Chapter 8.28
LITTERING
Sections:
8.28.030 Prohibited – Exceptions.
8.28.040 Distribution of handbills.
8.28.050 Depositing handbills on vacant property.
8.28.070 Receptacles – Placement – Maintenance responsibility.
8.28.080 Receptacles – Responsibility for emptying.
8.28.090 Receptacles in public places not to be used for garbage from business and residences.
8.28.100 Receptacles – Damaging.
8.28.110 Litter bags in vehicles and watercraft.
8.28.120 Streets and sidewalks to be kept free of litter.
8.28.130 Littering from vehicles.
8.28.140 Spilled or lost cargo – Responsibility for cleanup.
8.28.160 Conflicting provisions.
8.28.010 Citation.
The ordinance codified in this chapter shall be known and may be commonly referred to as the “Mount Vernon Litter Control Code.” (Ord. 2217 § 1, 1986).
8.28.020 Purpose.
The purpose of this chapter is to accomplish litter control in the city. This chapter is intended to place upon all persons within the city the duty of contributing to the public cleanliness of the city and appearance in order to promote the public health, safety and general 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 littering. (Ord. 2217 § 2, 1986).
8.28.030 Prohibited – Exceptions.
No person shall throw, drop, deposit, discard or otherwise dispose of litter as that term is defined in RCW 70.93.030(4), upon any public place in the city or upon any private property not owned by him, or in any waters within the jurisdiction of the city whether from a vehicle or otherwise, including but not limited to any sidewalk, street, alley, highway or park, except:
A. When such property is designated by the state or by any of its agencies or the city for disposal of garbage and refuse, and such person is authorized by the proper public authority to use such property;
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 said public place or any private property; or
C. 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, 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. (Ord. 2217 § 3, 1986).
8.28.040 Distribution of handbills.
No persons shall throw, scatter, place or deposit any handbill, dodger, or paper of any kind whatsoever on any street, sidewalk, alley or public place within the city, provided, however, that it shall not be unlawful for any person to hand out without charge to the receiver thereof any handbill to any occupant of a vehicle or to any person who is willing to accept it. (Ord. 2217 § 12, 1986; Ord. 267 § 2, 1909).
8.28.050 Depositing handbills on vacant property.
No persons shall throw or deposit any handbill in or upon any uninhabited or vacant private property or upon any property posted with a conspicuous sign prohibiting the deposit of handbills; provided, however, the provisions of this section shall not apply to distribution of mail by the United States Postal Service nor to newspapers 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 public place or upon private property. (Ord. 2293 § 1, 1988; Ord. 2217 § 13, 1986).
8.28.060 Enforcement.
Enforcement of this chapter may be by any police officer. All such enforcement officers are empowered to issue citations to persons violating the provisions of this chapter. Said enforcement officers may serve and execute all warrants, citations and other process issued by the courts. (Ord. 2217 § 5, 1986).
8.28.070 Receptacles – Placement – Maintenance responsibility.
A. Litter receptacles shall be placed in all places in respect to the service of transient habitation, parks, trailer parks, 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 the need as specified by state regulations.
B. 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. (Ord. 2217 § 6, 1986).
8.28.080 Receptacles – Responsibility for emptying.
It shall be the responsibility of the local municipality, or other agency or person owning or maintaining park, beach, campground or other public place to remove the litter from the litter receptacles placed on such property. (Ord. 2217 § 9, 1986).
8.28.090 Receptacles in public places not to be used for garbage from business and residences.
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 or other solid waste accumulated in residences or places of business. (Ord. 2217 § 7, 1986).
8.28.100 Receptacles – Damaging.
It is unlawful for any person to willfully damage or deface any litter receptacle. (Ord. 2217 § 8, 1986).
8.28.110 Litter bags in vehicles and watercraft.
The owner and person in possession of all vehicles or watercraft shall keep a litter bag in said vehicle or watercraft at all times. (Ord. 2217 § 10, 1986).
8.28.120 Streets and sidewalks to be kept free of litter.
No person shall sweep into or deposit in any gutter, street, alley or other public place the accumulation of litter from any building, 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. (Ord. 2217 § 11, 1986).
8.28.130 Littering from vehicles.
No person, while a driver or passenger in a vehicle, shall throw or otherwise deposit litter upon any public place or upon any private property. (Ord. 2217 § 14, 1986).
8.28.140 Spilled or lost cargo – Responsibility for cleanup.
A. No vehicle shall be driven or moved on any public 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 and 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 person under contract or other authorization from 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 such public street to be cleaned of all such glass or other objects and shall pay any cost therefor. (Ord. 2217 § 15, 1986).
8.28.150 Severability.
If any section, word or words of this chapter is found to be unconstitutional or otherwise invalid, such unconstitutionality or invalidity shall not affect the remaining portions of this chapter. (Ord. 2217 § 16, 1986).
8.28.160 Conflicting provisions.
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. (Ord. 2217 § 17, 1986).
8.28.170 Violation – Penalty.
Any person, firm or corporation violating any of the provisions of this chapter is guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in MVMC 1.20.010. (Ord. 1728 § 1, 1974; Ord. 267 § 3, 1909).
8.28.180 Additional penalty.
In addition to any penalty, provided upon conviction of a violation of this chapter, except where infirmity or age or other circumstances would create a substantial hardship, any person convicted of violating the provisions of this chapter shall be directed by the court in which the penalty is levied to pick up and remove litter from public property and/or private property with prior permission of the legal owner for not less than eight hours or more than 16 hours for each separate offense. The court shall schedule the time to be spent on such activities in such a manner that it does not interfere with the person’s employment and does not interfere substantially with the person’s family responsibilities. Courts may designate the city official responsible for supervising community service workers to coordinate and supervise the work performed pursuant to this section. (Ord. 2217 § 4, 1986).