Chapter 8.44
UNIFORM LITTER CONTROL CODE
Sections:
8.44.030 Definitions—Construction.
8.44.040 Deposit prohibited—Exception.
8.44.050 Receptacles—Placement.
8.44.060 Receptacles—Maintenance.
8.44.070 Receptacles—Method of deposit.
8.44.080 Receptacles—Acceptable material.
8.44.090 Receptacles—Damaging.
8.44.100 Receptacles—Removal of litter.
8.44.120 Thrown by person in vehicles or watercraft.
8.44.130 Sweeping litter into gutter prohibited.
8.44.140 Merchants’ duty to keep sidewalks free of litter.
8.44.150 Owner to maintain premises free of litter.
8.44.170 Conflicting provisions—Interpretation.
8.44.180 Violation—Abatement of condition—Penalty.
8.44.190 Violation—Receptacle placement and maintenance—Penalty.
8.44.010 Short title.
The ordinance codified in this chapter shall be known and may be commonly referred to and cited as the “uniform litter control code.” (Ord. 403 § 1 (part), 1991)
8.44.020 Purpose.
The purpose of this chapter is to accomplish litter control in the city and, pursuant to the general laws of the state, to adopt basically uniform and coordinated litter control local legislation throughout the state. This chapter is intended to place upon all persons within the city, in a cooperative and coordinated statewide effort, 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. (Ord. 403 § 1 (part), 1991)
8.44.030 Definitions—Construction.
As used in this chapter, unless the context clearly indicates otherwise, the following terms have the meanings set forth in this section.
A. “City” means the city of Bridgeport, Washington.
B. “Highway” is synonymous with and includes street, road and alley.
C. “Litter” means all solid wastes, including, but not limited to, containers, packages, wrapping, printed matter, or other material thrown or deposited as prohibited in this chapter, but not including the wastes of the primary processes of mining, logging, sawmilling, farming, or manufacturing.
D. “Litter bag” means 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.
E. “Litter receptacle” means those containers meeting minimum requirements of state regulations of the State Department of Ecology.
F. “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 office as provided by general law; and in addition thereto, means any periodical or current magazine regularly published, with not less than four issues per year and sold to the public.
G. “Park” is a park, reservation, playground, beach, recreation center, or any other area in the city devoted to active or passive outdoor recreation.
H. “Person” is any individual, political subdivision, government agency, municipality, industry, public or private corporation, copartnership, association, firm, or other entity, whatsoever.
I. “Place, public” means any area that is used or held out for use by the public whether owned or operated by public or private interest.
J. “Regulations, state” 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, which are by this reference incorporated in this chapter as if set forth in full.
K. “Residence, private” means any privately owned yard, grounds, walk, driveway, dwelling, house, building, or other structure, including appurtenant porches, steps or vestibules used or designed either wholly or in part for private residential purposes, whether single-family, duplex or multiple, and whether inhabited or temporarily or continuously uninhabited or vacant.
L. “Road” is synonymous with and includes street, highway, and alley.
M. “Street” is synonymous with and includes road, highway, and alley.
N. “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 rails or tracks.
O. “Waste, solid” means all putrescible and nonputrescible solid and semi-solid wastes, including garbage, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof, and discharged commodities.
P. “Watercraft” means any boat, ship, vessel, barge, or other floating craft.
Q. All words used in the present tense include the future and past tenses, all words in the plural number include the singular number, and all words in the singular number include the plural number.
