Okla. Stat. tit. 21, § 21-1761.1

prohibited - Penalties.

A. Any person who deliberately places, throws, drops, dumps,

deposits, or discards any garbage, trash, waste, rubbish, refuse,

debris, or other deleterious substance on any public property, on

any private property of another without consent of the property

owner or on his or her own private property in violation of any

county or state zoning or public health regulations shall, upon

conviction, be deemed guilty of a misdemeanor.

B. Any person convicted of violating the provisions of

subsection A of this section shall be punished by a fine of not less

than Five Hundred Dollars ($500.00) nor more than Five Thousand

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Dollars ($5,000.00) or by imprisonment in the county jail for not

more than thirty (30) days, or by both such fine and imprisonment.

C. Any person convicted of violating the provisions of

subsection A of this section with any flaming or glowing substance,

or any substance which may cause a fire shall be punished by a fine

of not less than Two Thousand Dollars ($2,000.00) nor more than Five

Thousand Dollars ($5,000.00) or by imprisonment in the county jail

for not more than sixty (60) days, or by both such fine and

imprisonment. 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. Any person violating the provisions of this

subsection shall be liable for all damages caused by the violation.

Damages shall be recoverable in any court of competent jurisdiction.

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

convicted of violating the provisions of subsection A of this

section with any flaming or glowing substances, or any substance

which may cause a fire shall be punished by a fine of not less than

Four Thousand Dollars ($4,000.00) nor more than Ten Thousand Dollars

($10,000.00) or by imprisonment in the county jail for not more than

one hundred twenty (120) days, or by both such fine and

imprisonment. 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. Any person violating the provisions of this

subsection shall be liable for all damages caused by the violation.

Damages shall be recoverable in any court of competent jurisdiction.

E. Any person convicted of violating the provisions of

subsection A of this section with any item of furniture, or item

that exceeds fifty (50) pounds, shall be punished by a fine of not

less than One Thousand Dollars ($1,000.00) nor more than Six

Thousand Five Hundred Dollars ($6,500.00) or by imprisonment in the

county jail for not more than sixty (60) days, or by both such fine

and imprisonment.

F. In addition to the penalty prescribed by subsection B of

this section, the court shall direct the person to make restitution

to the property owner affected; to remove and properly dispose of

the garbage, trash, waste, rubbish, refuse, or debris from the

property; to pick up, remove, and properly dispose of garbage,

trash, waste, rubbish, refuse, debris, and other nonhazardous

deleterious substances from public property; or perform community

service or any combination of the foregoing which the court, in its

discretion, deems appropriate. The dates, times, and locations of

such activities shall be scheduled by the sheriff pursuant to the

order of the court in such a manner as not to interfere with the

employment or family responsibilities of the person.

Oklahoma Statutes - Title 21. Crimes and Punishments Page 821

G. In addition to the penalty prescribed in subsection B of

this section and the restitution prescribed in subsection F of this

section, the court may order the defendant to pay into the reward
riff pursuant to the

order of the court in such a manner as not to interfere with the

employment or family responsibilities of the person.

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G. In addition to the penalty prescribed in subsection B of

this section and the restitution prescribed in subsection F of this

section, the court may order the defendant to pay into the reward

fund as prescribed in Section 1334 of Title 22 of the Oklahoma

Statutes an amount not to exceed Two Thousand Dollars ($2,000.00).

H. The discovery of two or more items which have been dropped,

dumped, deposited, discarded, placed, or thrown at one location and

which bear a common address in a form which tends to identify the

latest owner of the items shall create a rebuttable presumption that

any competent person residing at such address committed the unlawful

act. The discovery or use of such evidence shall not be sufficient

to qualify for the reward provided in Section 1334 of Title 22 of

the Oklahoma Statutes.

I. Any person may report a violation of this section, if

committed in his or her presence, to an officer of the State Highway

Patrol, a county sheriff or deputy, a municipal law enforcement

officer or any other peace officer in this state. The peace officer

shall then conduct an investigation into the allegations, if

warranted. If a violation of this section has in fact been

committed, and the peace officer has reasonable cause to believe a

particular person or persons have committed the violation, a report

shall be filed with the district attorney for prosecution.

J. Notwithstanding the provisions of subsection I of this

section, any peace officer of this state or of any political

subdivision of this state may issue a state traffic citation to any

person committing a violation of subsection A of this section. Such

state traffic citation shall be in an amount of not less than Five

Hundred Dollars ($500.00) nor more than Five Thousand Dollars

($5,000.00). The penalties collected from the payment of such

citations shall not include court costs and shall be divided as

follows:

1. One-half (1/2) shall be paid into the reward fund created

pursuant to Section 1334 of Title 22 of the Oklahoma Statutes;

provided that if the citation is issued by a peace officer of a

county of this state, the funds allocated by this paragraph shall be

transferred to the general fund of the county of the law enforcement

officer issuing the citation; and

2. One-half (1/2) shall be paid into the sheriff's service fee

account for that county to be used for enforcing provisions of this

section.

K. The amount of bail for littering offenses specified in

Section 1753.3 of this title and for trash dumping offenses

specified in this section shall be the amount of fine specified in

each statute plus costs including any penalty assessment, as well as

costs incurred in Section 1313.3 of Title 20 of the Oklahoma

Statutes.

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