Oklahoma § 21-1753.3 - Throwing, dropping, depositing or otherwise placing

§ 21-1753.3. Throwing, dropping, depositing or otherwise placing

litter upon highways, roads or public property - Penalties.

A. The operator of a vehicle, unless any other person in the

vehicle admits to or is identified as having committed the act,

shall be liable pursuant to subsection B of this section for any act

of throwing, dropping, depositing, or otherwise placing any litter

from a vehicle upon highways, roads, or public property.

B. Any person convicted of violating the provisions of

subsection A of this section shall be subject to a state traffic

offense punishable by a fine of not more than One Thousand Dollars

($1,000.00) and upon conviction shall be sentenced to perform not

less than five (5) nor more than twenty (20) hours of community

service in a litter abatement work program as approved by the court,

or the violator may be subject to criminal prosecution as provided

by the provisions of Section 1761.1 of this title. The penalties

collected from the payment of the citations shall, after deduction

of court costs, be paid into the reward fund created pursuant to

Section 1334 of Title 22 of the Oklahoma Statutes.

C. Any person convicted of violating the provisions of

subsection A of this section with any flaming or glowing substances

except those which by law may be placed upon highway rights-of-way,

or any substance which may cause a fire shall be subject to a state

traffic offense punishable by a fine of not more than Two Thousand

Dollars ($2,000.00) and, upon conviction, shall be sentenced to

perform not less than ten (10) nor more than forty (40) hours of

community service in a litter abatement work program as approved by

the court, or the violator may be subject to criminal prosecution as

provided by the provisions of Section 1761.1 of this title. The

penalties collected from the payment of the citations shall, after

Oklahoma Statutes - Title 21. Crimes and Punishments

deduction of court costs, be paid to the fire department of the

district in which the flaming or glowing substance was discarded.

D. During a declared burn ban by the Governor, any person

convicted of violating the provisions of subsection A of this

section with any flaming or glowing substances except those which by

law may be placed upon highway rights-of-way, or any substance which

may cause a fire shall be subject to a state traffic offense

punishable by a fine of not more than Four Thousand Dollars

($4,000.00) and, upon conviction, shall be sentenced to perform not

less than twenty (20) nor more than eighty (80) hours of community

service in a litter abatement work program as approved by the court,

or the violator may be subject to criminal prosecution as provided

by the provisions of Section 1761.1 of this title. The penalties

collected from the payment of the citations shall, after deduction

of court costs, be paid to the fire department of the district in

which the flaming or glowing substance was discarded.

E. As used in this section, “litter” means any flaming or

glowing substances except those which by law may be placed upon

highway rights-of-way, any substance which may cause a fire, any

bottles, cans, trash, garbage, or debris of any kind. As used in

this section, “litter” shall not include trash, garbage, or debris

placed beside a public road for collection by a garbage or

collection agency, or deposited upon or within public property

designated by the state or by any of its agencies or political

subdivisions as an appropriate place for such deposits if the person

making the deposit is authorized to use the property for such

purpose.

Added by Laws 1957, p. 165, § 1. Amended by Laws 1983, c. 54, § 1,

operative Nov. 1, 1983; Laws 1988, c. 115, § 4, eff. Nov. 1, 1988;

Laws 1994, c. 338, § 1, emerg. eff. June 8, 1994; Laws 1996, c. 299,

§ 1, emerg. eff. June 10, 1996; Laws 1999, c. 364, § 1, eff. July 1,

1999; Laws 2006, c. 268, § 2, eff. Nov. 1, 2006.