H‑0348.1   _____________________________________________

 

HOUSE BILL 1163

 

           _____________________________________________

 

State of Washington      57th Legislature     2001 Regular Session

 

By Representatives Eickmeyer, Doumit, Rockefeller, Jackley and Haigh

 

Read first time 01/18/2001.  Referred to Committee on Agriculture & Ecology.

_1      AN ACT Relating to disposal of garbage and junk vehicles; and

_2  amending RCW 70.93.060, 70.95.240, and 46.55.230.

     

_3  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     

_4      Sec. 1.  RCW 70.93.060 and 2000 c 154 s 2 are each amended to read

_5  as follows:

_6      (1) It is a violation of this section to abandon a junk vehicle

_7  upon ((any)) another's property ((located in an unincorporated

_8  area of a county)). In addition, no person shall throw, drop,

_9  deposit, discard, or otherwise dispose of litter upon any public

10  property in the state or upon private property in this state not

11  owned by him or her or in the waters of this state whether from a

12  vehicle or otherwise including but not limited to any public

13  highway, public park, beach, campground, forest land, recreational

14  area, trailer park, highway, road, street, or alley except:

15      (a) When the property is designated by the state or its

16  agencies or political subdivisions for the disposal of garbage and

17  refuse, and the person is authorized to use such property for that

18  purpose;

                               p. 1                       HB 1163

 

_1      (b) Into a litter receptacle in a manner that will prevent

_2  litter from being carried away or deposited by the elements upon

_3  any part of ((said)) the private or public property or waters.

_4      (2)(a) Except as provided in subsection (4) of this section, it

_5  is a class 3 civil infraction as provided in RCW 7.80.120 for a

_6  person to litter in an amount less than or equal to one cubic

_7  foot.

_8      (b) ((It is a class 1 civil infraction as provided in RCW

_9  7.80.120 for a person to litter in an amount greater than one

10  cubic foot in an incorporated area of a county.  Unless suspended or

11  modified by a court, the person shall also pay a litter cleanup

12  fee of twenty-five dollars per cubic foot of litter.  The court may,

13  in addition to or in lieu of part or all of the cleanup fee, order

14  the person to pick up and remove litter from the property, with

15  prior permission of the legal owner or, in the case of public

16  property, of the agency managing the property.

17      (c))) It is a misdemeanor for a person to litter in an amount

18  greater than one cubic foot but less than one cubic yard ((in an

19  unincorporated area of a county)).  The person shall also pay a

20  litter cleanup restitution payment equal to twice the actual cost

21  of cleanup, or fifty dollars per cubic foot of litter, whichever

22  is greater.  The court shall distribute one-half of the restitution

23  payment to the landowner and one-half of the restitution payment

24  to the law enforcement agency investigating the incident.  The court

25  may, in addition to or in lieu of part or all of the cleanup

26  restitution payment, order the person to pick up and remove litter

27  from the property, with prior permission of the legal owner or, in

28  the case of public property, of the agency managing the

29  property.  The court may suspend or modify the litter cleanup

30  restitution payment for a first-time offender under this section,

31  if the person cleans up and properly disposes of the litter.

32      (((d))) (c) It is a gross misdemeanor for a person to litter in

33  an amount of one cubic yard or more ((in an unincorporated area of

34  a county)).  The person shall also pay a litter cleanup restitution

35  payment equal to twice the actual cost of cleanup, or one hundred

36  dollars per cubic foot of litter, whichever is greater.  The court

37  shall distribute one-half of the restitution payment to the

38  landowner and one-half of the restitution payment to the law

HB 1163                        p. 2

_1  enforcement agency investigating the incident.  The court may, in

_2  addition to or in lieu of part or all of the cleanup restitution

_3  payment, order the person to pick up and remove litter from the

_4  property, with prior permission of the legal owner or, in the case

_5  of public property, of the agency managing the property.  The court

_6  may suspend or modify the litter cleanup restitution payment for a

_7  first-time offender under this section, if the person cleans up

_8  and properly disposes of the litter.

_9      (((e))) (d) If a junk vehicle is abandoned in violation of this

10  section, RCW 46.55.230 governs the vehicle's removal, disposal,

11  and sale, and the penalties that may be imposed against the person

12  who abandoned the vehicle.

13      (3) If the violation occurs in a state park, the court shall,

14  in addition to any other penalties assessed, order the person to

15  perform twenty-four hours of community service in the state park

16  where the violation occurred if the state park has stated an

17  intent to participate as provided in RCW 79A.05.050.

18      (4) It is a class 1 civil infraction as provided in RCW

19  7.80.120 for a person to discard, in violation of this section, a

20  cigarette, cigar, or other tobacco product that is capable of

21  starting a fire.

     

22      Sec. 2.  RCW 70.95.240 and 2000 c 154 s 3 are each amended to read

23  as follows:

24      (1) After the adoption of regulations or ordinances by any

25  county, city, or jurisdictional board of health providing for the

26  issuance of permits as provided in RCW 70.95.160, it shall be

27  unlawful for any person to dump or deposit or permit the dumping

28  or depositing of any solid waste onto or under the surface of the

29  ground or into the waters of this state except at a solid waste

30  disposal site for which there is a valid permit.  This section does

31  not:

32      (a) Prohibit a person from dumping or depositing solid waste

33  resulting from his or her own activities onto or under the surface

34  of ground owned or leased by him or her when such action does not

35  violate statutes or ordinances, or create a nuisance;

36      (b) Apply to a person using a waste-derived soil amendment that

37  has been approved by the department under RCW 70.95.205; or

                               p. 3                       HB 1163

 

_1      (c) Apply to the application of commercial fertilizer that has

_2  been registered with the department of agriculture as provided in

_3  RCW 15.54.325, and that is applied in accordance with the

_4  standards established in RCW 15.54.800(3).

