Offenses Against Property

ORS 164.775
Deposit of trash within 100 yards of waters or in waters

  • license suspensions
  • civil penalties
  • credit for work in lieu of fine

(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 (Definitions for water pollution control laws), 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 468B.005 (Definitions for water pollution control laws).

(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 hunting licenses, 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 (Criminal citations generally) shall be used for all violations of subsection (1) or (2) of this section in the state.

(6)

Violation of this section is a Class B misdemeanor.

(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 (Civil penalties for specified violations) may be imposed for violation of this section.

(8)

Nothing in this section or ORS 164.785 (Placing offensive substances in waters, on highways or other property) prohibits the operation of a disposal site, as defined in ORS 459.005 (Definitions for ORS 459), 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. [Formerly 449.107; 1999 c.1051 §132; 2018 c.76 §18]

See also annotations under ORS 449.107 in permanent edition.

Notes of Decisions

Object may be “similar refuse” if discarded as though worthless, regardless of whether object has inherent value in different context. State v. Essex, 215 Or App 527, 170 P3d 1094 (2007)

Source

Last accessed
Mar. 11, 2023

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