Chapter 8.04
LITTER CONTROL
Sections:
8.04.040 Litter generally—Penalty.
8.04.050 Litter receptacles required where—Failure to comply—Penalty.
8.04.060 Use of receptacles—Failure to comply—Penalty.
8.04.070 Damaging receptacles—Penalty.
8.04.090 Mandatory litter bags.
8.04.100 Sweeping litter into gutter or other public place or right-of-way prohibited.
8.04.110 Merchants’ duty to keep sidewalks clean.
8.04.120 Owner to maintain litter-free premises.
8.04.130 Throwing or distributing commercial handbill.
8.04.140 Placing handbills on vehicles.
8.04.150 Litter thrown by persons in vehicles.
8.04.170 Litter receptacles—City inspections.
8.04.180 Enforcement officers and procedures.
8.04.010 Short title.
This chapter shall be known and may be commonly referred to and cited as the “uniform litter-control code.” (Ord. 108 § 1, 1973)
8.04.020 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 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 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. 108 § 21, 1973)
8.04.030 Definitions.
As used in this chapter, 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 tense, 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.
A. “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, which:
1. Advertise for sale any merchandise, product, commodity or thing; or
2. Direct 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
3. Direct attention to or advertise 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 clause 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 are held, given or take 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 deemed to authorize the holding, giving or taking place of 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
4. While containing reading matter other than advertising matter, are predominantly and essentially advertisements and are distributed or circulated for advertising purposes, or for the private benefit and gain of any per-son so engaged as advertiser or distributor.
B. “Highway” is synonymous with and includes street, road and alley.
C. “Litter” means all solid wastes including but not limited to containers, packages, wrapping, printed matter, cut or uprooted water weeds, brush, grass clippings or other material thrown or deposited as herein prohibited, but not including the wastes of the primary processes of mining, logging, sawmilling, farming or manufacturing.
D. “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.
E. “Litter receptacle” means those containers meeting or exceeding minimum requirements of state regulations of the State Department of Ecology.
F. “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.
G. “Noncommercial handbill” is any printed or written matter, any sample, or device, dodger, circular, leaf-let, 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.
H. “Park” is a park, reservation, playground, beach, recreation center or any other area in the city, devoted to active or passive outdoor recreation.
I. “Person” is any individual, political subdivision, government agency, municipality, industry, public or private corporation, copartnership, association, firm, or other entity, whatsoever.
J. “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.
K. “Public place” means any area that is used by the public whether owned or operated by public or private interests.
L. “Road” is synonymous with and includes street, highway and alley.
M. “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.
N. “State regulations” means the regulations duly promulgated and adopted by the state Department of Ecology pursuant to RCW Chapter 34.04 and codified or prepared for codification as part of the Washington Administrative Code, copies of the applicable portions of which are attached to the ordinance codified in this chapter, marked Exhibit “A,” and on file in the office of the city clerk/treasurer.
O. “Street” is synonymous with and includes road, highway and alley.
P. “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.
Q. “Watercraft” means any boat, ship, vessel, barge or other floating craft.
(Ord. 693 § 1, 2000; Ord. 593 § 1, 1996; Ord. 108 § 2, 1973)
8.04.040 Litter generally—Penalty.
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 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:
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 such property; or
2. Into a litter receptacle or other container in such a 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 waters; 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.
B. Any person violating the provisions of this section shall be guilty of a Class C offense as defined by Section 7.01.050 of this code for the first offense, and the fine or bail forfeiture for such violation shall be fifty dollars if the volume of litter is less than or equal to one cubic foot. If the volume of litter exceeds one cubic foot, the penalty shall be two hundred fifty dollars for such first offense. In addition thereto, at the discretion of the court, and with the permission of the legal owner or other person having legal possession of the property, any such violator may be directed by the court to pick up and remove from any public place or waters, or any private residence or other property upon which the court determines that the violator has deposited litter, any and all litter deposited thereon by anyone prior to the date of execution of the judgment and sentence, regardless of the volume of litter. All subsequent violations of the provisions of this section within a period of one year shall be guilty of a Class B offense as defined in Section 7.01.050 of this code, and the court may also include as a part of the judgment and sentence an order requiring pickup and removal of litter as described hereinabove.
(Ord. 693 § 2, 2000; Ord. 593 § 2, 1996; Ord. 281 § 3 (part), 1979: Ord. 108 § 3, 1973)
8.04.050 Litter receptacles required where—Failure to comply—Penalty.
A. Litter receptacles shall be placed in all parks, trailer parks in respect to the service of transient habitation, 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 is 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. Any person who violates the provisions of this section by failing to place such litter receptacles on the premises in the numbers and design required by state regulations for a first offense shall be guilty of a Class C offense as defined in Section 7.01.050 of this code for a first offense, and shall be subject to a fine of ten dollars. Each day the violation continues shall be a separate offense. Any and all subsequent violations of this section within a period of one year shall be guilty of a Class B offense as defined in Section 7.01.050 of this code.
