Chapter 4.16 LITTER CONTROL

As used in this litter control ordinance, 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 always mandatory and not merely directory.

(1) “County” means the county of Chelan, Washington.

(2) “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, excluding newspapers:

(a) Which advertises for sale any merchandise, product, commodity, or thing; or

(b) 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

(c) 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 clause 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 license is or may be required by any law of this state, or under any ordinance of this county; or

(d) 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.

(3) “Highway” for the purpose of this ordinance is synonymous with and includes street, road and alley.

(4) “Litter” means all solid wastes including but not limited to containers, packages, wrapping, 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 receptacle” means those containers meeting minimum requirements of state regulations of the State Department of Ecology.

(6) “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, shall mean and include any periodical or current magazine regularly published with not less than four issues per year, and sold to the public.

(7) “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.

(8) “Park” is a park, reservation, playground, beach, recreation center or any other area in the county, devoted to active or passive outdoor recreation.

(9) “Person” is any individual political subdivision, government agency, municipality, industry, public or private corporation, copartnership, association, firm, or other entity, whatsoever.

(10) “Private residence” shall mean 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.

(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) “Road” for the purpose of this ordinance is synonymous with and includes street, highway and alley.

(13) “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.

(14) “State regulations” means the regulations duly promulgated and adopted by the state department of ecology pursuant to Chapter 34.04 RCW and codified or prepared for codification as part of the Washington Administrative Code, copies of the applicable portions of which are on file in the office of the clerk of the board of county commissioners and by this reference are incorporated herein as if set forth in full.

(15) “Street” for the purpose of this ordinance is synonymous with and includes road, highway and alley.

(16) “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. (Res. 120-G § 2, March 5, 1974 at Vol. E pages 136—140).

4.16.030 Litter in general.

No person shall throw, drop, deposit, discard or otherwise dispose of litter upon any street, alley, sidewalk or any other public place in the county or upon a private residence or other private property not owned by him, or in any waters within the jurisdiction of the county whether from a vehicle or otherwise except:

(1) When such property is designated by the state or by any of its agencies or the county for the disposal of 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, private residence or other 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 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. (Res. 120-G § 3, March 5, 1974 at Vol. E pages 136—140).

4.16.040 Placement of litter receptacles.

(1) 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.

(2) It shall be the responsibility of any person owning or operating any establishment or public place in which litter receptacles are required by this section to procure and place and maintain such litter receptacles at their own expense on the premises in accord with such state regulations. (Res. 120-G § 4, March 5, 1974 at Vol. E pages 136—140).

4.16.050 Use of receptacles.

(1) 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.

(2) 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. (Res. 120-G § 5, March 5, 1974 at Vol. E pages 136—140).

4.16.060 Damaging receptacles.

It shall be unlawful for any person to wilfully damage or deface any litter receptacle of another person. (Res. 120-G § 6, March 5, 1974 at Vol. E pages 136—140).

4.16.070 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. (Res. 120-G § 7, March 5, 1974 at Vol. E pages 136—140).

4.16.080 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. (Res. 120-G § 8, March 5, 1974 at Vol. E pages 136—140).

4.16.090 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 county shall keep the sidewalks in front of their business premises free of litter. (Res. 120-G § 9, March 5, 1974 at Vol. E pages 136—140).

4.16.100 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. (Res. 120-G § 10, March 5, 1974 at Vol. E pages 136—140).

4.16.110 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. 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 for any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill to any person willing to accept it. (Res. 120-G § 11, March 5, 1974 at Vol. E pages 136—140).

4.16.120 Placing commercial and noncommercial handbills on vehicles.

No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicles. 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. (Res. 120-G § 12, March 5, 1974 at Vol. E pages 136—140).

4.16.130 Depositing commercial and noncommercial handbills on uninhabited or vacant property.

No person shall throw or deposit any commercial or noncommercial handbill in or upon private residence or other private property which is temporarily or continuously uninhabited or vacant. (Res. 120-G § 13, March 5, 1974 at Vol. E pages 136—140).

