76th OREGON LEGISLATIVE ASSEMBLY--2011 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 2921
                        Corrected Sponsor
 
                         Senate Bill 607
 
Sponsored by COMMITTEE ON JUDICIARY (at the request of Deb
  Schallert)
 
 
                             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 as
introduced.
 
  Creates offense of unlawful disposal of tobacco product.
Punishes by maximum fine of $90.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to unlawful disposal of a tobacco product; amending ORS
  164.805; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. 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;
  (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 that the person is operating.
This subsection does 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) A person commits the offense of unlawful disposal of
a tobacco product if the person knowingly disposes of a cigarette
or cigar or the filter from a cigarette or cigar upon the land of
another without permission of the owner, or upon any public way
or in or upon any public transportation facility. + }
    { - (2) - }   { + (3) + } As used in this section:
   { +  (a) 'Cigar' has the meaning given that term in ORS
323.500.
  (b) 'Cigarette' has the meaning given that term in ORS
323.010. + }
    { - (a) - }   { + (c) + } 'Public transportation facility'
has the meaning given that term in ORS 164.365.
    { - (b) - }   { + (d) + } '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) - }   { + (4)(a) + } Offensive littering is a Class C
misdemeanor.
   { +  (b) Unlawful disposal of a tobacco product is a Class D
violation. + }
  SECTION 2.  { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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