(Ord. 693 § 3, 2000; Ord. 281 § 3 (part), 1979: Ord. 108 § 4, 1973)
8.04.060 Use of receptacles—Failure to comply—Penalty.
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 residence or other 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 such as public parks and beach approaches, and in no event shall be used for the disposal of other solid waste accumulated in residences or places of business.
C. Any person violating the provisions of this section shall be guilty of a Class C offense as defined in Section 7.01.050 of this code for a first offense, and shall be subject to a fine of two hundred fifty dollars. Each day the violation continues shall be a separate offense. Any and all subsequent violations of this section within a period of one year shall be guilty of a Class B offense as defined in Section 7.01.050 of this code.
(Ord. 693 § 4, 2000; Ord. 593 § 3, 1996; Ord. 108 § 5, 1973)
8.04.070 Damaging receptacles—Penalty.
A. It is unlawful for any person to wilfully damage or deface any litter receptacle of another person.
B. Upon conviction for such violation, such violator shall be guilty of a Class C offense as defined in Title 7 of this code, and shall be subject to a fine of one hundred dollars for each such violation.
(Ord. 281 § 3 (part), 1979: Ord. 108 § 6, 1973)
8.04.080 Removal of litter.
Responsibility for the removal of litter from receptacles placed at parks, beaches, campgrounds, trailer parks, and other public places shall remain upon those state and local agencies and/or persons maintaining the same for the removal of litter. Removal of litter from receptacles placed on private property, which is used by the public, shall remain the responsibility of the owner of such private property. (Ord. 693 § 5, 2000; Ord. 108 § 7, 1973)
8.04.090 Mandatory litter bags.
The owner and person in possession of all vehicles or watercraft shall keep and use a litter bag in the vehicle or watercraft at all times which litter bag shall be maintained in such vehicle or watercraft in a place in which the same may be viewed from the outside of such vehicle or watercraft whether or not the vehicle or watercraft is locked or otherwise secured from entry. (Ord. 108 § 8, 1973)
8.04.100 Sweeping litter into gutter or other public place or right-of-way prohibited.
A. 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.
B. No person shall deposit construction, household, or hazardous waste materials onto public property and/or right-of-way.
(Ord. 693 § 1, 2000: Ord. 108 § 9, 1973)
8.04.110 Merchants’ duty to keep sidewalks clean.
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. 108 § 10, 1973)
8.04.120 Owner to maintain litter-free premises.
The owner or person in control of any private residence or other property, including construction sites while under construction, shall at all times maintain the premises free of litter. (Ord. 593 § 4, 1996: Ord. 108 § 11, 1973)
8.04.130 Throwing or distributing commercial handbill.
No person shall throw or deposit any commercial or noncommercial 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 is not 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 noncommercial handbill to any person willing to accept it. (Ord. 108 § 12, 1973)
8.04.140 Placing handbills on vehicles.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle; provided, however, that it shall not be 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. 108 § 13, 1973)
8.04.150 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 or other public place or upon any private residence or private property. (Ord. 108 § 17, 1973)
8.04.160 Vehicle loading.
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 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 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 injure a vehicle or otherwise endanger travel upon such public street, shall immediately cause said public street to be cleaned of all such glass or other objects and shall pay any cost therefor.
C. No person shall drive or move any truck or other vehicle 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.
(Ord. 593 § 5, 1996; Ord. 108 § 18, 1973)
8.04.170 Litter receptacles—City inspections.
A. 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.
B. 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 herein required have been set in place on the subject property. All construction debris shall remain secured during construction or modification. In the event violations of this chapter are found, members of the Ocean Shores police department and code enforcement are authorized to issue citations and other legal process authorized in this chapter.
(Ord. 693 § 10, 2000; Ord. 108 § 19, 1973)
8.04.180 Enforcement officers and procedures.
Enforcement of this chapter may be by any police officer, code enforcement officer, or other law enforcement officer. All such enforcement officers are empowered to issue citations 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 warrants, citations, 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 as may be otherwise permitted under applicable state regulations, state statute, ordinance, or court rule. (Ord. 693 § 11, 2000: Ord. 108 § 20, 1973)
8.04.190 Violation—Penalty.
Every person convicted of a violation under this chapter for which no penalty is specifically provided within the specific section shall be guilty of a Class C offense as that crime is defined by Section 7.01.050 for a first offense. Any subsequent violation within one year shall be a Class B offense as defined by Section 7.01.050. (Ord. 693 § 12, 2000: Ord. 593 § 6, 1996: Ord. 281 § 3 (part), 1979: Ord. 108 § 24, 1973)