Chapter 7.32 LITTER CONTROL

The purpose of this chapter is to accomplish litter control in the city, and, pursuant to the general laws of the state as set forth in Chapter 70.93 RCW, to adopt basically uniform and coordinated litter control local legislation and thereby cooperate with the state but not to assume the duties and obligations imposed on the state with respect to litter in the city. 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. It is further the intent of this chapter 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. (Ord. 3107 § 1, 2009; Ord. 1686 § 1, 1974).

7.32.030 Definitions.

The definitions and other provisions of Chapter 1.04 LMC shall apply to this chapter. “Shall” is always mandatory and not merely directory. In addition, the following definitions apply to this chapter:

(1) “Business district” means the area bounded by 15th Avenue on the west, 11th Avenue on the east, New York Street and Washington Way on the north, and Florida Street on the south, inclusive of such streets, avenues and ways.

(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 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 this city; 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 chapter is synonymous with and includes street, road and alley.

(4) “Litter” is all tangible personal property which has been unlawfully scattered and/or abandoned in a public place, typically outdoors, as a form of solid waste – material which, if thrown or deposited, creates a danger to public health, safety and welfare. “Litter” is further defined as either hazardous, reusable-recyclable, nonhazardous, or nonusable material. Litter includes, but is not limited to, polystyrene foam, plastics, cigarette butts, candy and gum wrappers, paper towels, food wastes, chip bags, aluminum and steel beer/soda cans, leather, rubber, clothing, textiles, wood, glass, metal, abandoned tires, vehicle parts, or other such debris that has fallen onto a public right-of-way as a result of negligent litter; litter from trash-hauling vehicles, unsecured loads, or construction sites.

(5) “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 means and includes any periodical or current magazine regularly published with not less than four issues per year, and sold to the public.

(6) “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.

(7) “Park” is 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.

(8) “Potentially dangerous litter” means litter that is likely to injure a person or cause damage to a vehicle or other property. “Potentially dangerous litter” means:

(a) Cigarettes, cigars, or other tobacco products that are capable of starting a fire;

(b) Glass;

(d) A hypodermic needle or other medical instrument designed to cut or pierce;

(e) Raw human waste, including soiled baby diapers, regardless of whether or not the waste is in a container of any sort; and

(f) Nails or tacks.

(9) “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.

(10) “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.

(11) “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 WAC 173-310-010 through 173-310-100, three copies thereof being on file in the office of the city clerk, which regulations are by this reference adopted as a part hereof as if set forth in this chapter in full.

(12) “Vehicle” 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.

(13) “Watercraft” means any boat, ship, vessel, barge or other floating craft. (Ord. 3107 § 1, 2009; Ord. 1686 § 1, 1974).

7.32.040 Litter in general.

(1) 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 any waters 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 the public place, private residence or other private property; or

(c) 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.

(2) (a) Except as provided in subsection (3) of this section, it is a Class III civil infraction as provided in LMC 1.30.040 and RCW 7.80.120 for a person to litter in an amount less than or equal to one cubic foot.

(b) It is a misdemeanor for a person to litter in an amount greater than one cubic foot but less than one cubic yard. Unless suspended or modified by a court, the person shall also pay a litter cleanup restitution fee equal to twice the actual cost of cleanup, or $50.00 per cubic foot of litter, whichever is greater. The court shall distribute one-half of the restitution payment to the landowner and one-half of the restitution payment to the law enforcement agency investigating the incident. The court may, in addition to or in lieu or part or all of the cleanup fee, order the person to pick up and remove litter from the property, with prior permission of the legal owner, or, in the case of public property, of the agency managing the property.

(c) It is a gross misdemeanor for a person to litter in an amount of one cubic yard or more. The person shall also pay a litter cleanup restitution payment equal to twice the actual cost of cleanup, or $100.00 per cubic foot of litter, whichever is greater. Restitution shall include, but not be limited to, the time of the city staff expended in the enforcement and cleanup of the violation(s). The court shall distribute one-half of the restitution payment to the landowner and one-half of the restitution payment to the law enforcement agency investigating the incident. The court may, in addition to or in lieu of part or all of the cleanup restitution payment, order the person to pick up and remove litter from the property, with prior permission of the legal owner or, in the case of public property, of the agency managing the property. The court may suspend or modify the litter cleanup restitution payment for a first-time offender under this section, if the person cleans up and properly disposes of the litter.

(3) It is a Class I civil infraction as provided in LMC 1.30.040 and RCW 7.80.120 for a person to discard, in violation of this section, potentially dangerous litter in any amount. (Ord. 3107 § 1, 2009; Ord. 2776 § 1, 2000; Ord. 1686 § 1, 1974).

