164.805
Offensive littering.
(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 Department of Transportation or a person operating a school bus described
under ORS 801.460.
(2) 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) Offensive
littering is a Class C misdemeanor. [1971 c.743 §283; 1975 c.344 §2; 1983 c.338
§897; 1985 c.420 §20; 2007 c.71 §52; 2015 c.138 §2]
164.810 [Repealed by 1971 c.743 §432]
UNLAWFUL TRANSPORT
Notes of Decisions
Cited in
9
cases (
2 in the last 5 years), 1985–2024 · leading case:
State v. Corcilius, 430 P.3d 169 (Or. Ct. App. 2018).
State v. Corcilius, 430 P.3d 169 (Or. Ct. App. 2018).
· cites it 24× “" Although we focus this part of the discussion on the meaning of "discarding or depositing," we are mindful that those words must be considered in relation to things that must be discarded or deposited to run afoul of ORS 164.805 (1)(a) -"rubbish, trash, garbage, debris or…”
Conant v. Stroup, 51 P.3d 1263 (Or. Ct. App. 2002).
“015(10) (a “public” place is “a place to which the general public has access”); ORS 164.805(2) (a “public” way includes roads, streets, and other facilities operated “for the use by the general public”); ORS 167.”
State v. Barrett, 460 P.3d 93 (Or. Ct. App. 2020).
“Defendant does not appeal from the judgment of conviction for offensive littering, ORS 164.805. Cite as 302 Or App 23 (2020) 27 residing in downtown Portland.”
State v. Essex, 170 P.3d 1094 (Or. Ct. App. 2007).
“Of similar proscriptive breadth is ORS 164.805(l)(a), which describes the crime of “offensive littering” as including the “[d]isearding or depositing [of] any rubbish, trash, garbage, debris or other refuse” on the land of another under designated circumstances.”
United States v. Herring, 35 F. Supp. 2d 1253 (D. Or. 1999).
“As the car pulled to the curb and stopped, the officers observed defendant Ervan Ronnell Herring, who was in the front passenger seat, toss a cigarette out of the car window, in violation of ORS 164.805 (offensive littering). Under Oregon law, offensive littering is a Class C…”
State v. Black, 932 P.2d 554 (Or. Ct. App. 1997).
“The state appeals a trial court order granting defendant’s motion to suppress evidence obtained during a stop, in which a police officer was investigating the crime of illegal dumping, ORS 164.805, and which led to defendant’s arrest for driving while under the influence of…”
State v. Othman, 496 P.3d 1155 (Or. Ct. App. 2021).
“Othman PER CURIAM Defendant, who pleaded guilty to offensive litter- ing, ORS 164.805, appeals a supplemental judgment impos- ing restitution in the amount of $1,047.”
State v. Thompson (A181188), 334 Or. App. 16 (Or. Ct. App. 2024).
“715, and offensive littering, ORS 164.805. The trial court sen- tenced defendant to 60 days in jail.”
State v. Davis, 695 P.2d 572 (Or. 1985).
“A court could assume such control for five years over a person found guilty of offensive littering, ORS 164.805, or transporting hay without having in his possession a certificate from the producer, ORS 164.”
— Or. Rev. Stat. § 164.805(1) — 1 case
State v. Corcilius, 430 P.3d 169 (Or. Ct. App. 2018).
“" Although we focus this part of the discussion on the meaning of "discarding or depositing," we are mindful that those words must be considered in relation to things that must be discarded or deposited to run afoul of ORS 164.805 (1)(a) -"rubbish, trash, garbage, debris or…”
— Or. Rev. Stat. § 164.805(1)(a) — 1 case
State v. Corcilius, 430 P.3d 169 (Or. Ct. App. 2018).
“" Although we focus this part of the discussion on the meaning of "discarding or depositing," we are mindful that those words must be considered in relation to things that must be discarded or deposited to run afoul of ORS 164.805 (1)(a) -"rubbish, trash, garbage, debris or…”
— Or. Rev. Stat. § 164.805(2) — 1 case
Conant v. Stroup, 51 P.3d 1263 (Or. Ct. App. 2002).
“015(10) (a “public” place is “a place to which the general public has access”); ORS 164.805(2) (a “public” way includes roads, streets, and other facilities operated “for the use by the general public”); ORS 167.”
— Or. Rev. Stat. § 164.805(2)(b) — 1 case
State v. Corcilius, 430 P.3d 169 (Or. Ct. App. 2018).
“" Although we focus this part of the discussion on the meaning of "discarding or depositing," we are mindful that those words must be considered in relation to things that must be discarded or deposited to run afoul of ORS 164.805 (1)(a) -"rubbish, trash, garbage, debris or…”
— Or. Rev. Stat. § 164.805(a) — 1 case
State v. Corcilius, 430 P.3d 169 (Or. Ct. App. 2018).
“" Although we focus this part of the discussion on the meaning of "discarding or depositing," we are mindful that those words must be considered in relation to things that must be discarded or deposited to run afoul of ORS 164.805 (1)(a) -"rubbish, trash, garbage, debris or…”
— Or. Rev. Stat. § 164.805(l)(a) — 1 case
State v. Essex, 170 P.3d 1094 (Or. Ct. App. 2007).
“Of similar proscriptive breadth is ORS 164.805(l)(a), which describes the crime of “offensive littering” as including the “[d]isearding or depositing [of] any rubbish, trash, garbage, debris or other refuse” on the land of another under designated circumstances.”
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