Chapter 6.16 LITTERING

Chapter 6.16
LITTERING

Sections:

6.16.030 Placing signs and other objects on streets.

6.16.060 Prima facie evidence of illegal deposition.

6.16.010 Littering prohibited.

No person shall throw, drop, deposit, discard, or otherwise dispose of litter upon any public property in the city or upon private property in the city not owned by him or her or in the waters of this state whether from a vehicle or otherwise including but not limited to any public highway, public park, beach, campground, forest land, recreational area, trailer park, highway, road, street, or alley. (Ord. 1365 § 2, 2004).

6.16.020 Exceptions to prohibition.

(1) Discard or disposal of litter into a litter receptacle in a manner that will prevent litter from being carried away or deposited by the elements upon any part of the private or public property or waters.

(2) Discard or disposal of litter on property so designated by the city for that purpose if the person disposing of litter is authorized to use such property for that purpose. (Ord. 1365 § 3, 2004).

6.16.030 Placing signs and other objects on streets.

No person shall place any signs, indicators, advertisements, stakes, posts or any other foreign objects upon a street or right-of-way in the city of Oak Harbor, without the express permission of the chief of police. (Ord. 120 § 3, 1957).

6.16.060 Prima facie evidence of illegal deposition.

Identification of the owner and location of any garbage, debris, or waste material upon public property or upon private property adjoining any street in this city shall be considered as prima facie evidence of its having been illegally deposited upon the public or private property by the identified owner of the debris, waste material, etc., as designated above. (Ord. 120 § 6, 1957).

6.16.070 Penalty for violations.

(1) Except as provided in subsection (4) of this section, it is a Class 3 civil infraction as defined in Chapter 1.28 OHMC for a person to litter in an amount less than or equal to one cubic foot.

(2) It is a misdemeanor for a person to litter in an amount greater than one cubic foot but less than one cubic yard. The person shall also pay a litter cleanup restitution payment equal to twice the actual cost of cleanup, or $50.00 per cubic foot of litter, whichever is greater. The court shall distribute one-half of the restitution payment to the landowner and one-half of the restitution payment to the law enforcement agency investigating the incident. The court may, in addition to or in lieu of part or all of the cleanup restitution payment, order the person to pick up and remove litter from the property, with prior permission of the legal owner or, in the case of public property, of the agency managing the property. The court may suspend or modify the litter cleanup restitution payment for a first-time offender under this section, if the person cleans up and properly disposes of the litter.

(3) It is a gross misdemeanor for a person to litter in an amount of one cubic yard or more. The person shall also pay a litter cleanup restitution payment equal to twice the actual cost of cleanup, or $100.00 per cubic foot of litter, whichever is greater. The court shall distribute one-half of the restitution payment to the landowner and one-half of the restitution payment to the law enforcement agency investigating the incident. The court may, in addition to or in lieu of part or all of the cleanup restitution payment, order the person to pick up and remove litter from the property, with prior permission of the legal owner or, in the case of public property, of the agency managing the property. The court may suspend or modify the litter cleanup restitution payment for a first-time offender under this section, if the person cleans up and properly disposes of the litter.

(4) It is a Class 1 infraction as defined in Chapter 1.28 OHMC for a person to discard, in violation of this chapter, a cigarette, cigar or other tobacco product that is capable of starting a fire. (Ord. 1717 § 16, 2015; Ord. 1365 § 6, 2004; Ord. 120 § 7, 1957).