7.32.050 Penalty for failure to place litter receptacles.

Any person who fails to place such litter receptacles on the premises in the numbers and design required by state regulation thereby violates the provisions of this section, and shall be subject to a fine of $10.00 for each day of violation. (Ord. 3107 § 1, 2009; Ord. 1686 § 1, 1974).

7.32.060 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, alley, 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. (Ord. 3107 § 1, 2009; Ord. 1686 § 1, 1974).

7.32.070 Removal of litter.

It shall be the responsibility of the city, 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. (Ord. 3107 § 1, 2009; Ord. 1686 § 1, 1974).

7.32.080 Mandatory litter bags.

Repealed by Ord. 3107. (Ord. 1686 § 1, 1974).

7.32.090 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; 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. 3107 § 1, 2009; Ord. 1686 § 1, 1974).

7.32.100 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, except leaves as above provided, 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. 3107 § 1, 2009; Ord. 1686 § 1, 1974).

7.32.110 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. In addition, the owner, lessee, occupant or agent thereof, or any person having the care or charge of any property that has alley access or an alley right-of-way easement, shall be responsible for maintaining that portion of the alley that fronts said property up to and including one-half of the apparent alley centerline, and shall keep said alley or alley easement maintained in a clean, safe and sanitary condition so as not to cause a blighting problem or adversely affect the public health, safety or welfare. (Ord. 3107 § 1, 2009; Ord. 1686 § 1, 1974).

7.32.120 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, alley 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, alley 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. 3107 § 1, 2009; Ord. 1686 § 1, 1974).

7.32.130 Placing commercial and noncommercial 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. 3107 § 1, 2009; Ord. 1686 § 1, 1974).

7.32.140 Depositing commercial and noncommercial handbills on 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. 3107 § 1, 2009; Ord. 1686 § 1, 1974).

7.32.150 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 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. 3107 § 1, 2009; Ord. 1686 § 1, 1974).

7.32.160 Distributing commercial and noncommercial handbills at inhabited private residences.

(1) 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.

(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 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. 3107 § 1, 2009; Ord. 1686 § 1, 1974).

7.32.170 Litter thrown by persons in vehicles.

No person, while a driver or passenger in a vehicle, shall throw or otherwise deposit litter upon any street, alley or other public place or upon any private residence or private property. (Ord. 3107 § 1, 2009; Ord. 1686 § 1, 1974).

7.32.180 Vehicle loading.

(1) 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.

(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 the public street to be cleaned of all such glass or other objects and shall pay any cost therefor. (Ord. 3107 § 1, 2009; Ord. 1686 § 1, 1974).

7.32.190 City inspections for litter receptacles.

(1) At such times as the fire department or other local fire control agency makes routine or other fire inspections within the city, it shall also be the duty of the fire department to inspect all such inspected premises to assure compliance with the requirements for placing and maintaining litter receptacles as required by this chapter. In the event violations of this chapter are found, members of the fire department are authorized to issue citations and the other legal process authorized in this chapter as in the case of police and other law enforcement personnel.

(2) The community and economic development department of the city shall not approve occupancy of any building, structure or other improvement for new construction or modification to any existing building, structure or other improvement for which a building permit is required, nor give final inspection approval to any such building, structure or other improvement, until litter receptacles as herein required have been set in place on the subject property. (Ord. 3107 § 1, 2009; Ord. 2774, 2000; Ord. 1686 § 1, 1974).

7.32.200 Enforcement officers and procedures.

Enforcement of this chapter may be by any police officer or other law enforcement officer, jurisdictional health department personnel and those public employees charged with the responsibility of operating and maintaining all public places within the provisions of this chapter. All such enforcement officers are empowered to issue citations to and/or arrest without warrant persons violating any provision of this chapter. The enforcement officers may serve and execute all warrants, citations and other process issued by the courts. In addition, mailing by registered 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. Nothing herein contained shall be construed as relieving the state and county authorities from their duties and responsibilities for enforcing the state law and state regulations pertaining to this same subject matter. (Ord. 3107 § 1, 2009; Ord. 1686 § 1, 1974).

7.32.210 Severability.

If any section, subsection, sentence, clause, phrase, words or word of this chapter 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 chapter, it being 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 sections, subsections, sentences, clauses, phrases, words or word be declared or otherwise found unconstitutional or invalid for any reason. (Ord. 3107 § 1, 2009; Ord. 1686 § 1, 1974).

7.32.220 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 shall be construed as applicable. The stated remedies in this chapter are not intended to be exclusive and the city may pursue any remedies available by law. (Ord. 3107 § 1, 2009; Ord. 1686 § 1, 1974).