{"data":{"id":"us-ok/okla.-stat.-tit.-21-21-1761.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 21, § 21-1761.1","heading":"Dumping of trash on public or private property","body":"prohibited - Penalties.\n\nA. Any person who deliberately places, throws, drops, dumps,\n\ndeposits, or discards any garbage, trash, waste, rubbish, refuse,\n\ndebris, or other deleterious substance on any public property, on\n\nany private property of another without consent of the property\n\nowner or on his or her own private property in violation of any\n\ncounty or state zoning or public health regulations shall, upon\n\nconviction, be deemed guilty of a misdemeanor.\n\nB. Any person convicted of violating the provisions of\n\nsubsection A of this section shall be punished by a fine of not less\n\nthan Five Hundred Dollars ($500.00) nor more than Five Thousand\n\nDollars ($5,000.00) or by imprisonment in the county jail for not\n\nmore than thirty (30) days, or by both such fine and imprisonment.\n\nC. Any person convicted of violating the provisions of\n\nsubsection A of this section with any flaming or glowing substance,\n\nor any substance which may cause a fire shall be punished by a fine\n\nof not less than Two Thousand Dollars ($2,000.00) nor more than Five\n\nThousand Dollars ($5,000.00) or by imprisonment in the county jail\n\nfor not more than sixty (60) days, or by both such fine and\n\nimprisonment. The penalties collected from the payment of the\n\ncitations shall, after deduction of court costs, be paid to the fire\n\ndepartment of the district in which the flaming or glowing substance\n\nwas discarded. Any person violating the provisions of this\n\nsubsection shall be liable for all damages caused by the violation.\n\nDamages shall be recoverable in any court of competent jurisdiction.\n\nD. During a burn ban declared by the Governor, any person\n\nconvicted of violating the provisions of subsection A of this\n\nsection with any flaming or glowing substances, or any substance\n\nwhich may cause a fire shall be punished by a fine of not less than\n\nFour Thousand Dollars ($4,000.00) nor more than Ten Thousand Dollars\n\n($10,000.00) or by imprisonment in the county jail for not more than\n\none hundred twenty (120) days, or by both such fine and\n\nimprisonment. The penalties collected from the payment of the\n\ncitations shall, after deduction of court costs, be paid to the fire\n\ndepartment of the district in which the flaming or glowing substance\n\nwas discarded. Any person violating the provisions of this\n\nsubsection shall be liable for all damages caused by the violation.\n\nDamages shall be recoverable in any court of competent jurisdiction.\n\nE. Any person convicted of violating the provisions of\n\nsubsection A of this section with any item of furniture, or item\n\nthat exceeds fifty (50) pounds, shall be punished by a fine of not\n\nless than One Thousand Dollars ($1,000.00) nor more than Six\n\nThousand Five Hundred Dollars ($6,500.00) or by imprisonment in the\n\ncounty jail for not more than sixty (60) days, or by both such fine\n\nand imprisonment.\n\nF. In addition to the penalty prescribed by subsection B of\n\nthis section, the court shall direct the person to make restitution\n\nto the property owner affected; to remove and properly dispose of\n\nthe garbage, trash, waste, rubbish, refuse, or debris from the\n\nproperty; to pick up, remove, and properly dispose of garbage,\n\ntrash, waste, rubbish, refuse, debris, and other nonhazardous\n\ndeleterious substances from public property; or perform community\n\nservice or any combination of the foregoing which the court, in its\n\ndiscretion, deems appropriate. The dates, times, and locations of\n\nsuch activities shall be scheduled by the sheriff pursuant to the\n\norder of the court in such a manner as not to interfere with the\n\nemployment or family responsibilities of the person.\n\nG. In addition to the penalty prescribed in subsection B of\n\nthis section and the restitution prescribed in subsection F of this\n\nsection, the court may order the defendant to pay into the reward\nriff pursuant to the\n\norder of the court in such a manner as not to interfere with the\n\nemployment or family responsibilities of the person.\n\nG. In addition to the penalty prescribed in subsection B of\n\nthis section and the restitution prescribed in subsection F of this\n\nsection, the court may order the defendant to pay into the reward\n\nfund as prescribed in Section 1334 of Title 22 of the Oklahoma\n\nStatutes an amount not to exceed Two Thousand Dollars ($2,000.00).\n\nH. The discovery of two or more items which have been dropped,\n\ndumped, deposited, discarded, placed, or thrown at one location and\n\nwhich bear a common address in a form which tends to identify the\n\nlatest owner of the items shall create a rebuttable presumption that\n\nany competent person residing at such address committed the unlawful\n\nact. The discovery or use of such evidence shall not be sufficient\n\nto qualify for the reward provided in Section 1334 of Title 22 of\n\nthe Oklahoma Statutes.\n\nI. Any person may report a violation of this section, if\n\ncommitted in his or her presence, to an officer of the State Highway\n\nPatrol, a county sheriff or deputy, a municipal law enforcement\n\nofficer or any other peace officer in this state. The peace officer\n\nshall then conduct an investigation into the allegations, if\n\nwarranted. If a violation of this section has in fact been\n\ncommitted, and the peace officer has reasonable cause to believe a\n\nparticular person or persons have committed the violation, a report\n\nshall be filed with the district attorney for prosecution.\n\nJ. Notwithstanding the provisions of subsection I of this\n\nsection, any peace officer of this state or of any political\n\nsubdivision of this state may issue a state traffic citation to any\n\nperson committing a violation of subsection A of this section. Such\n\nstate traffic citation shall be in an amount of not less than Five\n\nHundred Dollars ($500.00) nor more than Five Thousand Dollars\n\n($5,000.00). The penalties collected from the payment of such\n\ncitations shall not include court costs and shall be divided as\n\nfollows:\n\n1. One-half (1/2) shall be paid into the reward fund created\n\npursuant to Section 1334 of Title 22 of the Oklahoma Statutes;\n\nprovided that if the citation is issued by a peace officer of a\n\ncounty of this state, the funds allocated by this paragraph shall be\n\ntransferred to the general fund of the county of the law enforcement\n\nofficer issuing the citation; and\n\n2. One-half (1/2) shall be paid into the sheriff's service fee\n\naccount for that county to be used for enforcing provisions of this\n\nsection.\n\nK. The amount of bail for littering offenses specified in\n\nSection 1753.3 of this title and for trash dumping offenses\n\nspecified in this section shall be the amount of fine specified in\n\neach statute plus costs including any penalty assessment, as well as\n\ncosts incurred in Section 1313.3 of Title 20 of the Oklahoma\n\nStatutes.","path":["OK Code","Title 21"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os21.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"daa646200ef6894883732060aa1903d18fea58fb2bc41ae60fc963b983e5bb66","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-21-21-1761","next":"us-ok/okla.-stat.-tit.-21-21-1762"},"notice":"GroundRules: Original legal text. Not legal advice."}
