot; or
(b) Class 1 civil infraction as defined in RCW 7.80.120 plus the cost of removal and disposing of the litter, if the person littered in an amount greater than one cubic foot.
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)) A
person violating this section shall be guilty of a ((misdemeanor)):
(a) Class 4 civil infraction as defined in RCW 7.80.120, if the amount of solid waste is less than or equal to one cubic foot; or
(b) Class 1 civil infraction as defined in RCW 7.80.120 plus the cost of removal and disposal of the solid waste, if the amount of solid waste is greater than one cubic foot.