Chapter 8.50
LITTERING
Sections:
8.50.040 Prohibited—Exceptions.
8.50.060 Receptacles—Placement—Maintenance responsibility.
8.50.070 Receptacles—Responsibility for emptying.
8.50.080 Receptacles in public places not to be used for garbage from businesses and/or residences.
8.50.090 Receptacles—Damaging.
8.50.100 Streets and sidewalks to be kept free of litter.
8.50.110 Littering from vehicles.
8.50.120 Spilled or lost cargo—Responsibility for cleanup.
8.50.130 Removal of evicted personal property and/or solid waste onto public access.
8.50.150 Conflicting provisions.
8.50.010 Citation.
The ordinance codified in this chapter shall be known and may be commonly referred to as the “Sedro-Woolley Litter Control Code.” (Ord. 2021-22 § 2, 2022)
8.50.020 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. 2021-22 § 2, 2022)
8.50.030 Definitions.
“Abate” means to take steps deemed necessary by the director, including but not limited to rehabilitation, demolition, removal, replacement, or repair, in the interest of the general health, safety, and welfare of the community.
“City” means the city of Sedro-Woolley, Washington.
“Garbage” means all waste and discarded materials from dwellings, flats, rooming houses, hotels, clubs, restaurants, boardinghouses, eating places, shops and places of business, including rubbish and debris, waste and discarded food, animal and vegetable matter, brush, grass, weeds, wastepaper, cans, glass, ashes and similar material.
“Litter” has the same definition as “Garbage.”
“Nuisance” has the meaning specified in Chapter 8.16.
“Person” means an individual, firm, lessor, association, copartnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever.
“Personal property” means all property that is not otherwise real property.
“Premises” means any building, lot, parcel, real estate, land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
“Property” means any object of value that a person may lawfully acquire and hold, including real or personal property, and that which is affixed, incidental, or appurtenant to real property, including but not limited to any structure, fence, wall, sign, or any separate part thereof, whether permanent or not.
“Public place” means that portion of any building or vehicle used by and open to the public, regardless of whether the building or vehicle is owned in whole or in part by private persons or entities, the state of Washington, or other public entity, and regardless of whether a fee is charged for admission. A public place does not include a private residence unless the private residence is used to provide licensed childcare, foster care, adult care, or other similar social service care on the premises or operates as a business.
“RCW” means the Revised Code of Washington.
“Receptacles” means those containers designed and designated for holding litter and meeting the minimum requirements of Washington State regulations.
“Refuse” has the same definition as “Garbage.”
“Roadway” means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the sidewalk or shoulder even though such sidewalk or shoulder is used by persons riding bicycles. In the event a highway includes two or more separated roadways, the term “roadway” shall refer to any such roadway separately but shall not refer to all such roadways collectively.
“Sidewalk” means that property between the curb lines or the lateral lines of a roadway or street and the adjacent property, set aside and intended for the use of pedestrians or such portion of private property parallel and in proximity to a public highway and dedicated to use by pedestrians.
“Solid waste” means all putrescible and nonputrescible solid and semisolid waste, including, but not limited to, garbage, refuse, rubbish, ash, industrial waste, swill, demolition and construction wastes, abandoned or junk vehicles or parts thereof, and discarded commodities, bulk waste, recyclable material, and unwanted vegetation or debris on publicly owned land or improved rights-of-way.
“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, and are by this reference incorporated herein as if set forth in full.
“Street” means any public roadway, sidewalk, or portions thereof in the city of Sedro-Woolley dedicated to the public use.
“SWMC” means Sedro-Woolley Municipal Code.
“Vehicle” means every device capable of being moved upon a roadway and in, upon, or by which any person or property is or may be transported or drawn upon a roadway, and includes, without limitation, automobiles, trucks, trailers, motorcycles and tractors, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks. (Ord. 2021-22 § 2, 2022)
8.50.040 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. 2021-22 § 2, 2022)
8.50.050 Enforcement.
Enforcement of this chapter may be by any law enforcement 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. 2021-22 § 2, 2022)
8.50.060 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. 2021-22 § 2, 2022)
8.50.070 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. 2021-22 § 2, 2022)
8.50.080 Receptacles in public places not to be used for garbage from businesses and/or 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 place and in no event shall be used for the disposal of other solid waste accumulated in residences or places of business. (Ord. 2021-22 § 2, 2022)
8.50.090 Receptacles—Damaging.
It is unlawful for any person to willfully damage or deface any litter receptacle. (Ord. 2021-22 § 2, 2022)
8.50.100 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. 2021-22 § 2, 2022)
8.50.110 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. 2021-22 § 2, 2022)
8.50.120 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. 2021-22 § 2, 2022)
8.50.130 Removal of evicted personal property and/or solid waste onto public access.
Once personal property and/or solid waste belonging to an evicted tenant has been placed onto public right-of-way pursuant to a court-ordered eviction per RCW Title 59, the evicted tenant/owner of the personal property and/or solid waste or his/her designee shall have twenty-four hours to remove said personal property and/or solid waste from the public right-of-way. Notice of such removal after twenty-four hours shall be given to the evicted tenant/owner of the personal property and/or solid waste or his/her designee, or if unavailable, posted on the property. If, after twenty-four hours, the evicted tenant/owner or his/her designee has not removed the personal property and/or solid waste from the public right-of-way, the personal property and/or solid waste shall be deemed a nuisance, and the landlord/property owner or his/her designee shall remove the personal property and/or solid waste for proper disposal within forty-eight hours of issuing notice or the city shall seek to abate the nuisance, pursuant to Chapter 18.40, to be billed to the landlord/property owner or his/her designee. (Ord. 2021-22 § 2, 2022)
8.50.140 Severability.
If any section, word or words of this chapter are found to be unconstitutional or otherwise invalid, such unconstitutionality or invalidity shall not affect the remaining portions of this chapter. (Ord. 2021-22 § 2, 2022)
8.50.150 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. 2021-22 § 2, 2022)
8.50.160 Violation—Penalty.
A. Any person, firm or corporation violating any of the provisions of this chapter is guilty of a class 2 civil infraction with a fine amount as listed in the master fee schedule adopted by resolution of the city council. It is a class 1 civil infraction with a fine amount as listed in the master fee schedule adopted by resolution of the city council for a person to discard, in violation of this chapter, a cigarette, cigar or other tobacco product that is capable of starting a fire.
B. Any person, firm or corporation violating any of the provisions of this chapter more than two times in a calendar year or in an amount equal to or greater than one cubic foot but less than one cubic yard is guilty of misdemeanor punishable by up to ninety days in jail and a one-thousand-dollar fine.
C. Any person, firm, or corporation violating any provisions of this chapter in an amount equal to or greater than one cubic yard is a guilty of a gross misdemeanor punishable by up to three hundred sixty-four days in jail and a five-thousand-dollar fine. (Ord. 2021-22 § 2, 2022)