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,
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.
(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 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 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. [Formerly 449.107; 1999 c.1051 §132; 2018 c.76 §18]
164.780 [1969 c.584 §5; repealed by 1971
c.743 §432]
Notes of Decisions
Cited in
5
cases (
2 in the last 5 years), 2007–2023 · leading case:
State v. Baca, 529 P.3d 242 (Or. Ct. App. 2023).
State v. Baca, 529 P.3d 242 (Or. Ct. App. 2023).
· cites it 7× “In addition to a trash pile roughly 20 feet from the tent and tarps, VanDrimmelen 1 ORS 164.775 provides, in part: “(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,…”
State v. Essex, 170 P.3d 1094 (Or. Ct. App. 2007).
· cites it 9× “ORS 164.775 provides, in part: “(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 *530 ORS 468B.”
State v. Corcilius, 430 P.3d 169 (Or. Ct. App. 2018).
“There, we held that the words "similar refuse" in subsection (2) of ORS 164.775, which makes it "unlawful for any person to discard any glass, cans or other similar refuse in any waters of the state, as [statutorily defined]," included fishing line and tackle discarded into the…”
State v. Baca (Or. Ct. App. 2023).
· cites it 7× “In addition to a trash pile roughly 20 feet from the tent and tarps, VanDrimmelen 1 ORS 164.775 provides, in part: “(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,…”
State v. Watters, 156 P.3d 145 (Or. Ct. App. 2007).
“was also convicted of offensive littering within 100 yards of a waterway, ORS 164.775, but he does not challenge that conviction on appeal.”
— Or. Rev. Stat. § 164.775(1) — 3 cases
State v. Baca, 529 P.3d 242 (Or. Ct. App. 2023).
“In addition to a trash pile roughly 20 feet from the tent and tarps, VanDrimmelen 1 ORS 164.775 provides, in part: “(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,…”
State v. Essex, 170 P.3d 1094 (Or. Ct. App. 2007).
“ORS 164.775 provides, in part: “(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 *530 ORS 468B.”
State v. Baca (Or. Ct. App. 2023).
“In addition to a trash pile roughly 20 feet from the tent and tarps, VanDrimmelen 1 ORS 164.775 provides, in part: “(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,…”
— Or. Rev. Stat. § 164.775(2) — 1 case
State v. Essex, 170 P.3d 1094 (Or. Ct. App. 2007).
“ORS 164.775 provides, in part: “(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 *530 ORS 468B.”
— Or. Rev. Stat. § 164.775(4)(b) — 1 case
State v. Essex, 170 P.3d 1094 (Or. Ct. App. 2007).
“ORS 164.775 provides, in part: “(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 *530 ORS 468B.”
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