Chapter 6.28
UNIFORM LITTER CONTROL CODE
Sections:
6.28.060 PLACEMENT OF LITTER RECEPTACLES.
6.28.080 DAMAGING RECEPTACLES.
6.28.100 MANDATORY LITTER BAGS.
6.28.110 SWEEPING LITTER INTO GUTTER PROHIBITED.
6.28.120 THROWING OR DISTRIBUTING HANDBILLS IN PUBLIC PLACES.
6.28.130 DEPOSITING HANDBILLS ON UNINHABITED OR VACANT PROPERTY.
6.28.140 LITTER THROWN BY PERSONS IN VEHICLES.
6.28.160 ENFORCEMENT OFFICERS AND PROCEDURES.
6.28.010 SHORT TITLE.
This chapter shall be known and may be commonly referred to as the "Uniform Litter Control Code." (Ord. 3250 §1, 1975)
6.28.020 PURPOSE.
The purpose of this chapter is to accomplish litter control in the city. This chapter is intended to place upon all persons within the city the duty of contributing to the public cleanliness of the city and appearance in order to promote the public health, safety and welfare and to protect the economic interests of the people of the city against unsanitary and unsightly conditions. It is further the intent of this chapter to protect the people against the health and safety menace and the expense incident to littering. (Ord. 3250 §15, 1975)
6.28.030 INTERPRETATION.
In the event any other city ordinance, whether or not codified, is in conflict with any of the terms of this chapter, the more stringent shall be construed as applicable. (Ord. 3250 §17, 1975)
6.28.040 DEFINITIONS.
As used in this uniform litter control code, unless the context clearly indicates otherwise, the following terms have the following meanings. All words used in the present tense include the future and past tense; all words in the plural number include the singular number, and all words in the singular number include the plural number. The word "shall" is mandatory and not merely directory.
(1) "City" means the city of Bremerton, Washington.
(2) "Handbill" is any printed or written matter, excluding newspapers, which advertises for sale any commodity, or thing, or which directs attention to any business or other activity, or event of any kind.
(3) "Highway" is synonymous with and includes street, road and alley.
(4) "Litter" means all solid wastes, including, but not limited to containers, packages, wrappings, printed matter or other material thrown or deposited as herein prohibited, but not including the wastes of the primary processes of mining, logging, sawmilling, farming or manufacturing.
(5) "Litter bag" means a bag, sack, or other container made of any material which is large enough to serve as a receptacle for litter inside the vehicle or watercraft of any person.
(6) "Litter receptacle" means those containers meeting minimum requirements of state regulations of the State Department of Ecology.
(7) "Newspaper" is any newspaper of general circulation as defined by general law.
(8) "Park" is a park, reservation, playground, beach, recreation center or any other area in the city devoted to active or passive outdoor recreation.
(9) "Person" is any individual, industry, public or private corporation, copartnership, association, firm, or other entity whatsoever.
(10) "Private property" means any property not publicly owned or held out for use by the public.
(11) "Public place" means any area that is used or held out for use by the public whether owned or operated by public or private interests.
(12) "Solid waste" means all putrescible and nonputrescible solid and semisolid wastes including garbage, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof, and discarded commodities.
(13) "State regulations" means the regulations duly promulgated and adopted by the State Department of Ecology pursuant to RCW 34.04 and codified or prepared for codification as part of the Washington Administrative Code.
(14) "Vehicle" includes every device capable of being moved upon a public street and in, upon, or by which any person or property is or may be transported or drawn upon a public street, excepting devices moved by human or animal power or used exclusively upon stationary rail or tracks.
(15) "Watercraft" means any boat, ship, vessel, barge, or other floating craft. (Ord. 3250 §2, 1975)
6.28.050 LITTER IN GENERAL.
(a) No person shall throw, drop, deposit, discard or otherwise dispose of litter upon any public place in the city or upon any private property not owned by him, or in any waters within the jurisdiction of the city whether from a vehicle or otherwise, except:
(1) When such property is designated by the state or by any of its agencies or the city for disposal or garbage and refuse, and such person is authorized by the proper public authority to so use such property; or
(2) 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
(3) When such person is the owner or does have control or custody of the property, or has prior consent of the 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.
(b) It is a civil infraction for a person to discard, in violation of this section, a cigarette, cigar, or other burning refuse that is capable of starting a fire. The maximum fine, not including statutory assessments, is Five Hundred Dollars ($500.00).
