Chapter 8.16 LITTER CONTROL

A. “Aircraft” is any contrivance now known or hereafter invented, used or designated for navigation or for flight in the air. The word “aircraft” includes helicopters and lighter-than-air dirigibles and balloons.

B. “Authorized private receptacle” is a litter storage and collection receptacle.

C. Repealed by Ord. 2003-22.

D. “Commercial handbill” is any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature:

1. Which advertises for sale any merchandise, product, commodity, or thing; or

2. Which directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales; or

3. Which directs attention to or advertises any meeting, theatrical performance, exhibition, or event of any kind, for which an admission fee is charged for the purpose of private gain or profit, but the terms of this clause shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition, or event of any kind, when either of the same is held, given or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order; provided, that nothing contained in this subdivision shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition, or event of any kind, without a license, where such a license is or may be required by any law of this state or under any ordinance of this city;

4. Which, while containing reading matter other than advertising matter, is predominantly and essentially an advertisement, and is distributed or circulated for advertising purposes, or for the private benefit and gain of any person so engaged as advertiser or distributor.

E. “Garbage” is putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.

F. “Litter” is garbage, refuse, and rubbish, as defined in this section, and all other waste material which, if thrown or deposited as prohibited in this chapter, tends to create a danger to public health, safety and welfare.

G. “Newspaper” is any newspaper of general circulation as defined by general law, any newspaper duly entered with the Post Office Department of the United States, in accordance with federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law; and, in addition thereto, means and includes any periodical or current regularly published with not less than four issues per year, and sold to the public.

H. “Noncommercial handbill” is any printed or written matter, any sample, or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature not included in the aforesaid definitions of a commercial handbill or newspaper.

I. “Park” is a park, reservation, playground, beach, recreation center or any other public area in the city, owned or used by the city and devoted to active or passive recreation.

J. Repealed by Ord. 2003-22.

K. “Private premises” is any dwelling, house, building, or other structure, designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and includes any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building, or other structure.

L. “Public place” is any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds, and buildings.

M. “Refuse” is all putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and solid market and industrial wastes.

N. “Rubbish” is nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.

O. “Vehicle” is every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks. (Ord. 2003-24 § 20, 2003; Ord. 2003-22 § 10, 2003; Ord. 66-09 § 2, 1966)

8.16.030 Litter in public places.

No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the city except in public receptacles, in authorized private receptacles for collection, or in official city dumps. (Ord. 66-09 § 3, 1966)

8.16.040 Placement of litter in receptacles to prevent scattering.

Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property. (Ord. 66-09 § 4, 1966)

8.16.050 Sweeping litter into gutters prohibited.

No person shall sweep into or deposit in any gutter, street, or other public place within the city the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter. (Ord. 66-09 § 5, 1966)

8.16.060 Merchants’ duty to keep sidewalks free of litter.

No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the city the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of business within the city shall keep the sidewalk in front of their business premises free of litter. (Ord. 66-09 § 6, 1966)

8.16.070 Litter thrown by persons in vehicles.

No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the city, or upon private property. (Ord. 66-09 § 7, 1966)

8.16.080 Truck loads causing litter.

No person shall drive or move any truck or other vehicle within the city unless such vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public place, nor shall any person drive or move any vehicle or truck within the city, the wheels or tires of which carry into or deposit in any street, alley or other public place, mud, dirt, sticky substances, litter or foreign matter of any kind. (Ord. 66-09 § 8, 1966)

8.16.090 Litter in parks.

No person shall throw or deposit litter in any park within the city except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided in this chapter. (Ord. 66-09 § 9, 1966)

8.16.100 Litter in lakes and fountains.

No person shall throw or deposit litter in any fountain, pond, lake, stream, bay or any other body of water in a park or elsewhere within the city. (Ord. 66-09 § 10, 1966)

8.16.105 Release of balloons into the environment.

No person shall release any balloon into the environment within or from the city of Bainbridge Island for any purpose, including but not limited to as part of a private, public, or civic event or celebration; promotional activity; or product advertisement. (Ord. 2017-20 § 1, 2017)

8.16.110 Throwing or distributing commercial handbills in public places.

No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street, or other public place within the city, nor shall any person hand out or distribute or sell any commercial handbill in any public place; provided, however, that it shall not be unlawful on any sidewalk, street, or other public place within the city for a person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill to any person willing to accept it. (Ord. 66-09 § 11, 1966)

8.16.120 Placing commercial and noncommercial handbills on vehicles.

No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle; provided, however, that it shall not be unlawful in any public place for a person to hand out or distribute without charge to the receiver thereof, a noncommercial handbill to any occupant of a vehicle who is willing to accept it. (Ord. 66-09 § 12, 1966)

