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 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 3 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 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.
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:
(1) 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))
(2)(a) It is a class 3 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 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.