(c) Penalty. Any person violating the provisions of this section is guilty of a civil infraction and in addition to or in lieu of any other penalty, such person may, in the sound discretion of the court, be directed by the court to pick up and remove from any public place or any private property, with permission of the owner or the person in possession of the property upon which it is established that such person has deposited litter, any and all litter deposited thereon by anyone prior to the date of the execution of sentence. (Ord. 4608, Amended, 10/09/1997; Ord. 3250 §3, 1975)
6.28.060 PLACEMENT OF LITTER RECEPTACLES.
Litter receptacles shall be placed in all parks, trailer parks in respect to the service of transient habitation, gasoline service stations, tavern parking lots, shopping centers, grocery store parking lots, marinas, boat launching areas, beaches, bathing areas and other such public places in numbers appropriate to need as specified by state regulations. (Ord. 3250 §4, 1975)
6.28.070 USE OF RECEPTACLES.
Litter receptacles placed on sidewalks and other public places shall be used only for such litter material as persons may have for disposal while passing along the street or other public places and in no event shall be used for the disposal of other solid waste accumulated in residences or places of business. (Ord. 3250 §5, 1975)
6.28.080 DAMAGING RECEPTACLES.
It is unlawful for any person to wilfully damage or deface any litter receptacle. (Ord. 3250 §6, 1975)
6.28.090 REMOVAL OF LITTER.
It shall be the responsibility of the local municipality, other agency or person owning or maintaining the same for the removal of litter from litter receptacles placed in parks, beaches, campgrounds, and other public places. (Ord. 3250 §7, 1975)
6.28.100 MANDATORY LITTER BAGS.
The owner and person in possession of all vehicles or watercraft shall keep a litter bag in said vehicle or watercraft at all times. (Ord. 3250 §8, 1975)
6.28.110 SWEEPING LITTER INTO GUTTER PROHIBITED.
No person shall sweep into or deposit in any gutter, street, alley or other public place the accumulation of litter from any building, lot, or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalks in front of their premises free of litter. (Ord. 3250 §9, 1975)
6.28.120 THROWING OR DISTRIBUTING HANDBILLS IN PUBLIC PLACES.
No person shall throw or deposit any handbill upon any public place within the city; provided, however, that it shall not be unlawful for any person to hand out, without charge to the receiver thereof, any handbill to any occupant of a vehicle, or to any other person who is willing to accept it. (Ord. 3250 §10, 1975)
6.28.130 DEPOSITING HANDBILLS ON UNINHABITED OR VACANT PROPERTY.
(a) No person shall throw or deposit any handbill in or upon any uninhabited or vacant private property.
(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 herein) except that newspapers shall be placed on private residences or other private property in such a manner as to prevent their being carried or deposited by the elements upon any public place or upon private property. (Ord. 3250 §11, 1975)
6.28.140 LITTER THROWN BY PERSONS IN VEHICLES.
No person, while a driver or passenger in a vehicle, shall throw or otherwise deposit litter upon any public place or upon any private property. (Ord. 3250 §12, 1975)
6.28.150 VEHICLE LOADING.
(a) No vehicle shall be driven or moved on any public street unless such vehicle is so constructed or loaded as to prevent any of its load from dropping, shifting, leaking or otherwise escaping therefrom, except that sand or gravel may be dropped for the purpose of securing traction, or water or other substance may be sprinkled on a roadway surface in the cleaning or maintaining of such roadway by public authority having jurisdiction for the same or by persons under contract or other authorization by such public authority.
(b) Any person owning or operating a vehicle from which any glass or other objects of its load have fallen or escaped, which would constitute an obstruction or injure a vehicle or otherwise endanger travel upon such public street, shall immediately cause such public street to be cleaned of all such glass or other objects and shall pay any cost therefor. (Ord. 3250 §13, 1975)
6.28.160 ENFORCEMENT OFFICERS AND PROCEDURES.
Enforcement of this chapter may be by any police officer. All such enforcement officers are empowered to issued citations to and/or arrest without warrant, persons violating the provisions of this chapter. Said enforcement officers may serve and execute all warrants, citations, and other process issued by the courts. In addition, mailing by registered mail of such warrant, citation, or other process to the last known place of residence of the offender shall be deemed as personal service upon the person charged. (Ord. 3250 §14, 1975)
6.28.170 PENALTIES.
Any person violating any of the provisions of this chapter is guilty of a misdemeanor, and subject to the provisions of BMC Chapter 1.12. (Ord. 4733, Reaffirmed, 11/30/2000; Ord. 4680, Amended, 12/17/1999; Ord. 3410 §1, 1978; Ord. 3250 §18, 1975)