Chapter 8.12
LITTER CONTROL*
Sections:
8.12.030 Litter receptacles – Responsibility to procure and place.
8.12.040 Litter receptacles – Required where.
8.12.050 Litter receptacles – Number required.
8.12.060 Litter receptacles – Minimum standards.
8.12.070 Litter receptacles – General specifications.
8.12.080 Litter receptacles – Color and marking.
8.12.090 Litter receptacles – Maintenance.
8.12.100 Litter receptacles – Conformance required.
8.12.110 Litter receptacles – Prohibited acts.
8.12.120 Anti-litter symbol designated.
*For statutory provisions concerning the Model Litter Control Act, see Chapter 70.93 RCW.
8.12.010 Purpose.
By the provision of Chapter 70.93 RCW, the Department of Ecology has been delegated authority to conduct a permanent and continuous program to control and remove litter from the state to the maximum practical extent possible. The purpose of this chapter is to provide minimum standards for litter receptacles and to prescribe the use, placement and distribution of litter receptacles throughout the city, pursuant to the authority set forth in RCW 70.93.040 and 70.93.090. (Ord. 218 § 1, 1974).
8.12.020 Definitions.
The following words and phrases as used in this chapter shall have the following meanings unless context clearly dictates otherwise:
(1) “Anti-litter symbol” means the standard symbol adopted in KMC 8.12.120 by the Department.
(2) “Department” means the Washington State Department of Ecology.
(3) “Litter” means all waste materials including but not limited to:
(a) Disposal packages or containers susceptible to being dropped, deposited, discarded or otherwise disposed of upon any property in the city;
(b) This does not include the wastes of the primary processes of mining, logging, sawmilling, farming or manufacturing.
(4) “Litter receptacle” means containers for the disposal of litter of not more than a 60-gallon capacity; provided, that special containers of larger capacity such as those referred to as dumpsters and garbage containers or other waste containers serving a single-family or multifamily residence are not included within this definition and their use is in no way regulated or affected by this chapter.
(5) “Person” means any industry, public or private corporation, copartnership, association, firm, individual, or other entity whatsoever.
(6) “Public place” means any area that is used or held out for the use of the public whether owned and operated by public or private interests, but not including indoor areas. An “indoor area” means an area covered with a roof and protected from moisture and wind. (Ord. 218 § 2, 1974).
8.12.030 Litter receptacles – Responsibility to procure and place.
It shall be the responsibility of any person owning or operating any establishment or public place in which litter receptacles are required by this chapter to procure, place and maintain such receptacles at their own expense on the premises in accordance with the provisions of this chapter. (Ord. 218 § 3, 1974).
8.12.040 Litter receptacles – Required where.
(1) Litter receptacles meeting the standards established by this chapter shall be placed in the following public places in the city:
(a) Parks;
(b) Drive-in restaurants;
(c) Gasoline service stations;
(d) Tavern parking lots;
(e) Shopping centers;
(f) Grocery store parking lots;
(g) School grounds;
(h) Business district sidewalks.
(2) Litter receptacles need to be placed in the public places designated in subsection (1) of this section only during times such places or events held at them are open to the public. Placement of litter receptacles shall be in conformance with laws, ordinances, resolutions and regulations pertaining to fire, safety, public health or welfare. (Ord. 218 § 4, 1974).
8.12.050 Litter receptacles – Number required.
The minimum number of receptacles meeting the standards established by this chapter, required in the public places listed in KMC 8.12.040, is as follows:
(1) Gasoline service station, one receptacle per gasoline pump island;
(2) Drive-in restaurants, tavern parking lots, shopping centers, grocery store parking lots, and outdoor parking lots having a capacity of more than 50 automobiles, one receptacle, plus one additional receptacle for each 200 parking spaces in excess of 50 spaces;
(3) School grounds, one receptacle on each school ground bus loading zone officially designated as such by the primary jurisdictional authority;
(4) Along sidewalks of business districts of the city, one receptacle per 800 feet of sidewalk curbing.
