Chapter 8.08 LITTER CONTROL

State Statute 70.93 RCW is hereby adopted by reference as and for a portion of this Litter Control Title as if set forth in full herein with the exception of the maximum penalty provisions of this Title as set forth in Section 8.08.210 (Ord. 336, 1989)

8.08.020 Definitions.

For the purposes of this chapter the following terms, phrases, words, and their derivations shall have the meaning given. When not inconsistent with the context, words used in the present tense include the plural number. The word “shall” is always mandatory and not merely directory.

1. “Aircraft” is any contrivance now known or hereafter invented, used or designated for navigation or for flight in the air. The word "aircraft" shall include helicopters, and lighter-than-air dirigibles and balloons.

2. “Authorized Private Receptacle” is a litter storage and collection receptacle as required and authorized by the City’s Code.

3. “City” is the City of Lake Stevens.

4. “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 which:

a. Advertises for sale any merchandise, product, commodity, or thing; or

b. Directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly prompting the interest of sales; or

c. Directs attention to or advertises any meeting, theatrical performance, exhibition, or event of any kind, which an admission fee is charged or a collection is taken up 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 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 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 City; or

d. 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.

5. “Garbage” is putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.

6. “Litter” is “garbage”, “refuse”, and “rubbish” as defined herein and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.

7. “Newspaper” is any newspaper of general circulation as defined by general law, and 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 laws; 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.

8. “Non-commercial 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.

9. “Park” is a park, reservation, playground, beach, a recreation center or any other public area in the City, owned or used by the City and devoted to active or passive recreation.

10. “Person” is any person, firm, partnership, association, corporation, company or organization of any kind.

11. “Private premises” is any dwelling, house, building, or other structure, designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure.

12. “Public place” is any and all streets, sidewalks, boulevards, alleys or grounds and buildings.

13. “Refuse” is all putrescible and non-putrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and solid market and industrial wastes. (Ord. 233, 1983)

14. “Rubbish” is non-putrescible solid wastes consisting of both combustible and non-combustible wastes, such as paper, wrappings, cigarettes, crockery, asphalt, concrete and similar materials. (Ord. 336, 1989; Ord. 233, 1983)

15. “Vehicle” is every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks.

8.08.030 Litter in Public Places.

No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the City except in public receptacles or authorized private receptacles for collection, or in official City dumps.

8.08.040 Placement of Litter in Receptacles so as to Prevent Scattering.

Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.

8.08.050 Sweeping Litter into Gutters Prohibited.

No persons shall sweep into or deposit in any gutter, street, or other public place within the City 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.

8.08.060 Merchant’s 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 within the City the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons or occupying places of business within the City shall keep the sidewalk in front of their business premises free of litter.

8.08.070 Litter Thrown by Persons in Vehicles.

No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public places within the City, or upon private property.

8.08.080 Truck Loads Causing Litter.

No person shall drive or move any truck or other vehicles within the City unless such vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public place. Nor shall any person drive or move any vehicle or truck within the City, the wheels or tires of which carry onto or deposit in any street alley or other public place, mud, dirt, sticky substances, litter or foreign matter of any kind.

8.08.090 Litter in Parks.

No person shall throw or deposit litter in any park within the City except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence, and properly disposed of elsewhere as provided.

8.08.100 Litter in Lakes and Fountains.

No person shall throw or deposit, litter in any fountain, pond, lake, stream, bay or other body of water in a park or elsewhere within the City.

8.08.110 Throwing or Distributing Commercial Handbills in Public Places.

No person shall throw or deposit any commercial or non-commercial 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 shall not be 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 non-commercial handbill to any person willing to accept it.

8.08.120 Depositing Commercial and Non-Commercial Handbills on Uninhabited or Vacant Premises.

No person shall throw or deposit any commercial or non-commercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant.

