H-0274.1 _______________________________________________
HOUSE BILL 1052
_______________________________________________
State of Washington 55th Legislature 1997 Regular Session
By Representatives Pennington, Carlson, Boldt, Thompson and DeBolt
Read first time 01/13/97. Referred to Committee on Natural Resources.
AN ACT Relating to littering; amending RCW 70.93.060 and 70.93.070; 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)
It is a class ((3)) 2 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.
(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) If the violation occurs on a public highway, highway, road, street, or alley, the court shall, in addition to any other penalties assessed, order the person to perform twenty-four hours of community service picking up and removing litter from the jurisdiction where the violation occurred. In lieu of community service, an out-of-state resident may pay a fine of three hundred dollars.
Sec. 2. RCW 70.93.070 and 1996 c 263 s 2 are each amended to read as follows:
The director ((may)) shall prescribe the procedures
for the collection of penalties, costs, and other charges allowed by chapter
7.80 RCW for violations of this chapter. The procedures must include
provisions requiring that one-half of the monetary amount actually collected by
the state or local governmental entity enforcing the provisions of this chapter
be distributed to that local governmental entity.
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