71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3933
A-Engrossed
House Bill 2008
Ordered by the House April 18
Including House Amendments dated April 18
Sponsored by Representative SIMMONS
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Increases penalties for littering on beaches.
A BILL FOR AN ACT
Relating to littering; amending ORS 164.775 and 164.805.
Whereas 17 legislative sessions ago Governor Tom McCall and the
Fifty-fourth Legislative Assembly enacted legislation granting
free public access to all of Oregon's beaches; and
Whereas Oregon is the only west coast state with free public
access to all of its beaches; and
Whereas our beaches continue to remain accessible to all
citizens today; and
Whereas the Seventy-first Legislative Assembly recognizes the
efforts of visionary leaders who have worked diligently for the
public good; now, therefore,
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 164.775 is amended to read:
164.775. (1) It is unlawful for any person to discard any
glass, cans or other trash, rubbish, debris or litter on land
within 100 yards of any of the waters of the state, as defined in
ORS 468B.005, other than in receptacles provided for the purpose
of holding such trash, rubbish, debris or litter.
(2) It is unlawful for any person to discard any glass, cans or
other similar refuse in any waters of the state, as defined in
ORS 468.700.
(3) In addition to or in lieu of the penalties provided for
violation of any provision of this section, the court in which
any individual is convicted of a violation of this section may
order suspension of certain permits or licenses for a period not
to exceed 90 days if the court finds that the violation occurred
during or in connection with the exercise of the privilege
granted by the permit or license. The permits and licenses to
which this section applies are motor vehicle operator's permits
or licenses, hunting licenses, fishing licenses { + , except for
commercial fishing licenses, + } or boat registrations.
(4)(a) Any person sentenced under subsection (6) of this
section to pay a fine for violation of this section shall be
permitted, in default of the payment of the fine, to work at
clearing rubbish, trash and debris from the lands and waters
described by subsections (1) and (2) of this section. Credit in
compensation for such work shall be allowed at the rate of $25
for each day of work.
(b) In any case, upon conviction, if punishment by imprisonment
is imposed upon the defendant, the form of the sentence shall
include that the defendant shall be punished by confinement at
labor clearing rubbish, trash and debris from the lands and
waters described by subsections (1) and (2) of this section, for
not less than one day nor more than five days.
(5) A citation conforming to the requirements of ORS 133.066
shall be used for all violations of subsection (1) or (2) of this
section in the state.
(6) { + (a) + } Violation of this section is a Class B
misdemeanor.
{ + (b) Notwithstanding ORS 161.635, the maximum fine that
may be imposed upon conviction for a violation of this section is
$4,000 if the land on which the material is discarded is an ocean
beach or if the waters into which the material is discarded is
the ocean. + }
(7) In addition to and not in lieu of the criminal penalty
authorized by subsection (6) of this section, the civil penalty
authorized by ORS 468.140 may be imposed for violation of this
section.
(8) Nothing in this section or ORS 164.785 prohibits the
operation of a disposal site, as defined in ORS 459.005, for
which a permit is required by the Department of Environmental
Quality, for which such a permit has been issued and which is
being operated and maintained in accordance with the terms and
conditions of such permit.
SECTION 2. ORS 164.805 is amended to read:
164.805. (1) A person commits the crime of offensive littering
if the person creates an objectionable stench or degrades the
beauty or appearance of property or detracts from the natural
cleanliness or safety of property by intentionally:
(a) Discarding or depositing any rubbish, trash, garbage,
debris or other refuse upon the land of another without
permission of the owner, or upon any public way or in or upon any
public transportation facility; or
(b) Draining, or causing or permitting to be drained, sewage or
the drainage from a cesspool, septic tank, recreational or
camping vehicle waste holding tank or other contaminated source,
upon the land of another without permission of the owner, or upon
any public way; or
(c) Permitting any rubbish, trash, garbage, debris or other
refuse to be thrown from a vehicle which the person is operating;
except that this subsection shall not apply to a person operating
a vehicle transporting passengers for hire subject to regulation
by the Interstate Commerce Commission or the Department of
Transportation or a person operating a school bus described under
ORS 801.460.
(2) As used in this section, 'public way' includes, but is not
limited to, roads, streets, alleys, lanes, trails, beaches, parks
and all recreational facilities operated by the state, a county
or a local municipality for use by the general public.
(3) As used in this section, 'public transportation facility'
has the meaning provided for in ORS 164.365.
(4) { + (a) + } Offensive littering is a Class C misdemeanor.
{ + (b) Notwithstanding ORS 161.635, the maximum fine that
may be imposed upon conviction for offensive littering is $2,000
if the public way upon which the material is discarded, deposited
or drained is an ocean beach. + }
----------