Chapter 8.08
LITTER CONTROL
Sections:
8.08.020 Unlawful acts designated—Penalty.
8.08.030 Use of receptacles required.
8.08.040 Responsibility for removal.
8.08.050 Sweeping litter into gutter prohibited.
8.08.060 Maintaining sidewalks free of litter.
8.08.070 Maintaining premises free of litter.
8.08.080 Litter thrown by persons in vehicles prohibited.
8.08.090 Vehicle loading requirements.
8.08.100 Distribution of handbills—Private property.
8.08.110 Distribution of handbills—Public places.
8.08.120 Distribution of handbills—Uninhabited or vacant property.
8.08.130 Distribution of handbills—Inhabited private residences—Exemptions.
8.08.140 Distribution of handbills—On vehicles.
8.08.010 Definitions.
The following definitions apply to this chapter.
A. “Commercial handbill” means 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:
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 is charged for the purpose of private gain or profit; but the terms of this subsection 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 any 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 subsection shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition 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 the city; or
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.
B. “Highway,” for the purpose of this chapter, is synonymous with and includes street, road and alley.
C. “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.
D. “Newspaper” means 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 magazine regularly published with not less than four issues per year, and sold to the public.
E. “Noncommercial handbill” means 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 this section of a commercial handbill or newspaper.
F. “Park” means an improved area open to the public, reservation, playground, beach, recreation center or any other area in the city, devoted to active or passive outdoor recreation.
G. “Private residence” 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.
H. “Solid waste” means all putrescible and nonputrescible solid and semisolid wastes including garbage, rubbish, ashes, industrial waste, swill, demolition and construction wastes, abandoned vehicles or parts thereof, and discarded commodities.
I. “State regulations” means the regulations duly promulgated and adopted by the State Department of Ecology Pursuant to RCW Chapter 34.04 and codified or prepared for codification as part of the WAC 173-310-010 through 173-310-100, three copies thereof being on file in the office of the clerk-treasurer, which regulations are by this reference adopted as a part of this chapter as if set forth in this chapter in full.
J. “Vehicle” means and includes every device capable of being moved upon a street and in, upon or by which any person or property is or may be transported or drawn upon a street, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks.
K. “Watercraft” means any boat, ship, vessel, barge or other floating craft. (Ord. 3037 § 1, 1986)
8.08.020 Unlawful acts designated—Penalty.
A. No person shall throw, drop, deposit, discard or otherwise dispose of litter upon any street, sidewalk or any other public place in the city or upon a private residence or other 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 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 the public place, private residence or other private property; or
3. When such person is the owner or has 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, ordinances, rules or regulations.
B. Any person violating the provisions of this section is guilty of a misdemeanor and the fine or bail forfeiture for such violation shall not be less than twenty-five 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. 3037 § 2, 1986)
8.08.030 Use of receptacles required.
A. 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.
B. 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. 3037 § 3, 1986)
8.08.040 Responsibility for removal.
It shall be the responsibility of the city, 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. 3037 § 4, 1986)
8.08.050 Sweeping litter into gutter prohibited.
No person 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; provided, however, this shall not prevent any person from raking leaves from the property he owns or occupies, and the owner of public property from raking leaves in the fall into gutters where the same will be picked up by the city street department. Persons owning or occupying property shall keep the sidewalks in front of their premises free of litter. (Ord. 3037 § 5, 1986)
8.08.060 Maintaining 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, except leaves as provided in this chapter, 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. 3037 § 6, 1986)
8.08.070 Maintaining 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. 3037 § 7, 1986)
8.08.080 Litter thrown by persons in vehicles prohibited.
No person, while a driver or passenger in a vehicle, shall throw or otherwise deposit litter upon any street or other public place or upon any private residence or private property. (Ord. 3037 § 13, 1986)
8.08.090 Vehicle loading requirements.
A. No vehicle shall be driven or moved on any public street unless such vehicle is so constructed and 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 street surface in the cleaning or maintaining of such street 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 the public street to be cleaned of all such glass or other objects and shall pay any cost therefor. (Ord. 3037 § 14, 1986)
8.08.100 Distribution of handbills—Private property.
No person shall throw, deposit or distribute any commercial or noncommercial handbill upon any private residence or other private property, if requested by anyone thereon not to do so, or if there is placed on the residence or property, in a conspicuous position near the entrance thereof, a sign bearing the words “No Trespassing,” “No Peddler or Agents,” “No Advertisement” or any similar notice, indicating in any manner that the occupants of the 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. (Ord. 3037 § 11, 1986)
8.08.110 Distribution of handbills—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 is not unlawful on any sidewalk, street or other public place within the city for any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill to any person willing to accept it. (Ord. 3037 § 8, 1986)
8.08.120 Distribution of handbills—Uninhabited or vacant property.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any private residence or other private property which is temporarily or continuously uninhabited or vacant. (Ord. 3037 § 10, 1986)
8.08.130 Distribution of handbills—Inhabited private residences—Exemptions.
A. No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon any 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 any inhabited private residence which is not posted, as provided in this chapter, 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.
B. The provisions of this section shall not apply to the distribution of mail by the United States, nor to newspapers (as defined in this chapter), 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 other private residences or other private property. (Ord. 3037 § 12, 1986)
8.08.140 Distribution of handbills—On vehicles.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle; provided, however, that it is not 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. 3037 § 9, 1986)
8.08.150 Violation—Penalty.
Persons violating any of the provisions of this chapter exclusive of Section 8.08.020 of this chapter, is guilty of a misdemeanor punishable by fine not to exceed five hundred dollars. (Ord. 3037 § 15, 1986)