Chapter 9.34
LITTERING
Sections:
9.34.020 Littering in public place.
9.34.040 Placing handbills on vehicles.
9.34.050 Handbill distribution prohibited where posted.
9.34.060 Distribution of handbills at private premises.
9.34.010 Definitions.
For the purpose of this chapter the following terms, phrases, words and their derivations shall have the meanings given herein:
(1) “Aircraft” is any contrivance now known or hereafter invented, used, or designed for navigation or for flight in the air. The word “aircraft” shall include, but is not limited to, helicopters and lighter-than-air dirigibles and balloons.
(2) “Authorized receptacle” is a litter storage and collection receptacle as authorized by the city of Port Orchard.
(3) “Commercial handbill” is any printed or written matter, sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, or any printed or otherwise reproduced original or copies of any matter of literature which:
(a) Advertises for sale any merchandise, product, commodity, or thing; or
(b) Directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting thereof by sales; or
(c) Directs attention to or advertises any meeting, theatrical performance, exhibition, or event of any kind, for which an admission fee is charged for the purposes 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 purposes of defraying the expenses incident to such meeting, theatrical performance, exhibition, or event of any kind, when either 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 welfare; 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 law of this state, or under any ordinance of this city; or
(d) 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.
(4) “Garbage” is putrescible animal and vegetable wastes resulting from the handling, preparation, cooking, and consumption of food.
(5) “Litter” is “garbage,” “refuse,” and “rubbish” as defined herein and all other waste material which, if thrown or deposited as prohibited in this chapter, tends to create a danger to public health, safety, and welfare.
(6) “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, shall mean and include any periodical or current magazine regularly published with not less than four issues per year, and sold to the public.
(7) “Noncommercial handbill” is any printed or written matter, sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, or any printed or otherwise reproduced original or copies of any matter of literature not included in the definition of a “commercial handbill” or “newspaper.”
(8) “Private premises” is any house, building, dwelling or other structure, designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such building, house, dwelling or other structure.
(9) “Refuse” is all putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and solid market and industrial wastes.
(10) “Rubbish” is nonputrescible solid wastes consisting of both combustible and noncombustible wastes such as paper, wrappings, cigarettes, tin cans, yard clippings, wood, glass, bedding, crockery, and similar materials.
(11) “Potentially dangerous litter” means litter that is likely to injure a person or cause damage to a vehicle or other property. “Potentially dangerous litter” includes but is not limited to:
(a) Cigarettes, cigars, or other tobacco products that are capable of starting a fire;
(b) Glass;
(c) A container or other product made predominantly or entirely of 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. (Ord. 003-07 § 1; Ord. 1724 § 17, 1998).
9.34.020 Littering in public place.
(1) No person shall throw or deposit litter in or upon any public place within the city except in public receptacles or in authorized private receptacles for collection.
(2) Persons placing litter in public receptacles or authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements in or upon any public place or private property.
(3) No person shall move any vehicle within the city unless such vehicle is so constructed or loaded as to prevent any litter from being blown or deposited upon any public place.
(4) No person shall throw out, drop or deposit within the city any litter, handbill, or any other object.
(5) Littering in a public place is a misdemeanor. (Ord. 1724 § 17, 1998).
9.34.030 Posting notices.
(1) No person shall post or affix any notice, poster, or other paper or device, calculated to attract the attention of the public, to any lamppost, public utility pole, or upon any public structure or building except as may be authorized or required by law.
(2) No person shall be prosecuted under this section unless the violation occurred subsequent to that person receiving actual notice that such conduct is criminal.
(3) Posting notices is a misdemeanor. (Ord. 1724 § 17, 1998).
9.34.040 Placing handbills on vehicles.
(1) No person shall 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 or distribute without charge to the receiver thereof a noncommercial handbill to any occupant of a vehicle who is willing to accept it.
(2) Placing handbills on vehicles is a misdemeanor. (Ord. 019-13 § 1; Ord. 1724 § 17, 1998).
9.34.050 Handbill distribution prohibited where posted.
(1) No person shall deposit or distribute any commercial or noncommercial handbill upon any private premises, if required by anyone thereon not to do so, or if there is placed on the premises in a conspicuous position near the entrance thereof, a sign bearing the words: “No Trespassing,” “No Peddlers or Agents,” “No Advertisements”, “No Soliciting,” or any other similar notice, indicating in any manner that the occupants of the premises do not desire to be molested or have their right of privacy disturbed, or to have any such handbills left upon such premises.
(2) Distribution of a handbill in violation of this section is a misdemeanor. (Ord. 1724 § 17, 1998).
9.34.060 Distribution of handbills at private premises.
(1) No person shall deposit or distribute any commercial or noncommercial handbill in or upon any private premises, except by handing or transmitting such handbill directly to the owner, occupant, or other person then present in or upon such private premises, or by placing or depositing such handbill as to secure them from being blown or drifted about such premises or any public place.
(2) 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 property in such a manner as to prevent their being carried or deposited by the elements upon any private premises or public place.
(3) Distribution of a handbill in violation of this section is a misdemeanor. (Ord. 1724 § 17, 1998).
9.34.070 Dangerous litter.
It is a Class 1 civil infraction as provided in RCW 7.80.120, as now or hereafter amended, for a person to discard potentially dangerous litter. (Ord. 003-07 § 2).