R. The word “shall” is mandatory and not merely directory. (Ord. 403 § 1 (part), 1991)
8.44.040 Deposit prohibited—Exception.
No person shall throw, drop, deposit, discard or otherwise dispose of litter upon any street, alley, sidewalk or any other public place in the city or upon a private residence or other private property not owned by him, or in water within the jurisdiction of the city, whether from a vehicle or otherwise, except:
A. When such property is designated by the state or by any of its agencies or the city for the 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, private residence, or other 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 the owner or tenant; and provided the litter will not cause a public nuisance or be in violation of any other state or local laws, rules or regulations. (Ord. 403 § 1 (part), 1991)
8.44.050 Receptacles—Placement.
Litter receptacles shall be placed in all parks, trailer parks in respect to the service of transient habitation, gasoline service stations, and other such public places in numbers appropriate to need as specified by state regulations. (Ord. 403 § 1 (part), 1991)
8.44.060 Receptacles—Maintenance.
It shall be the responsibility of any person owning or operating any establishment or public place in which litter receptacles are required by Section 8.44.050 to procure and place and maintain such litter receptacles at his/her own expense on the premises in accord with such state regulations. (Ord. 403 § 1 (part), 1991)
8.44.070 Receptacles—Method of deposit.
Persons placing litter in litter receptacles shall do so in such manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk, or other public place or upon any private residence or other private property. (Ord. 403 § 1 (part), 1991)
8.44.080 Receptacles—Acceptable material.
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. 403 § 1 (part), 1991)
8.44.090 Receptacles—Damaging.
It is unlawful for any person to wilfully damage or deface any litter receptacle of another person. Upon conviction for such violation, such violator shall be subject to a fine up to the amount of the fine imposed for conviction of a misdemeanor. (Ord. 403 § 1 (part), 1991)
8.44.100 Receptacles—Removal of litter.
It shall be the responsibility of the local municipality, other agency, or person owning or maintaining the litter receptacles for the removal of litter from litter receptacles placed in parks, beaches, campgrounds and other public places. (Ord. 403 § 1 (part), 1991)
8.44.110 Litter bags.
The owner and person in possession of all vehicles or watercraft shall keep and use a litter bag in the vehicle or watercraft at all times, which litter bag shall be maintained in such vehicle or watercraft in a place in which the same may be viewed from the outside of such vehicle or watercraft whether or not the vehicle or watercraft is locked or otherwise secured from entry. (Ord. 403 § 1 (part), 1991)
8.44.120 Thrown by person in vehicles or watercraft.
No person while a driver, operator or passenger in a vehicle or watercraft shall throw or otherwise deposit litter upon any street or other public place or upon any private residence or private property or park. (Ord. 403 § 1 (part), 1991)
8.44.130 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 or 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. 403 § 1 (part), 1991)
8.44.140 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 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. 403 § 1 (part), 1991)
8.44.150 Owner to maintain premises free of litter.
The owner or person in control of any private residence or other private property shall at all times maintain the premises free of litter. (Ord. 403 § 1 (part), 1991)
8.44.160 Enforcement.
Enforcement of this chapter may be by any police officer or other law enforcement officer. Nothing in this chapter prohibits citizens’ complaints or arrests as may be otherwise permitted under applicable state regulations, state statute, ordinance or court rule. (Ord. 403 § 1 (part), 1991)
8.44.170 Conflicting provisions—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 is applicable. (Ord. 403 § 1 (part), 1991)
8.44.180 Violation—Abatement of condition—Penalty.
Any person violating the provisions of Section 8.44.040 is guilty of a misdemeanor, and the fine or bail forfeiture for such violation shall not be less than ten dollars for each offense, and, in addition thereto, in the sound discretion of the court, such person may be directed by the court to pick up and remove from any public place or any private residence or other property, with permission of the legal owner or other person having legal possession, upon which it is established by competent evidence that such person has deposited litter, any and all litter deposited thereon by anyone prior to the date of execution of sentence. (Ord. 403 § 1 (part), 1991)
8.44.190 Violation—Receptacle placement and maintenance—Penalty.
Any person who fails to place such litter receptacles on the premises in the numbers and design required by state regulation, violating the provisions of Sections 8.44.050 and 8.44.060, shall constitute a misdemeanor and shall be punishable by imprisonment for a term not to exceed six months, or by a fine not to exceed five hundred dollars, or by both such fine and imprisonment. (Ord. 403 § 1 (part), 1991)