8.16.130 Depositing commercial and noncommercial handbills on uninhabited or vacant premises.

No person shall throw or deposit any commercial or noncommercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant. (Ord. 66-09 § 13, 1966)

8.16.140 Prohibiting distribution of handbills where properly posted.

No person shall throw, deposit or distribute any commercial or noncommercial handbill upon any private premises, if requested by anyone thereon not to do so, or if there is placed on the premises in a conspicuous position near the entrance thereof, a sign bearing the words, “No Trespassing,” “No Peddlers or Agents,” “No Advertisement,” or any similar notice, indicating in any matter that the occupants of the premises do not desire to be molested or have their right of privacy disturbed, or to have any such handbills left upon such premises. (Ord. 66-09 § 14, 1966)

8.16.150 Distributing commercial and noncommercial handbills at inhabited private premises.

A. No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private premises which are inhabited, except by handling or transmitting any such handbill directly to the owner, occupant, or other person then present in or upon such private premises; provided, however, that in case of inhabited private premises which are not posted, as provided in this chapter, such person, unless requested by anyone upon such premises not to do so, may place or deposit any such handbill in or upon such inhabited private premises, if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or sidewalks, streets, or other public places, and except that mailboxes may not be so used when so prohibited by federal postal law or regulations.

B. Exemption for Mail and Newspapers. The provisions of this section shall not apply to the distribution of mail by the United States, nor to newspapers, as defined in Section 8.16.020, except that newspapers shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property. (Ord. 66-09 § 15, 1966)

8.16.160 Dropping litter from aircraft.

No person in an aircraft shall throw out, drop or deposit within the city any litter, handbill or any other object. (Ord. 66-09 § 16, 1966)

8.16.170 Posting notices prohibited.

No person shall post or affix any notice, poster or other paper or device, calculated to attract the attention of the public, to any lamppost, public utility pole, traffic device or sign, or shade tree, or upon any public structure or building, except as may be authorized or required by law. (Ord. 90-10 § 1, 1990: Ord. 66-09 § 17, 1966)

8.16.180 Litter on occupied private property.

No person shall throw or deposit litter on any occupied private property within the city, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon the street, sidewalk or other public place or upon any private property. (Ord. 66-09 § 18, 1966)

8.16.190 Owner to maintain premises free of litter.

The owner or person in control of any private property shall at all times maintain the premises free of litter; provided, however, that this section shall not prohibit the storage of litter in authorized private receptacles for collection. (Ord. 66-09 § 19, 1966)

8.16.200 Litter on vacant lots.

No person shall throw or deposit litter on any open or vacant private property within the city whether owned by such person or not. (Ord. 66-09 § 20, 1966)

8.16.210 Litter on open private property – Notice to remove.

The city marshal is authorized and empowered to notify the owner of any open or vacant private property within the city or the agent of such owner to properly dispose of litter located on such owner’s property which is dangerous to public health, safety or welfare. Such notice shall be by registered mail, addressed to the owner at his last known address. (Ord. 66-09 § 21(a), 1966)

8.16.220 Litter on open private property – Action upon failure to remove.

Upon the failure, neglect or refusal of any owner or agent so notified, to properly dispose of litter dangerous to the public health, safety or welfare within 10 days after receipt of written notice provided for in Section 8.16.210, or within 10 days after the date of such notice in the event the same is returned to the city post office department because of its inability to make delivery thereof; provided, the same was properly addressed to the last known address of such owner, or agent, the city marshal is authorized and empowered to pay for the disposing of such litter or to order its disposal by the city. (Ord. 66-09 § 21(b), 1966)

8.16.230 Litter on open private property – Unpaid removal charges to become lien against premises – Recorded statement constitutes lien.

Where the full amount due the city is not paid by such owner within 15 days after the disposal of such litter, as provided for in Sections 8.16.210 and 8.16.220, then, and in that case, the city shall cause to be recorded, in the office of the county auditor, a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which the work was done. The recordation of such sworn statement shall constitute a lien and privilege on the property, and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection, until final payment has been made. The costs and expenses shall be collected in the manner fixed by law. Sworn statements recorded in accordance with the provisions of this chapter shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily, and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law. (Ord. 66-09 § 21(c), 1966)

8.16.240 Violation – Penalty.

Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not exceeding $500.00, or be imprisoned in the county jail for a period not exceeding six months, or be both so fined and imprisoned. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such under this section. (Ord. 66-09 § 22, 1966)