_____________________________________________
SUBSTITUTE HOUSE BILL
1163
_____________________________________________
Passed Legislature ‑
2001 Regular Session
State of Washington 57th
Legislature 2001 Regular Session
By
READ
FIRST TIME 02/15/01. Changing provisions relating
to disposal of garbage and junk vehicles.
_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 property ((located in an unincorporated area of a
_8 county)).
In addition, no person shall throw, drop, deposit,
_9 discard,
or otherwise dispose of litter upon any public property
10 in the
state or upon private property in this state not owned by
11 him or
her or in the waters of this state whether from a vehicle
12 or
otherwise including but not limited to any public highway,
13 public
park, beach, campground, forest land, recreational area,
14 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 SHB 1163.PL
_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
SHB 1163.PL 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 SHB 1163.PL
_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
SHB 1163.PL 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 SHB 1163.PL
_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 property ((located in an unincorporated area)). If a
14 junk
vehicle is abandoned ((in an unincorporated area)), the
15 vehicle's
registered owner shall also pay a cleanup restitution
16 payment
equal to twice the costs incurred in the removal of the
17 junk
vehicle. The court shall distribute one-half of the
18 restitution
payment to the landowner of the property upon which
19 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 ‑‑‑
SHB 1163.PL p.
6
