Chapter 8.08
LITTER CONTROL
Sections:
8.08.050 Receptacle – Placement.
8.08.070 Receptacle – Damaging.
8.08.080 Receptacle – Removal of litter.
8.08.090 Sweeping litter into gutter.
8.08.120 Flyers – Distribution.
8.08.130 Littering while in vehicles.
8.08.150 Receptacle – Inspections.
8.08.170 Penalty for violation.
8.08.010 Title.
This chapter shall be known and may be commonly referred to and cited as the “uniform litter control code.” (Ord. 2125 § 1 (Exh. A), 2024)
8.08.020 Purpose.
The purpose of this chapter is to accomplish litter control in the city and pursuant to the general laws of the state to adopt basically uniform and coordinated litter control local legislation throughout the state. 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 flyers. (Ord. 2125 § 1 (Exh. A), 2024)
8.08.030 Definitions.
As used in this uniform litter control code, unless the context clearly indicates otherwise, the following terms have the following meanings. All words used in the present tense include the future and past tenses; all words in the plural number include the singular number, and all words in the singular number include the plural number. The word “shall” is always mandatory and not merely directory.
“City” means the city of Newport, Washington.
“Flyer” is any printed or written matter, excluding newspapers, which advertises for sale any merchandise, product, commodity, or thing or which directs attention to any business or commercial establishment, or other activity or event of any kind.
“Highway,” for the purpose of this chapter, is synonymous with and includes street, road and alley.
“Litter” means all solid wastes including but not limited to containers, packages, wrapping, printed matter or other material thrown or deposited as prohibited in this chapter, but not including the wastes of the primary processes of mining, logging, sawmilling, farming, or manufacturing.
“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.
“Litter receptacle” means those containers meeting minimum requirements of state regulations of the state Department of Ecology.
“Newspaper” is any newspaper of general circulation as defined by general law.
“Park” is a park, reservation, playground, beach, recreation center or any other area in the city, devoted to active or passive outdoor recreation.
“Person” is any individual, political subdivision, government agency, municipality, industry, public or private corporation, copartnership, association, firm, or other entity whatsoever.
“Private property” means any property not publicly owned or held out for use by the public.
“Public place” means any area that is used or held out for use by the public, whether owned or operated by public or private interests.
“Road,” for the purpose of this chapter, is synonymous with and includes street, highway and alley.
“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.
“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 the Washington Administrative Code.
“Street,” for the purpose of this chapter, is synonymous with and includes road, highway and alley.
“Vehicle” includes every device capable of being moved upon a public street and in, upon, or by which any person or property is or may be transported or drawn upon a public street, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks.
“Watercraft” means any boat, ship, vessel, barge, or other floating craft. (Ord. 2125 § 1 (Exh. A), 2024)
8.08.040 Littering.
A. 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 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 the 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 said public place, or any 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 the 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, rules or regulations.
B. Penalty. Any person violating the provisions of this section shall be subject to a Class 2 civil infraction under NMC 1.16.030 and in addition to or in lieu of any other penalty, such person may, in the sound discretion of the court, be directed by the court to pick up and remove from any public place or any private property, with permission of the legal owner or other person having legal possession upon which it is established by competent evidence that the person has deposited litter, any and all litter deposited thereon by anyone prior to the date of execution of sentence. (Ord. 2125 § 1 (Exh. A), 2024)
8.08.050 Receptacle – Placement.
A. Litter receptacles shall be placed in all 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 need as specified by state regulation.
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.
C. Penalty. Any person who fails to place such litter receptacles on the premises in the numbers and design required by state regulation, violating the provisions of this section, shall be subject to Class 3 civil infraction as identified in NMC 1.16.030. (Ord. 2125 § 1 (Exh. A), 2024)
8.08.060 Receptacle – Use.
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 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. 2125 § 1 (Exh. A), 2024)
8.08.070 Receptacle – Damaging.
It is unlawful for any person to willfully damage or deface any litter receptacle of another person. Any person found to have willfully damaged or defaced any litter receptacle shall be subject to a Class 2 civil infraction under NMC 1.16.030. (Ord. 2125 § 1 (Exh. A), 2024)
8.08.080 Receptacle – Removal of litter.
It shall be the responsibility of the local municipality, other agency or person owning or maintaining the receptacle for the removal of litter from litter receptacles placed in parks, beaches, campgrounds, and other public places. (Ord. 2125 § 1 (Exh. A), 2024)
8.08.090 Sweeping litter into gutter.
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. Persons owning or occupying property shall keep the sidewalks in front of their premises free of litter. (Ord. 2125 § 1 (Exh. A), 2024)
8.08.100 Businesses.
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 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. 2125 § 1 (Exh. A), 2024)
8.08.110 Residences.
The owner or person in control of any property shall at all times maintain the premises free of litter. (Ord. 2125 § 1 (Exh. A), 2024)
8.08.120 Flyers – Distribution.
No person shall throw or deposit any flyer in or upon any uninhabited or vacant private property. 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 public place or upon private property. (Ord. 2125 § 1 (Exh. A), 2024)
8.08.130 Littering while in vehicles.
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 property. (Ord. 2125 § 1 (Exh. A), 2024)
8.08.140 Vehicle loading.
A. No vehicle shall be driven or moved on any public street unless the vehicle is so constructed or 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 roadway surface in the cleaning or maintaining of the roadway by public authority having jurisdiction for it or by persons under contract or other authorization by the 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 the 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. 2125 § 1 (Exh. A), 2024)
8.08.150 Receptacle – Inspections.
The building department 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 required in this chapter have been set in place on the subject property. In the event violations of this chapter are found, members of the building department are authorized to issue citations and other legal process authorized in this chapter as in the case of police and other law enforcement personnel. (Ord. 2125 § 1 (Exh. A), 2024)
8.08.160 Enforcement.
Enforcement of this chapter may be by any law enforcement officer or designee by the chief of police. All such enforcement officers are empowered to sign complaints for all violations of this chapter. Said enforcement officers may serve and execute all warrants, citations, and other processes issued by the courts. In addition, mailing by registered mail of such warrant, citation, or other process to the last known place or residence of the offender shall be deemed personal service upon the person charged. (Ord. 2125 § 1 (Exh. A), 2024)
8.08.170 Penalty for violation.
Any person violating any of the provisions of this chapter for which no penalty is specifically provided within the specific section violated shall be subject to violation under Chapter 1.16 NMC. (Ord. 2125 § 1 (Exh. A), 2024)