IX. Miscellaneous
Chapter 9.64
UNIFORM LITTER CONTROL CODE
Sections:
9.64.010 Short title.
This chapter shall be known and may be commonly referred to as the “uniform litter control code.” (Ord. 498 (part), 1983)
9.64.020 Purpose.
The purpose of this chapter is to accomplish litter control in the city of Battle Ground. This chapter is intended to place upon all persons within the city of Battle Ground the duty of contributing to the public cleanliness and appearance of the city of Battle Ground in order to promote the public health, safety and welfare and to protect the economic interests of the citizens of the city of Battle Ground against unsanitary and unsightly conditions. It is further the intent of this chapter to protect the citizens of the city of Battle Ground against the health and safety menace and the expense incident to littering. (Ord. 498 (part), 1983)
9.64.030 Definitions.
Unless the context clearly indicates otherwise, the terms in this code are defined in RCW 70.93.030(4). (Ord. 498 (part), 1983)
9.64.040 Litter in general.
No person shall throw, drop, deposit, discard or otherwise dispose of litter, as that term is defined in RCW 70.93.030(4), upon any public place in the city of Battle Ground or upon any private property not owned by him, or in any waters within the jurisdiction of the city of Battle Ground, whether from a vehicle or otherwise, including, but not limited to, any sidewalk, street, alley, highway or park, except:
A. When such property is designated by the state or by any of its agencies or the city of Battle Ground for disposal of garbage and refuse, and such person is authorized by the proper public authority to so use such property; or
B. Into a litter receptacle or other container in such manner that the litter will be prevented from being carried away or deposited by the elements upon any part of said public place or any private property; or
C. When such person is the owner or does have control or custody of the property, or has prior consent of the owner or tenant in lawful possession of such property, or unless the act is done under the personal direction of said owner or tenant, and provided said litter will not cause a public nuisance or be in violation of any other state or local laws, rules or regulations. (Ord. 498 (part), 1983)
9.64.050 Violations.
A. Civil Penalties. Any person who violates the provisions of this chapter shall be subject to a penalty in the amount of not less than fifty dollars and not more than two hundred fifty dollars.
B. Misdemeanor. In addition to the penalty imposed in subsection A of this section, any person who violates any provision of this chapter more than two times shall be guilty of a misdemeanor, upon conviction thereof, shall be punished by a fine only, of not less than fifty dollars nor more than five hundred dollars.
In addition thereto, except where infirmity or age or other circumstances would create a hardship, any such person shall be directed by the court in which the fine is levied to pick up and remove litter from public property, and/or private property, with prior permission of the legal owner, for not less than eight hours nor more than sixteen hours for each separate offense. The court shall schedule the time to be spent on such activities in such a manner that it does not interfere with the person’s employment and does not interfere with the person’s employment and does not interfere substantially with the person’s family responsibilities. (Ord. 498 (part), 1983)
9.64.060 Severability.
If any section, word or words of this chapter is found to be unconstitutional or otherwise invalid, such unconstitutionality or invalidity shall not affect the remaining portions of this chapter. (Ord. 498 (part), 1983)
9.64.070 Interpretation.
In the event any other ordinance of the city of Battle Ground, whether or not codified, is in conflict with any of the terms of this chapter, the more stringent shall be construed as applicable. (Ord. 498 (part), 1983)