Bill Text: OR HB2981 | 2011 | Regular Session | Introduced
Bill Title: Relating to offensive littering; declaring an emergency.
Spectrum: Bipartisan Bill
Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2981 Detail]
Download: Oregon-2011-HB2981-Introduced.html
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 1129
House Bill 2981
Sponsored by Representative WINGARD (at the request of Deputy
Emile Burley of Clackamas County Sheriff's Office) (Presession
filed.)
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.
Redesignates crime of offensive littering as offensive
littering in second degree. Punishes by maximum of $360 fine.
Creates offense of offensive littering in first degree when
cleanup cost is more than $50. Authorizes court to order
community service, which must include cleanup of litter.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to offensive littering; creating new provisions;
amending ORS 161.005, 164.805, 459.108 and 477.305; 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 - } { +
offense + } of offensive littering { + in the second degree + }
if { + :
(a) + } 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) - } { + (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 - } { + a + } public way or in or upon
{ - any - } { + a + } public transportation facility;
{ - (b) - } { + (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 - } { + a + } public way; or
{ - (c) - } { + (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 - } { + ; and
(b) The cost of cleanup is $50 or less + }.
{ + (2) Subsection (1)(a)(C) of this section 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) - } { + (3) + } As used in this section:
(a) 'Public transportation facility' has the meaning given that
term in ORS 164.365.
(b) '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. - } { + in the second degree is a Class B
violation. Upon a conviction for offensive littering in the
second degree, a court may order the offender to perform
community service pursuant to ORS 137.128 and 137.129. The
community service must include cleanup of litter.
(b) If the court orders community service, the community
service must be completed within six months after entry of the
order unless the offender shows good cause why community service
cannot be completed within the six-month time period. + }
SECTION 2. { + Section 3 of this 2011 Act is added to and made
a part of ORS chapter 164. + }
SECTION 3. { + (1) A person commits the crime of offensive
littering in the first degree if the person violates ORS 164.805
and the cost of cleanup is more than $50.
(2) Offensive littering in the first degree is a Class C
misdemeanor. + }
SECTION 4. ORS 161.005 is amended to read:
161.005. ORS 161.005 to 161.055, 161.085 to 161.125, 161.150 to
161.175, 161.190 to 161.275, 161.290 to 161.370, 161.405 to
161.485, 161.505 to 161.585, 161.605, 161.615 to 161.685, 161.705
to 161.737, 162.005, 162.015 to 162.035, 162.055 to 162.115,
162.135 to 162.205, 162.225 to 162.375, 162.405 to 162.425,
162.465, 163.005, 163.115, 163.125 to 163.145, 163.149, 163.160
to 163.208, 163.196, 163.215 to 163.257, 163.261, 163.263,
163.264, 163.266, 163.275, 163.285, 163.305 to 163.467, 163.432,
163.433, 163.505 to 163.575, 163.665 to 163.693, 164.005, 164.015
to 164.135, 164.138, 164.140, 164.205 to 164.270, 164.305 to
164.377, 164.395 to 164.415, 164.805, 164.857, 164.886, 165.002
to 165.102, 165.109, 165.118, 165.805, 166.005 to 166.095,
166.350, 166.382, 166.384, 166.660, 167.002 to 167.027, 167.054,
167.057, 167.060 to 167.100, 167.117, 167.122 to 167.162, 167.203
to 167.252, 167.310 to 167.340 and 167.350, 167.810 and 167.820
{ + and section 3 of this 2011 Act + } shall be known and may be
cited as Oregon Criminal Code of 1971.
SECTION 4. ORS 459.108 is amended to read:
459.108. (1) A city or county may impose a civil penalty to
enforce the requirements of an ordinance that prohibits any
action or conduct described in ORS 164.775, 164.785 or
164.805 { + or section 3 of this 2011 Act + }.
(2) An ordinance described in subsection (1) of this section
may establish a maximum or minimum amount for the civil penalty
imposed under the ordinance for each violation. The total amount
of the civil penalty may be increased to include all of the costs
incurred by the city or county in removing the refuse or
offensive substance unlawfully placed on property and in
eliminating the effects of such unlawful placement.
(3) A civil penalty imposed for violation of an ordinance
prohibiting any action or conduct described in ORS 164.775,
164.785 or 164.805 { + or section 3 of this 2011 Act + } shall
be an alternative to criminal enforcement of the ordinance. A
city or county that commences and maintains a civil action to
collect such a civil penalty from any person shall not cause a
criminal prosecution to be commenced or maintained against that
person for the same violation of the ordinance.
(4) When a city or county ordinance prohibits any action or
conduct that is described in ORS 164.775, 164.785 or 164.805 { +
or section 3 of this 2011 Act + }, a name found on various items
in a deposit of rubbish or other solid waste placed on land or in
water in violation of the ordinance constitutes rebuttable
evidence that the person whose name appears on the items has
violated the ordinance. However, the rebuttable presumption
created by this subsection exists only when a name on items
denotes ownership of the items, such as the name of an addressee
on an envelope.
SECTION 5. ORS 477.305 is amended to read:
477.305. The forester is authorized to enforce the provisions
of ORS 164.805 { + and section 3 of this 2011 Act + } insofar as
{ - such affects - } { + the provisions affect + } forestland
within forest protection districts established under this
chapter.
SECTION 6. { + Section 3 of this 2011 Act and the amendments
to ORS 164.805 by section 1 of this 2011 Act apply to conduct
occurring on or after the effective date of this 2011 Act. + }
SECTION 7. { + 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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