No variance from the provisions of this section shall be allowed except upon the express permission of the Department of Ecology. Notwithstanding the minimum requirements of this section, any public place in which litter receptacles meeting the standards of this chapter are required, that is found to have an accumulation of uncontained litter under circumstances that the person responsible for placing receptacles could have reasonably anticipated the litter, shall be deemed to have an insufficient number of receptacles to be in compliance with this regulation. (Ord. 218 § 5, 1974).
8.12.060 Litter receptacles – Minimum standards.
Litter receptacles procured and placed in public places as required by this chapter shall meet the minimum standards set forth in KMC 8.12.070 through 8.12.100. (Ord. 218 § 6, 1974).
8.12.070 Litter receptacles – General specifications.
(1) The body of each litter receptacle shall be constructed of a minimum of 24 gauge galvanized metal or other material of equivalent strength that will, with normal wear and tear, reasonably resist corrosion and acts of vandalism.
(2) All outside edges of each litter receptacle shall be rounded.
(3) Openings in covered litter receptacles shall be readily identifiable and readily accessible for the deposit of litter.
(4) Construction and general configuration of litter receptacles shall be in conformance with all pertinent laws, ordinances, resolutions or regulations pertaining to fire, safety, public health or welfare. (Ord. 218 § 6(A), 1974).
8.12.080 Litter receptacles – Color and marking.
(1) The entire outer surface of each litter receptacle shall be colored medium green, conforming with the Federal Color Standard Nos. 595A, 24424, or 34424.
(2) Each litter receptacle shall bear the official anti-litter symbol, as adopted in KMC 8.12.120. The symbol shall be colored deep blue, conforming with Federal Color Standard Nos. 595A or 15180. The symbol shall not be distorted as to proportion and shall not be incorporated into a commercial advertisement on the receptacle.
(3) The words “deposit litter” shall be placed on the litter receptacle. Lettering used for these words shall be block-type capital letters to be readily legible at a distance of 30 feet.
(4) No commercial advertisement shall be placed on any litter receptacle. However, the person owning any receptacle may place a single line on the receptacle identifying his ownership and a single credit line designating any donor of the litter receptacle other than the owner may also be placed on the receptacle; provided, that the lettering does not exceed the size specified for the words “deposit litter” in subsection (3) of this section, and does not interfere with or distract from the prominence of the anti-litter symbol. (Ord. 218 § 6(B), 1974).
8.12.090 Litter receptacles – Maintenance.
Compliance with these minimum standards shall include proper upkeep, maintenance and repair of litter receptacles sufficient to permit such receptacles to serve the functions for which they were designed and to prevent the appearance of such receptacle from becoming unsightly. Inadequately maintained or unsightly litter receptacles shall be in violation of these minimum standards. (Ord. 218 § 6(C), 1974).
8.12.100 Litter receptacles – Conformance required.
Wherever litter receptacles are placed in any public place other than where required by this chapter, such receptacles shall conform to the provisions of this chapter. (Ord. 218 § 6(D), 1974).
8.12.110 Litter receptacles – Prohibited acts.
(1) No person shall damage, deface, abuse or misuse any litter receptacle not owned by him so as to interfere with its proper function or to detract from its proper appearance.
(2) No person shall deposit leaves, clippings, prunings, or gardening refuse in any litter receptacles.
(3) No person shall deposit household garbage in any litter receptacle; provided, that this subsection does not mean that wastes of food consumed on the premises at any public place may not be deposited in litter receptacles. (Ord. 218 § 7, 1974).
8.12.120 Anti-litter symbol designated.
The official state anti-litter symbol shall be the symbol depicted in the Model Litter Control Act conforming to the Federal Color Standard. Permission to use this symbol in this matter is granted by the copy holder. (Ord. 218 § 8, 1974).
8.12.130 Violation – Penalty.
Violations of this chapter shall be punished by a civil fine not to exceed $500.00. (Ord. 02-674 § 1; Ord. 279 Att. A § 2, 1978; Ord. 218 § 9, 1974).