_5      (2)(a) It is a class 3 civil infraction as defined in RCW

_6  7.80.120 for a person to litter in an amount less than or equal to

_7  one cubic foot.

_8      (b) ((It is a class 1 civil infraction as defined in RCW

_9  7.80.120 for a person to litter in an amount greater than one

10  cubic foot in an unincorporated area of a county.  Unless suspended

11  or modified by a court, the person shall also pay a litter cleanup

12  fee of twenty-five dollars per cubic foot of litter.  The court may,

13  in addition to or in lieu of part or all of the cleanup fee, order

14  the person to pick up and remove litter from the property, with

15  prior permission of the legal owner or, in the case of public

16  property, of the agency managing the property.

17      (c))) It is a misdemeanor for a person to litter in an amount

18  greater than one cubic foot but less than one cubic yard ((in an

19  unincorporated area of a county)).  The person shall also pay a

20  litter cleanup restitution payment equal to twice the actual cost

21  of cleanup, or fifty dollars per cubic foot of litter, whichever

22  is greater.  The court shall distribute one-half of the restitution

23  payment to the landowner and one-half of the restitution payment

24  to the jurisdictional health department investigating the

25  incident.  The court may, in addition to or in lieu of part or all

26  of the cleanup restitution payment, order the person to pick up

27  and remove litter from the property, with prior permission of the

28  legal owner or, in the case of public property, of the agency

29  managing the property.  The court may suspend or modify the litter

30  cleanup restitution payment for a first-time offender under this

31  section, if the person cleans up and properly disposes of the

32  litter.

33      (((d))) (c) It is a gross misdemeanor for a person to litter in

34  an amount of one cubic yard or more ((in an unincorporated area of

35  a county)).  The person shall also pay a litter cleanup restitution

36  payment equal to twice the actual cost of cleanup, or one hundred

37  dollars per cubic foot of litter, whichever is greater.  The court

38  shall distribute one-half of the restitution payment to the

HB 1163                        p. 4

_1  landowner and one-half of the restitution payment to the

_2  jurisdictional health department investigating the incident.  The

_3  court may, in addition to or in lieu of part or all of the cleanup

_4  restitution payment, order the person to pick up and remove litter

_5  from the property, with prior permission of the legal owner or, in

_6  the case of public property, of the agency managing the property.

_7  The court may suspend or modify the litter cleanup restitution

_8  payment for a first-time offender under this section, if the

_9  person cleans up and properly disposes of the litter.

10      (((e))) (d) If a junk vehicle is abandoned in violation of this

11  chapter, RCW 46.55.230 governs the vehicle's removal, disposal,

12  and sale, and the penalties that may be imposed against the person

13  who abandoned the vehicle.

     

14      Sec. 3.  RCW 46.55.230 and 2000 c 154 s 4 are each amended to read

15  as follows:

16      (1) Notwithstanding any other provision of law, any law

17  enforcement officer having jurisdiction, or any employee or

18  officer of a jurisdictional health department acting pursuant to

19  RCW 70.95.240, or any person authorized by the director shall

20  inspect and may authorize the disposal of an abandoned junk

21  vehicle.  The person making the inspection shall record the make and

22  vehicle identification number or license number of the vehicle if

23  available, and shall also verify that the approximate value of the

24  junk vehicle is equivalent only to the approximate value of the

25  scrap in it.

26      (2) The law enforcement officer or department representative

27  shall provide information on the vehicle's registered and legal

28  owner to the landowner.

29      (3) Upon receiving information on the vehicle's registered and

30  legal owner, the landowner shall mail a notice to the registered

31  and legal owners shown on the records of the department.  The

32  notification shall describe the redemption procedure and the right

33  to arrange for the removal of the vehicle.

34      (4) If the vehicle remains unclaimed more than fifteen days

35  after the landowner has mailed notification to the registered and

36  legal owner, the landowner may dispose of the vehicle or sign an

37  affidavit of sale to be used as a title document.

                               p. 5                       HB 1163

 

_1      (5) If no information on the vehicle's registered and legal

_2  owner is found in the records of the department, the landowner may

_3  immediately dispose of the vehicle or sign an affidavit of sale to

_4  be used as a title document.

_5      (6)(((a) It is a class 1 civil infraction as defined in RCW

_6  7.80.120 for a person to abandon a junk vehicle on property

_7  located in an incorporated area.  If a junk vehicle is abandoned in

_8  an incorporated area, the landowner of the property upon which the

_9  junk vehicle is located is entitled to recover from the vehicle's

10  registered owner any costs incurred in the removal of the junk

11  vehicle.

12      (b))) It is a gross misdemeanor for a person to abandon a junk

13  vehicle on another's property ((located in an unincorporated

14  area)).  If a junk vehicle is abandoned ((in an unincorporated

15  area)), the vehicle's registered owner shall also pay a cleanup

16  restitution payment equal to twice the costs incurred in the

17  removal of the junk vehicle.  The court shall distribute one-half of

18  the restitution payment to the landowner of the property upon

19  which the junk vehicle is located, and one-half of the restitution

20  payment to the law enforcement agency or jurisdictional health

21  department investigating the incident.

22      (7) For the purposes of this section, the term "landowner"

23  includes a legal owner of private property, a person with

24  possession or control of private property, or a public official

25  having jurisdiction over public property.

26      (8) A person complying in good faith with the requirements of

27  this section is immune from any liability arising out of an action

28  taken or omission made in the compliance.

 

‑‑‑ END ‑‑‑

HB 1163                        p. 6