4.16.140 Prohibiting distribution of handbills where properly posted.

No person shall throw, deposit or distribute any commercial or noncommercial handbill upon any private residence or other property, if requested by anyone thereon not to do so, or if there is placed on said residence or property in the words: “No Trespassing,” “No Peddlers or Agents,” “No Advertisement,” or any similar notice, indicating in any manner that the occupants of said residence or property do not desire to be molested or have their right of privacy disturbed, or to have any such handbills left upon such premises. (Res. 120-G § 14, March 5, 1974 at Vol. E pages 136—140).

4.16.150 Distributing commercial and noncommercial handbills at inhabited private residence.

(1) No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private residence which is inhabited, except by handing or transmitting any such handbill directly to the owner, occupant, or other person then present in or upon such private residence. Provided, however, that in case of inhabited private residence which is not posted, as provided in this ordinance such person unless requested by anyone upon such residence not to do so, may place or deposit any such handbill in or upon such inhabited private residence, if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such residence 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.

(2) 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 street, sidewalk or other public place or upon private residences or other private property. (Res. 120-G § 15, March 5, 1974 at Vol. E pages 136—140).

4.16.160 Litter thrown by persons in vehicles or dumped or strewn from vehicles.

No person, while a driver or passenger in a vehicle or at any other time, shall throw, dump or otherwise deposit or dispose of litter or garbage on any street, road, or other public place or upon any private residence or private property except approved disposal at an approved land fill. (Res. 120-G § 16, March 5, 1974 at Vol. E pages 136—140).

4.16.170 Vehicle loading.

(1) No vehicle shall be driven or moved on any public road or 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.

(2) 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 said public street to be cleaned of all such glass or other objects and shall pay any cost therefor. (Res. 120-G § 17, March 5, 1974 at Vol. E pages 136—140).

4.16.180 Enforcement officers and procedures.

Enforcement of this ordinance may be by any deputy sheriff or other law enforcement officer, fire department and building department personnel, jurisdictional health department personnel, and those public employees charged with the responsibility of operating and maintaining all public places within the provisions of this ordinance. All such enforcement officers are hereby empowered to issue citations to persons violating the provisions of this ordinance. Said enforcement officers may serve and execute all warrants, citations, and other processes issued by the courts. In addition, mailing by certified 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. Nothing herein shall be construed to prohibit citizens’ complaints or arrests as may be otherwise permitted under applicable state regulations, state statute, ordinance, or court rule. (Res. 120-G § 18, March 5, 1974 at Vol. E pages 136—140).

4.16.190 Purpose.

The purpose of this ordinance is to accomplish litter control in the county and pursuant to the general laws of the state of Washington to adopt basically uniform and coordinated litter control local legislation throughout the state. This ordinance is intended to place upon all persons within the county, in a cooperative and coordinated statewide effort, the duty of contributing to the public cleanliness of the county and appearance in order to promote the public health, safety and welfare and to protect the economic interests of the people of the county against unsanitary and unsightly conditions. It is further the intent of this ordinance to protect the people against the health and safety menace and the expense incident to the littering of the streets and public places by the promiscuous and uncontrolled distribution of advertising matter and commercial and noncommercial handbills. (Res. 120-G § 19, March 5, 1974 at Vol. E pages 136—140).

4.16.200 Severability.

If any section, subsection, sentence, clause, phrase, words or word of this ordinance is for any reason found to be unconstitutional or otherwise invalid, such unconstitutionality or invalidity shall not affect the constitutionality or validity of the remaining portions of this ordinance, it being hereby expressly declared that each section, subsection, sentence, clause, phrase, words or word would have been prepared, proposed, adopted, approved and ratified, irrespective of the fact that any one or more section, subsection, sentence, clause, phrase, words or word be declared or otherwise found unconstitutional or invalid for any reason. (Res. 120-G § 20, March 5, 1974 at Vol. E pages 136—140).

4.16.210 Interpretation.

In the event any other county ordinance, whether or not codified, is in conflict with any of the terms of this chapter the more stringent shall be construed as applicable. (Res. 120-G § 21, March 5, 1974 at Vol. E pages 136—140).

4.16.220 Penalties.

Every violation of this chapter shall constitute a misdemeanor and shall be punished by a sentence of not more than ninety days in the county jail or a fine of not more than two hundred fifty dollars. (Res. 120-G § 22, March 5, 1974 at Vol. E pages 136—140).