8.08.130 Prohibiting Distribution of Handbills Where Properly Posted.

No person shall throw, deposit or distribute any commercial or non-commercial handbill upon any private premises, if requested by anyone thereon not to do so, or if there is placed on said premises in a conspicuous position near the entrance thereof, a sign bearing the words: “No Trespassing”, “No Peddlers or Agents”, “No Advertisement”, or any similar notice, indicating in any manner that the occupants of said premises do not desire to be molested or have their right of privacy disturbed, or to have any such handbills left upon such premises.

8.08.140 Distributing Commercial and Non-Commercial Handbills at Inhabited Private Premises.

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

Exemptions 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 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 property.

8.08.150 Dropping Litter from Aircraft.

No person in an aircraft shall throw out, drop or deposit within the City any litter, handbill, or any other object.

8.08.160 Posting Notices Prohibited.

No person shall post or affix any notice, poster or other paper or device, calculated to attract the attention of the public, or any lamp post, public utility pole or shade tree, or upon any structure or building, except as may be authorized or required by law.

8.08.170 Litter on Occupied Private Property.

No person shall throw or deposit litter on any occupied private property within the City, whether owned by such person or not, except that the owner or person in control of the private property may maintain authorized receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements or animals upon any street, sidewalk, or other public place, or upon any other private property. For purposes of this section, litter shall not be deemed to include grass or yard clippings, leaves, or similar materials.

8.08.180 Owner to Maintain Premises Free of Litter.

The owner or person in control of any private property shall at all times maintain the premises free of litter. Provided, however that this section shall not prohibit the storage of litter in authorized private receptacles for collection. (Ord. 233, 1983)

8.08.190 Litter on Vacant Lots.

No person shall throw or deposit litter on any open or vacant private property within the City, whether owned by such person or not. For purposes of this section, litter shall include dirt, asphalt, concrete and shall not be deemed to include grass, yard clippings, leaves, wood, or other similar materials properly composted by a property owner on his own property. (Ord. 336, 1989: Ord. 233, 1983)

8.08.200 Clearing of Litter from Open Private Property by City.

In order for the City to accomplish the objectives of this chapter, the City may proceed as follows:

a. Notice to remove. The City Health Officer or Police Chief is hereby authorized to notify the owner of any open or vacant private property within the City or the agent of such owner to properly dispose of litter located on such owner’s property which is dangerous to public health, safety or welfare. Such notice shall be by registered mail addressed to said owner at his last known address.

b. Action upon-compliance. Upon the failure, neglect or refusal of any owner or agent so notified, to properly dispose of litter dangerous to the public health, safety or welfare, within twenty-four hours after receipt of written notice provided for in subsection a. above, or within twenty-four hours after the date of such notice in the event the same is returned to the City Post Office Department because of its inability to make delivery, provided the same was properly addressed to the last known address of such owner, or agent, the City Health Officer or Police Chief is authorized and empowered to pay for the disposing of such litter or to order its disposal by the City.

c. Charge included in tax bill. When the City has affected the removal, the actual cost thereof, plus the accrued interest at the rate of six percent per annum from the date of the completion of the work, if not paid by such owner prior thereto, shall be charged to the owner of such property and said charge shall be due and payable by said owner at the time of receipt of such bill.

d. City Health Officer or Police Chief may file lien. Where the full amount due the City is not paid by such owner within the thirty days after the disposal of such litter, as provided for in subsections a and b above, or if no bill is rendered because the property owner cannot be found, then, in that event, the City Health Officer, or the Police Chief, in the name of the City may file lien therefore against said property, which lien shall be in the same form, filed with the same office and within the same time and manner and enforced and foreclosed as is provided by law for liens for labor and material. (Ord. 233, 1983)

8.08.210 Penalties.

(Rpealed by Ord. 604, Sec. 6, 1999)

8.08.220 Severability.

If any section, subsection, sentence, clause, phrase, or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such hold shall not affect the validity of the remaining portion hereof. (Ord. 233, 1983)