Chapter 8.24
UNIFORM LITTER CONTROL CODE1
Sections:
8.24.030 Chapter interpretation.
8.24.040 Litter – Defined – Prohibited where.
8.24.050 Sweeping litter into gutter prohibited – Property owners to keep sidewalks free of litter.
8.24.060 Litter receptacles – Placement.
8.24.070 Litter receptacles – Use restrictions.
8.24.080 Litter receptacles – Responsibility for emptying.
8.24.090 Litter receptacles – Damaging unlawful.
8.24.100 Handbills – Throwing prohibited – Handing out lawful when.
8.24.110 Handbills – Depositing on uninhabited or vacant property prohibited – Exemptions.
8.24.120 Vehicles and watercraft – Litter bags mandatory.
8.24.130 Vehicles – Throwing litter prohibited.
8.24.140 Vehicles – Spilling load prohibited – Exception – Cleanup.
8.24.010 Short title.
This chapter shall be known and may be commonly referred to as the Uniform Litter Control Code. (Ord. 595 § 1, 1983).
8.24.020 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 and appearance of the city 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 expense incident to littering. (Ord. 595 § 2, 1983).
8.24.030 Chapter 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. (Ord. 595 § 18, 1983).
8.24.040 Litter – Defined – Prohibited where.
A. “Litter,” as defined in RCW 70.93.030(4), means all waste material, including but not limited to disposable packages or containers thrown or deposited as prohibited in this chapter, but not including the wastes of the primary processes of mining, logging, sawmilling, farming or manufacturing.
B. No person shall throw, drop, deposit, discard or otherwise dispose of litter 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:
1. 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 so use such property;
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 the public place or any private property; or
3. 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 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. (Ord. 595 § 3, 1983).
8.24.050 Sweeping litter into gutter prohibited – Property owners to keep sidewalks 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, public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalks in front of their premises free of litter. (Ord. 595 § 11, 1983).
8.24.060 Litter receptacles – Placement.
A. Litter receptacles shall be placed in all locations subject to transient habitation, including but not limited to, 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, place, and maintain such litter receptacles at their own expense on the premises, in accord with such state regulations. (Ord. 595 § 6, 1983).
8.24.070 Litter receptacles – Use restrictions.
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. 595 § 7, 1983).
8.24.080 Litter receptacles – Responsibility for emptying.
It shall be the responsibility of the local municipality, agency or person owning or maintaining litter receptacles to remove litter from litter receptacles placed in parks, beaches, campgrounds and other public places. (Ord. 595 § 9, 1983).
8.24.090 Litter receptacles – Damaging unlawful.
It shall be unlawful for any person to willfully damage or deface any litter receptacle. (Ord. 595 § 8, 1983).
8.24.100 Handbills – Throwing prohibited – Handing out lawful when.
No person shall throw or deposit any handbill upon any 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 any other person who is willing to accept it. (Ord. 595 § 12, 1983).
8.24.110 Handbills – Depositing on uninhabited or vacant property prohibited – Exemptions.
A. Prohibited Where. No person shall throw or deposit any handbill in or upon any uninhabited or vacant private property.
B. 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, 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. 595 § 13, 1983).
8.24.120 Vehicles and watercraft – Litter bags mandatory.
The owner and person in possession of all vehicles or watercraft shall keep a litter bag in the vehicle or watercraft at all times. (Ord. 595 § 10, 1983).
8.24.130 Vehicles – Throwing litter prohibited.
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. 595 § 14, 1983).
8.24.140 Vehicles – Spilling load prohibited – Exception – 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 persons under contract or other authorization by 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 damage 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. 595 § 15, 1983).
8.24.150 Enforcement.
Enforcement of this chapter may be by any police officer. All such enforcement officers are empowered to issue citations to and/or arrest without warrant persons violating the provisions 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. (Ord. 595 § 5, 1983).
8.24.160 Violation – Penalty.
A. Civil Penalties. Any person who violates the provisions of this chapter shall be subject to a penalty in the amount of not less than fifty dollars ($50) and not more than three hundred dollars ($300).
B. Gross Misdemeanor. In addition to the penalty imposed in subsection A of this section, any person who violates any provision of this chapter more than two times shall be guilty of a gross misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars ($100) and not more than five hundred dollars ($500), or by imprisonment in the city jail for not more than ninety (90) days, or by both such fine and imprisonment.
C. Litter Removal. In addition thereto, except where infirmity or age or other circumstances would create a hardship, any such person shall be directed by the court in which the fine 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 (8) hours nor more than sixteen (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. (Ord. 595 § 4, 1983).
For statutory provisions prohibiting littering, see RCW 70.93.060; for provisions regarding the Model Litter Control Act, see generally RCW Ch. 70.93.